Fund Commitments Sample Clauses

Fund Commitments. From and after the Closing, either the Mubadala Investors, or one or more entities owned by the Abu Dhabi government other than the Abu Dhabi Investment Authority (collectively, the “Abu Dhabi Investors”) agree that they shall commit to invest pursuant to the terms of the applicable subscription agreement(s) an aggregate of at least $100,000,000 in one or more Carlyle Funds mutually agreeable to the Carlyle Parent Entities and the Abu Dhabi Investors by not later than the second anniversary of the Issue Date; provided; (a) the allocation of commitments among such Carlyle Funds shall be determined by the Mubadala Investors in their sole discretion; (b) the terms of such investment shall provide for limited liability to the Abu Dhabi Investor (subject to customary exceptions) and otherwise on terms substantially similar to the prior investments by the Mubadala Investors in the Carlyle Funds; (c) any disputes arising solely between the Abu Dhabi Investor and any of the Carlyle Companies relating to any commitment or investment in any Carlyle Fund shall be governed by the arbitration provisions set forth in Section 11 of the Subscription Agreement; (d) for any Carlyle Fund in which a Mubadala Investor or an Abu Dhabi Investor will invest, such Carlyle Fund shall offer to such Mubadala Investor or an Abu Dhabi Investor material terms which are no less favorable in the aggregate to such Mubadala Investor or an Abu Dhabi Investor than those that have been provided to any existing third Person investor already invested in such Carlyle Fund; and (e) in the event any Carlyle Fund accepts an investment from a third Person in such Carlyle Fund in which a Mubadala Investor or an Abu Dhabi Investor is invested, on material terms which are more favorable in the aggregate to such potential third Person investor than those provided to 51 such Mubadala Investor or Abu Dhabi Investor, then such Carlyle Fund shall not accept the investment from such third Person unless and until it offers to the Mubadala Investor or the Abu Dhabi Investor, as the case may be, the option of either (i) maintaining the investment in such Carlyle Fund on the existing terms without change or (ii) modifying the terms of the investment in such Carlyle Fund so as to provide the Mubadala Investor and/or Abu Dhabi Investor with substantially identical material terms as are granted to the potential new third Person investor; provided, that that the Mubadala Investor and/or Abu Dhabi Investor will not, (...
Sample 1
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Fund Commitments. For each Investment Opportunity that the Investment Manager presents to the General Partner, the Investment Manager shall, upon not less than three business days prior written notice to each member of the Management Committee, schedule a meeting between the Investment Manager and such members regarding such Investment Opportunity (an “Investment Opportunity Meeting”). Within two business days prior to each Investment Opportunity Meeting, the Investment Manager shall deliver to each such member a copy of the Investment Opportunity Report and each other report regarding the related Investment Opportunity. Following an Investment Opportunity Meeting, the General Partner shall notify the Investment Manager of its determination to either cause the Fund, either directly or through a Vehicle, to acquire an Investment in such Investment Opportunity or cause the Fund to decline to acquire an Investment in such Investment Opportunity. In the event that the General Partner has approved the acquisition by the Fund of an Investment in an Investment Opportunity, the General Partner shall deliver to the Investment Manager a written commitment for the Fund to acquire such Investment, in a form acceptable to the General Partner and the Investment Manager, which commitment shall state the terms and conditions upon which the General Partner has committed to cause the Fund to acquire such Investment (a “Fund Commitment”). Each Fund Commitment shall require that the proposed borrower related to the applicable Investment Opportunity certify that such proposed borrower is not an affiliate of Capital Trust, Inc. or Citigroup Inc. (a “Non-Affiliate Certification”). The General Partner shall be deemed to have declined to cause the Fund to acquire an Investment in an Investment Opportunity if the General Partner fails to promptly notify the Investment Manager following an Investment Opportunity Meeting of the General Partner’s determination to cause the Fund to either acquire an Investment in an Investment Opportunity or decline to acquire such an Investment.
Sample 1
Fund Commitments. TCP agrees that (i) there shall not be any Common Share investor (other than the Purchaser and TCP and/or its affiliates) with a Common Share capital commitment to the Fund of greater than $300,000, (ii) the Fund will only accept Common Share capital commitments in an amount not to exceed $300 million and (iii) the Purchaser will be allocated a portion of the $300 million in Common Share capital commitments to be accepted by the Fund such that the Purchaser's Common Share capital commitment will equal $300 million less (x) TCP's (and/or its affiliates') $500,000 Common Share capital commitment and (y) the total of all Common Share capital commitments made by other investors in the Fund, such amount not to exceed $5,000,000.
Sample 1

Related to Fund Commitments

  • Revolving Commitments If for any reason the Total Revolving Outstandings at any time exceed the Aggregate Revolving Commitments then in effect, the Borrower shall immediately prepay Revolving Loans and/or Swing Line Loans and/or Cash Collateralize the L/C Obligations in an aggregate amount equal to such excess; provided, however, that the Borrower shall not be required to Cash Collateralize the L/C Obligations pursuant to this Section 2.05(b)(i) unless after the prepayment in full of the Revolving Loans and Swing Line Loans the Total Revolving Outstandings exceed the Aggregate Revolving Commitments then in effect.

