Investment Rights. (a) Borrower shall offer to Lenders on a pro rata basis, the ability to purchase up to an aggregate of Three Million Dollars ($3,000,000.00) of the Equity Interests issued in the next private (i.e., non-public offering) Equity Round following the Closing Date, with such purchase to be either in cash or conversion of any Advance. Lender may assign its entitlement to purchase such Equity Interests to any assignee reasonably acceptable to Borrower, it being agreed that any Affiliate or limited partner of a Lender shall be deemed to be acceptable. Notwithstanding the foregoing, Borrower shall have no obligation to make such offer if Lender or its assignee is not an “accredited” investor, as defined in the rules associated with the Securities Act of 1933, or if Borrower reasonably determines that it does not have availability in such Equity Round given commitments provided to other investors. If allowed to purchase, Lenders or their assignee(s) shall be entitled to purchase the same class and series of equity, for the same price and on the same terms as are offered to other investors in the Equity Round (provided that no Lender shall be required to undertake any obligations other than to purchase said Equity Interests at the price and ratios provided therein). Borrower will promptly notify Lenders upon the execution of a term sheet with respect to the Equity Round and at a minimum not less than at least twenty (20) days prior to the close of the Equity Round, and subject to the right of Borrower to exclude Lenders from participating, each Lender will have twenty (20) days after receipt of that notice to participate, in which case any participating Lender (or its assignee(s)) will execute and be party to the purchase agreement, investor rights agreement, and other agreements executed by the other investors in connection with the Equity Round. Without otherwise limiting the foregoing (i) if Borrower shall notify Lenders or their assignee(s) that the Equity Round is anticipated to close prior to the end of the Lenders’ 20-day participation election period, each Lender or its assignee(s) will use reasonable efforts to make its participation election by two (2) Business Days prior to such anticipated close, and (ii) in any event, in lieu of complying with the advance notice requirements of this Section 6.13, Borrower may elect to give Lenders or their assignee(s) notice of such Equity Round within five (5) days after the initial closing thereof, and Lenders or their...
Investment Rights. As partial consideration for Landlord entering into this Lease, Xxxxxx has granted Landlord (or its designee) certain rights to purchase (the “Investment Rights”) Tenant’s stock pursuant to a written agreement dated on or about the date of this Lease (the “Investment Agreement”). Landlord and Tenant agree that (i) the Investment Rights and the Investment Agreement (collectively, the “Investment Documents”) are intended to be independent of this Lease and the landlord and tenant relationship created by this Lease, (ii) neither the Investment Documents, the grant or exercise of the Investment Rights, nor the value of either collectively, the “Investment Consideration”) is intended to serve as any type or component of security for Tenant’s obligations or liabilities under this Lease, (iii) the Investment Rights are exercisable absolutely independent of any obligation, liability; circumstance or event which may (or may not) arise under or in connection with this Lease, and in no event is the exercise of the Investment Rights by the holder thereof contingent upon or in any way related to Tenant’s default under this Lease or the exercise (or non-exercise) of Landlord’s rights and remedies under this Lease, (iv) in no event is the exercise (or non-exercise) of Landlord’s rights and remedies under this Lease contingent upon or in any way related to the exercise (or non-exercise) of the Investment Rights by the holder thereof, and (v) in no event shall the Investment Consideration be applied against or as a credit to the rent or other charges or amounts due to Landlord under this Lease, including, without limitation, damages due to Landlord by reason of Xxxxxx’s default hereunder.
Investment Rights. For 30 days after the Closing Date, the Company shall have the right to sell up to $500,000 of the Company’s common or convertible preferred stock, subject to the Purchasers’ consent. The terms of any such preferred stock shall be approved by the Purchasers prior to the Company’s acceptance of any proceeds from the sale of such stock.
Investment Rights. (a) If the result of exploration shows value for industrial mining, the Joint Venture shall have first priority in the mining rights and Party A and Party B shall have the rights and obligations according to the Shared Ratio under this Agreement; (b) if the result of exploration shows value for industrial mining but does not fulfill the production conditions agreed by both parties, the assignment proceeds of such exploration result shall be allocated between Party A and Party B according to the Shared Ratio in the Joint Venture. STATUS
Investment Rights. 1.2.1 The Fund confirms that, with the approval of IDC, the Fund may invest in all film and television production projects in which investment has been made in the name of Bona Film and its affiliates. Bona Film and its affiliates shall not finance the production projects with its own capital until the Fund’s entrusted investment is accomplished by Bona Film. Notwithstanding the foregoing, (i) for Target Projects in which the IDC has determined not to invest but all members appointed by Bona Film in the IDC have voted to support such investment, Bona Film could use its self-owned funds to make investment; (ii) with the approval of the IDC, Bona Film could use its self-owned funds to make investment in the Target Projects by itself or through collaboration with the Fund. (For the avoidance of doubt, Bona Film could develop new projects with its self-owned funds.)
