Investment in ZAMBA Sample Clauses

Investment in ZAMBA. As part of the consideration to induce ZAMBA to enter into this Alliance and work towards the objectives set forth herein, HCL has agreed to make the investments in ZAMBA set forth below: (i) On the Closing Date, HCL shall purchase 2,460,025shares of ZAMBA common stock, with a par value of $.01 per share, at a per share purchase price of $0.407, as set forth in the Stock Purchase Agreement attached as Exhibit 4 to this Agreement. The per share purchase price is based upon the average of the closing bid prices of ZAMBA’s common stock on the Nasdaq National Market System for the twenty (20) business days preceding, but not including, February 21, 2002. (ii) In connection with HCL’s purchase of equity, ZAMBA shall issue to HCL a warrant to purchase up to 615,006 shares of ZAMBA common stock at an exercise price of $0.610 per share, pursuant to the Warrant Agreement attached to this Agreement as Exhibit 5. The exercise price of the warrant represents one hundred fifty percent (150%) of the per share purchase price for the purchase of common stock set forth above. ZAMBA shall also grant HCL certain rights to register the shares of ZAMBA common stock purchased under Section 6.1(i) pursuant to the Registration Rights Agreement attached as Exhibit 6 to this Agreement.
Sample 1
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Related to Investment in ZAMBA

  • Investment in the Trust Investments may be accepted by the Trust from such Persons, at such times, on such terms, and for such consideration, which may consist of cash or tangible or intangible property or a combination thereof, as the Trustees from time to time may authorize. At the Trustees’ sole discretion, such investments, subject to applicable law, may be in the form of cash or securities in which the affected Portfolio is authorized to invest, valued as provided in applicable law. Each such investment shall be recorded in the individual Shareholder’s account in the form of full and fractional Shares of the Trust, in such Portfolio (or Class) as the Shareholder shall select. The Trustees and their authorized agents shall have the right to refuse to issue Shares to any Person at any time and for any reason.

  • Sub-Investment Advisers The Adviser may employ one or more sub-investment advisers from time to time to perform such of the acts and services of the Adviser, including the selection of brokers or dealers to execute the Trust's portfolio security transactions, and upon such terms and conditions as may be agreed upon between the Adviser and such sub-investment adviser and approved by the Trustees of the Trust, all as permitted by the Investment Company Act of 1940.

  • Investment Canada Act The Purchaser is not a “non-Canadian” within the meaning of the Investment Canada Act.

  • Investment Assets Those assets of the Fund as the Advisor and the Fund shall specify in writing, from time to time, including cash, stocks, bonds and other securities that the Advisor deposits with the Custodian and places under the investment supervision of the Sub-Advisor, together with any assets that are added at a subsequent date or which are received as a result of the sale, exchange or transfer of such Investment Assets.

  • Investment Limitation The Company shall not invest, or otherwise use the proceeds received by the Company from its sale of the Shares in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act.

  • Acquisition for Investment The Purchaser is a “non-US person” as defined in Regulation S, acquiring the Shares solely for the its own account for the purpose of investment and not with a view to or for sale in connection with a distribution to anyone. 投资目的。购买人是符合规则S下定义的“非美国主体”，购买此合同下的股票仅出于其个人的投资目的，不是为了向其他人分销。

  • Status and Investment Intent (a) Status of the Purchaser. The Purchaser is either (i) an “accredited investor” within the meaning of Rule 501 of Regulation D under the Securities Act or (ii) not a “U.S. person” within the meaning of Regulation S under the Securities Act.

  • Investments No more than 45% of the “value” (as defined in Section 2(a)(41) of the Investment Company Act of 1940, as amended (“Investment Company Act”)) of the Company’s total assets consist of, and no more than 45% of the Company’s net income after taxes is derived from, securities other than “Government Securities” (as defined in Section 2(a)(16) of the Investment Company Act) or money market funds meeting the conditions of Rule 2a-7 of the Investment Company Act.

  • Investment Advisor The Buyer is an investment advisor registered under the Investment Advisors Act of 1940.

  • Adjustment in Shares Should any change be made to the Common Stock by reason of any stock split, stock dividend, recapitalization, combination of shares, exchange of shares or other change affecting the outstanding Common Stock as a class without the Corporation’s receipt of consideration, appropriate adjustments shall be made to the total number and/or class of securities issuable pursuant to this Award in order to reflect such change and thereby preclude a dilution or enlargement of benefits hereunder.

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