  • Incremental Commitments (a) The Borrower may, by written notice to the Administrative Agent from time to time, request Incremental Term Loan Commitments and/or Incremental Revolving Facility Commitments, as applicable, in an amount not to exceed the Incremental Amount available at the time such Incremental Commitments are established (or at the time any commitment relating thereto is entered into or, at the option of the Borrower, at the time of incurrence of the Incremental Loans thereunder) from one or more Incremental Term Lenders and/or Incremental Revolving Facility Lenders (which may include any existing Lender) willing to provide such Incremental Term Loans and/or Incremental Revolving Facility Commitments, as the case may be, in their own discretion; provided, that each Incremental Revolving Facility Lender providing a commitment to make revolving loans shall be subject to the approval of the Administrative Agent and, to the extent the same would be required for an assignment under Section 9.04, the Issuing Banks and the Swingline Lender (which approvals shall not be unreasonably withheld) unless such Incremental Revolving Facility Lender is a Revolving Facility Lender. Such notice shall set forth (i) the amount of the Incremental Term Loan Commitments and/or Incremental Revolving Facility Commitments being requested (which shall be in minimum increments of $5,000,000 and a minimum amount of $10,000,000, or equal to the remaining Incremental Amount or, in each case, such lesser amount approved by the Administrative Agent), (ii) the date on which such Incremental Term Loan Commitments and/or Incremental Revolving Facility Commitments are requested to become effective, (iii) in the case of Incremental Revolving Facility Commitments, whether such Incremental Revolving Facility Commitments are to be (x) commitments to make additional Revolving Facility Loans on the same terms as the Initial Revolving Loans or (y) commitments to make revolving loans with pricing terms, final maturity dates, participation in mandatory prepayments or commitment reductions and/or other terms different from the Initial Revolving Loans (“Other Revolving Loans”) and (iv) in the case of Incremental Term Loan Commitments, whether such Incremental Term Loan Commitments are to be (x) commitments to make term loans with terms identical to Term B Loans or (y) commitments to make term loans with pricing, maturity, amortization, participation in mandatory prepayments and/or other terms different from the Term B Loans (“Other Term Loans”).

  • Incremental Revolving Commitments (a) The Borrower may on one or more occasions, by written notice to the Administrative Agent, request during the Revolving Commitment Period the establishment of Incremental Revolving Commitments, provided that the aggregate amount of all the Incremental Revolving Commitments to be established hereunder on any date shall not exceed the Incremental Amount as of such date. Each such notice shall specify (i) the date on which the Borrower proposes that the Incremental Revolving Commitments shall be effective, which shall be a date not less than 10 Business Days (or such shorter period as may be agreed to by the Administrative Agent) after the date on which such notice is delivered to the Administrative Agent, (ii) the amount of the Incremental Revolving Commitments being requested (which shall be an amount not less than $5,000,000) and (iii) the identity of each Person proposed to become an Incremental Revolving Lender in connection therewith (it being agreed that (x) any Lender approached to provide any Incremental Revolving Commitment may elect or decline, in its sole discretion, to provide such Incremental Revolving Commitment and (y) any Person that the Borrower proposes to become an Incremental Revolving Lender, if such Person is not then a Lender, must be an Eligible Assignee and, if such approval would then be required under Section 10.6(c) for an assignment to such Person of a Commitment or Loan, must be approved by the Administrative Agent, each Issuing Bank and the Swing Line Lender (such approval not to be unreasonably withheld or delayed)).

  • Loan Commitments Subject to the terms and conditions hereof,

  • Revolving Loan Commitments Lender will make loans to Borrower on a revolving basis (“Revolving Loans”) from time to time and Borrower may repay such loans from time to time until the Termination Date in such amounts as Borrower may request from Lender; provided, that after giving effect to such Revolving Loans, the Revolving Loans outstanding will not at any time exceed the Borrowing Availability.

  • Term Loan Commitments Subject to the terms and conditions hereof, and relying upon the representations and warranties herein set forth, each Lender severally agrees to make a term loan (the “Term Loan”) to the Borrower on the Closing Date in such principal amount as the Borrower shall request up to, but not exceeding such Lender’s Term Loan Commitment.

  • Investment Commitment The undersigned's overall commitment to investments which are not readily marketable is not disproportionate to the undersigned's net worth, and an investment in the Shares will not cause such overall commitment to become excessive.

  • Capital Commitments No Credit Party shall relieve, excuse, delay, postpone, compromise or xxxxx any Investor from the making of any Capital Contribution pursuant to a Capital Call by the applicable Credit Party, provided that the Credit Parties may excuse any Investor from funding a Capital Call with respect to which an Investor Exclusion Event applies.

  • Additional Commitments If applicable, the Participant agrees, prior to the vesting of the Restricted Stock Units granted pursuant to this Award Agreement that he or she shall deliver to the Secretary of the Company or the Secretary’s office, or such other place as may be determined by the Committee, payment in cash (via cashier’s check or such other form acceptable to the Company), or such other method as the Committee may approve, for the Withholding Obligation, if the Participant desires to pay the Withholding Obligation in lieu of the Company exercising its entitlement in the first sentence of Section 6 hereof.

  • Term Commitments Subject to the terms and conditions hereof, each Term Lender severally agrees to make a term loan (a “Term Loan”) to the Borrower on the Closing Date in an amount not to exceed the amount of the Term Commitment of such Lender. The Term Loans may from time to time be Eurodollar Loans or ABR Loans, as determined by the Borrower and notified to the Administrative Agent in accordance with Sections 2.2 and 2.12.

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