Initial Investments. As an accommodation to Customer, Supplier may allocate Customer’s payment for certain initial investments made by Supplier in relation to Services over the Term of the applicable SOW. Any investments so allocated will be identified in the SOW. In the event an SOW is terminated prior to expiration of its Term for any reason, Customer shall pay Supplier, in addition to other amounts owed pursuant to the terms of this Agreement, the amount of any such investments that were allocated to periods after the date of termination.
Initial Investments. To be covered in supplemental agreement agreed upon by all parties.
Initial Investments. The Trustee shall invest the net proceeds from the sale and issuance of the Units in Permitted Investments.
Initial Investments. The Shareholders currently own the following amount of Shares: Shareholder Number of Shares Percentage ITOCHU 2,500 51% ENER1 2,400 49% The Shares initially represents one-hundred percent (100%) of the outstanding equity of the Corporation as of the date of this Agreement.
Initial Investments. Subject to all of the terms and conditions set forth herein, Investor agrees to remit initial Investment Proceeds to the Litigation Trustee in accordance with this Agreement in an aggregate amount equal to the amount set forth in the initial Investment Request submitted by the Litigation Trustee to Investor on or prior to the Closing Date, which request shall equal the sum of (a) all Investor Party Expenses that are due and payable on the Closing Date, and (b) an amount (as determined by the Litigation Trust Oversight Committee) necessary to fund the Expense Fund (as defined in the Litigation Trust Agreement). The initial Investments shall be funded promptly (and in any event, not later than the ( th) Business Day after the Closing Date). The amount of the Investment Commitment shall be reduced by the amount of the initial Investment made by the Investor. No amount of Investment Proceeds that are returned or repaid may be required to be re-advanced or reinvested.
Initial Investments. Section 9.2. Reinvestment of Payments Received by the Company Section 9.3. Sales of Affiliate Debt Instruments
Initial Investments. (a) On the Closing Date, 95% of the Initial LLC Proceeds shall be invested in a debt instrument of the Company in an equal principal amount issued pursuant to an Indenture substantially in the form of Exhibit A attached hereto (the “Company Debenture”). The LLC shall invest the remaining 5% of the Initial LLC Proceeds in Eligible Debt Securities (together with the Company Debenture, the “Initial Investments”).
(b) The LLC may purchase the Company Debenture only (A) upon the acceptance of a written offer setting forth the terms and conditions on which the Company shall issue the Company Debenture to the LLC, (B) the satisfaction of the Reinvestment Criteria and (C) receipt of a written representation from the Company as of the date that the Company Debenture was purchased by the LLC to the effect that if the Company Debenture were to be rated, at least one Rating Agency would rate the Company Debenture “investment grade”. The Company Debenture shall be issued under an Indenture in substantially the form attached as Exhibit A hereto.
Initial Investments. IAC agrees, on behalf of itself and its Affiliates, that the first $20 million of investments made by IAC and/or its Affiliates in the Company occurring after May 1, 2014 (the “Initial Investments”), whether made in the form of Equity Securities or otherwise, shall not be dilutive to the Founder’s equity interest in the Company (but may have the economic consequence to Founder of such financing having been made in the form of indebtedness). “Equity Securities” means capital stock of the Company or any securities or instruments convertible into, or exercisable or exchangeable for, whether directly or indirectly at any time, capital stock of the Company.
Initial Investments. (a) The Partnership may have the opportunity to make one or more Investments (the “Initial Investments”) before the first Closing Date on which the General Partner determines to accept Commitments of Limited Partners that are not affiliated with the General Partner, its Affiliates, the Principals and/or entities controlled by one or more of the Principals or on any subsequent Closing Date. In such a case, the General Partner may determine to hold the Initial Closing or any subsequent Closing Date solely with Commitments of the General Partner, its Affiliates, the Principals and/or entities controlled by one or more of the Principals for purposes of making any such Initial Investment. Any Initial Investment acquired will be disclosed to the prospective Limited Partners in a supplement to the Memorandum before any Closing Date on which such prospective Limited Partners will be required to make Capital Contributions to the Partnership. Limited Partners admitted on any Closing Date following the acquisition by the Partnership of an Initial Investment may, upon their admission to the Partnership, be required to contribute to the Partnership an amount equal to their pro rata share (based on their Commitments) of the cost of such Initial Investment as of such Closing Date. Subject to Section 2.09(b), an amount equal to such Capital Contributions shall then be returned to the Persons who funded such Initial Investment, in cash, on a pro rata basis (based on their Units), and a proportionate share of such Persons’ Units in respect of such Initial Investment shall be redeemed as of such Closing Date and any subsequent Closing Date as of which additional Limited Partners fund a portion of the cost of an Initial Investment. The Initial Investments may be funded (in whole or in part) as a debt investment by the General Partner, its Affiliates, the Principals and/or entities controlled by one or more of the Principals (which may be repaid with the proceeds of subsequent Capital Contributions from Limited Partners) or in some other manner consistent with Section 2.09(b), as will be disclosed to the prospective Limited Partners in a supplement to the Memorandum. In respect of any Capital Contributions made by General Partner, its Affiliates, the Principals and/or entities controlled by one or more of the Principals in respect of an Initial Investment, the General Partner may, in its discretion, issue a separate or interim class of Units to such Persons to reflect appropri...
Initial Investments. Subject to all terms and conditions set forth in this Agreement, Investor agrees to pay (a) all Litigation Costs submitted by Plaintiff or Litigation Counsel to Investor incurred between January 1, 2017 and the Initial Funding Date and (b) all IPR Costs up to the IPR Fee Cap submitted by Plaintiff to Investor incurred between January 1, 2017 and the Initial Funding Date in accordance with this Agreement pursuant to the procedures set forth on Exhibit E (the “Payment Procedures”).
