Investment Obligations Sample Clauses

Investment Obligations. (a) Upon the receipt by Southcross Holdings of a valid written notice from SXE (or the Administrative Agent on behalf of SXE) of a Full Investment Trigger, Southcross Holdings shall, within three (3) Business Days (provided that such period shall be extended to thirteen (13) Business Days after the date of delivery of such notice if Southcross Holdings issues a valid Backstop Demand pursuant to Section 2.2), make a Qualifying Investment in SXE in an aggregate amount equal to the Committed Amount as of the date of such notice. (b) Upon the receipt by Southcross Holdings of valid written notice from SXE (or the Administrative Agent on behalf of SXE) of a Partial Investment Trigger, Southcross Holdings shall, within three (3) Business Days (provided that such period shall be extended to thirteen (13) Business Days after the date of delivery of such notice if Southcross Holdings issues a valid Backstop Demand pursuant to Section 2.2), make a Qualifying Investment in SXE in an aggregate amount equal to the lesser of (i) the amount necessary to increase the Liquidity of the Borrower and the other Loan Parties up to $3,500,000 after giving pro forma effect to such Qualifying Investment and (ii) the Committed Amount as of the date of such notice; provided, that any Qualifying Investment made pursuant to this Section 1.2(b) shall be in a minimum amount equal to the lesser of (i) $2,000,000 and (ii) the Committed Amount as of the date of such notice. To be valid, any notice of a Partial Investment Trigger shall include a reasonably detailed calculation of the minimum size of the Qualifying Investment necessary to satisfy this Section 1.2(b). (c) For the avoidance of doubt, and notwithstanding anything in this Agreement to the contrary, Southcross Holdings’ aggregate funding obligations under this Agreement, and any guarantee or backstop thereof, shall not exceed $15,000,000. (d) For the avoidance of doubt, no amounts contributed by Southcross Holdings or any Sponsor hereunder in exchange for Qualifying Units shall constitute an Equity Cure Contribution. (e) SXE shall deliver a copy of each Investment Notice to the Administrative Agent and each Sponsor concurrently with delivery thereof to Southcross Holdings.

Investment Obligations. Unless otherwise directed by the Liquidation Trust Advisory Board, the Liquidation Trust Administrator shall invest and re- invest the liquid Liquidation Trust Assets consistent with the obligations of a trustee under section 345 of the Bankruptcy Code; provided, that, the Liquidation Trust Administrator shall be limited to investing such liquid Liquidation Trust Assets in demand and time deposits, such as short-term certificates of deposit, in banks or other savings institutions or other temporary liquid investments such as Treasury bills. The Liquidation Trust Administrator shall not be liable in any way for any loss or other liability arising from any investment, or the sale or other disposition of any investment, made in accordance with this Section.

Investment Obligations. The Trustee shall invest and reinvest the liquid Trust Assets consistent with the obligations of a trustee under § 345 of Bankruptcy Code and otherwise pursuant to any Trust Committee authorization in accordance with Section 5.6 of this Trust Agreement. The Trustee shall not be liable in any way for any loss or other liability arising from any investment, or the sale or other disposition of any investment, made in accordance with this Section 4.10, except for any such loss or liability arising from the Trustee’s gross negligence or willful misconduct. However, the scope of any such permissible investments shall be limited to include only those investments, or shall be expanded to include any additional investments, as the case may be, that a liquidating trust, within the meaning of Treasury Regulation § 301.7701- 4(d) may be permitted to hold, as set forth in IRS Revenue Procedure 94-45 and any successor guidance, pursuant to any amendment or addition to the Internal Revenue Code or to the Treasury Regulations or any modification in IRS guidelines, whether set forth in IRS rulings, other IRS pronouncements or otherwise. Any investment purchased with the Trust Assets shall be deemed a part of the Trust Assets. All interest distributions and proceeds received by the Trustee in respect to such investments shall be a part of the Trust Assets.

Investment Obligations. As of the Effective Date, the Issuer has no knowledge that it has made any material investment, or entered into any agreement for the purpose of effecting any such investment, which is not permitted to be made pursuant to the Act and the Indenture.

