Investment Center Approval. The approval of the Investment Center with regard to the continuousness of the Tax benefits to which the Company is eligible with respect to its Approved Enterprise Status or Benefited Enterprise Status having been obtained.
Investment Center Approval. The Company shall have obtained a final Certificate of Approval from the Investment Center which shall be comprised of the following factors (i) granting an "Approved Enterprise" status to Fab 2 within the Grant Course under the Law for the Encouragement of Capital Investments - 1959; (ii) providing for governmental grants of at least $250,000,000, which shall constitute at least 20% of the entire qualified project cost for the construction, deployment and operation of Fab 2 in accordance with the Business Plan as it exists on the date of this Agreement, provided that in the event that such project cost changes after the date of this Agreement in accordance with Section 5.6.5, the aggregate of such grants provided for in the Certificate of Approval shall equal at least 20% of the changed total project cost; (iii) the maximum required percentage of capital investments in Fab 2 which is required to be financed by equity will be 30%; and (iii) providing that the performance term under the Certificate of Approval shall be at least 5 years from the Closing.
Investment Center Approval. Parent, Merger Sub and the Company hereby agree and acknowledge that, notwithstanding anything in the Merger Agreement to the contrary, the confirmation provided by the Investment Center to the Company on April 29, 2018, that the approval of the Investment Center is not required with respect to the change in ownership of the Company, shall be deemed to constitute the “Investment Center Approval” under the Merger Agreement and shall satisfy the condition to Closing set forth in Section 7.1(i) of the Merger Agreement, unless revoked, withdrawn, or amended by the Investment Center prior to Closing.
Investment Center Approval. Section 4.17,....................... 47
Investment Center Approval. Parent and the Company shall have obtained approval of the Merger from the Investment Center as required by applicable Legal Requirements.
Investment Center Approval. The Investment Center Approval, or other communication from the Investment Center providing an approval in principle regarding the change in ownership of the Company to be effected by the Merger, shall have been obtained.
Investment Center Approval. The approval of the Investment Center with regard to the change of control of the Company having been obtained.
Investment Center Approval. Seller shall use its best efforts to obtain, if required, as promptly as practicable after the date of this Agreement, written approval of the Investment Center to the transactions contemplated by this Agreement and such other matters as Buyer may reasonably request including, without limitation, all necessary information, documents and assistance required to enable the Business to be acquired by the Buyer hereunder to be eligible to enjoy all Tax and other benefits as an “approved enterprise” pursuant to the Law for the Encouragement of Capital Investments 1959 following the Closing.
Investment Center Approval. Due to recent changes of the procedures of the Investment Center, approval of the Investment Center is no longer required and such requirement has been replaced by a requirement to notify the Investment Center of the Closing of the Merger within a reasonable time thereafter, accompanied by a confirmation by an Israeli attorney that the Closing has occurred, and a copy of the Companies Registrar’s updated record reflecting that the Company is wholly owned by Parent. Parent must also provide a declaration that it is familiar with the terms of the Company’s Investment Center grant letter(s) and that Parent undertakes to comply with such terms and the terms of the Encouragement of Capital Investments Law, 5719-1959 and the regulations enacted pursuant thereto. In light of the above, the Parties have agreed pursuant to Section 9.2(a) of the Merger Agreement to make the following amendments to the Merger Agreement:
A. The term “Investment Center Approval” shall mean the notice provided by the Parent to the Investment Center regarding the change in ownership of the Company effected by the Merger, together with all the documents and declarations that are required to be submitted therewith.
Investment Center Approval. Promptly after the execution of this Agreement, the Company shall apply for approval of the Transactions from the Investment Center, subject to the prior review and approval of such applications by Parent.