Investment Obligations. 40 7.03 Delivery and Maintenance of Short Term Letter of Credit........................40 7.04 Delivery and Maintenance of Long Term Letter of Credit.........................41 7.05

Investment Obligations. On each of (a) the Closing Date and (b) the ----------------------- date which is 12 months after the Closing Date, TelePad shall negotiate with the Company in respect of making a $5 million investment in the Company or the Investment Subsidiary. Each such investment shall be in the form of an equity contribution the proceeds of which shall be used for the purpose or purposes determined by a majority of the Company's directors; provided, however, that either or both of such investment obligations may be nullified by (i) a vote of a majority of the Company's directors, so long as (A) designees or appointees of the LLC comprise a majority thereof or (B) the Additional Consideration has already been paid, or (ii) the LLC, if the LLC's designees no longer comprise a majority of the Board and the Additional Consideration has not been paid. As a condition to TelePad's obligation to make each such $5 million investment, the LLC must, concurrent with the Company's specification of the form of such investment, advise TelePad in writing as to the formula to be used for the calculation of Additional Consideration under Section 1.02(c)(ii).

Investment Obligations. The Litigation Trustee shall (a) invest all Cash in “government securities” (as such term is defined in Section 2(a)(16) of the Investment Company Act of 1940, as amended) or (b) deposit such Cash in demand deposits at any bank approved as a depository for debtor-in-possession accounts by the U.S. Trustee. The Litigation Trustee shall make such investments or deposits, as the case may be, in such amounts and at such times as may be deemed necessary by the Litigation Trustee, in his or her sole discretion, to provide funds when needed to make payments from the Scotia Pacific Litigation Trust. If at any time it shall become necessary that some or all of the investments be redeemed or sold in order to raise money necessary to comply with the provisions of this Scotia Pacific Litigation Trust Agreement or the Plan, the Litigation Trustee shall effect such redemption or sale, in such manner and at such time as the Litigation Trustee, in his or her sole discretion, deems reasonable.

Investment Obligations. The Liquidating Trustee shall (a) invest all Cash in “government securities” (as such term is defined in Section 2(a)(16) of the Investment Company Act of 1940, as amended) or (b) deposit such Cash in demand deposits at any bank approved as a depository for debtor-in-possession accounts by the U.S. Trustee. The Liquidating Trustee shall make such investments or deposits, as the case may be, in such amounts and at such times as may be deemed necessary by the Liquidating Trustee, in his or her sole discretion, to provide funds when needed to make payments from the Scotia Pacific Liquidating Trust. If at any time it shall become necessary that some or all of the investments constituting Trust Assets be redeemed or sold in order to raise money necessary to comply with the provisions of this Scotia Pacific Liquidating Trust Agreement or the Plan, the Liquidating Trustee shall effect such redemption or sale, in such manner and at such time as the Liquidating Trustee, in his or her sole discretion, deems reasonable.

Investment Obligations. The Trustee shall invest and reinvest the liquid Trust Assets as directed by the Company; provided that such investments shall be in obligations of or guaranteed by the United States of America, with maturities not exceeding three (3) months. Any interest and other income resulting from such investment shall become a part of the Trust Assets and a proportionate distribution of any such interest or income shall be paid upon payment to any holder of an Unsecured Claim Unit or an Allowed Unsecured Claim (net of any taxes owing or paid on such interest or income). The Trustee shall not be liable to ensure that investment directions provided by the Company comply with the restrictions set forth in this Section 4.6 or in any way for any loss or other liability arising from any investment, or the sale or other disposition of any investment, made in accordance with this Section 4.6, except for any such loss or liability arising from the Trustee’s gross negligence or willful misconduct.

Investment Obligations. The Trustee shall invest and reinvest the liquid Trust Assets consistent with the obligations of a trustee under Bankruptcy Code section 345 and otherwise pursuant to any Trust Advisory Board authorization in accordance with Section 8.7. The Trustee shall not be liable in any way for any loss or other liability arising from any investment, or the sale or other disposition of any investment, made in accordance with this Section 7.10, except for any such loss or liability arising from the Trustee's gross negligence, willful misconduct or bad faith.