Investor Support. If Bank determines, based on indications from Borrower’s existing investors that such investors no longer intend to provide capital to Borrower in amounts and at times sufficient to enable Borrower to satisfy its obligations including but not limited to all Obligations owing from Borrower to Bank, and Borrower fails to have other investors willing to provide such capital.
Investor Support. There is a lack of Investor Support, as determined by Bank in its sole, but reasonable discretion;
Investor Support. Bank determines, in its good faith judgment that Borrower’s investors will not continue to fund Borrower in the amounts and timeframe necessary to enable Borrower to satisfy the Obligations as they become due and payable;
Investor Support. During the Restricted Period, the Investor shall, and shall cause its Affiliated Transferees to (a) vote any Shares and New Preferred Shares beneficially owned, or over which control or direction is exercised, by the Investor or its Affiliated Transferees in favour of or abstain from voting on (i) any resolution seeking the election of the Company’s Nominees at a Directors Election Meeting; (ii) any resolution seeking the appointment of the Company’s independent auditor at a meeting of shareholders of the Company; and (iii) any advisory resolution with respect to the Company’s approach to executive compensation; and (b) vote any Shares and New Preferred Shares beneficially owned, or over which control or direction is exercised by the Investor or its Affiliated Transferees against, abstain from voting or withhold from voting on (i) any nominee for election to the Board who is not a nominee proposed by the Company; or (ii) any resolution to remove any Director from the Board; provided, however, that the Investor shall not be under any obligation to vote in the same manner as recommended by the Board or in any other manner, other than in the Investor’s sole discretion, with respect to any other matter, including without limitation the approval (or non-approval) or adoption (or non-adoption) of, or other proposal directly related to, any arrangement, merger or other business combination transaction involving the Company, the sale of all or substantially all of the assets of the Company or any other change of control transaction involving the Company.
Investor Support. Until the earlier of (a) such time as the Stockholder’s and its Affiliates’ Voting Percentage is less than 40% (the “Ownership Reduction Event”) and (b) the fifth anniversary of the Closing Date, the Stockholder will:
Investor Support. If Bank determines in its reasonable good faith judgment, that it is the clear intention of none of Borrower’s investors to continue to fund Borrower in the amounts and within the timeframe necessary to enable Borrower to satisfy the Obligations as they become due and payable and Borrower’s unrestricted cash and Cash Equivalents at such time is less than the sum of (a) the then outstanding principal balance of the Advances, plus (b) all Indebtedness owing from Borrower to Bank and Horizon under the Mezzanine Loan Agreement.
Investor Support. (a) Subject to the terms and conditions set forth herein, the Fund hereby appoints the Agent as the Fund's non-exclusive investor support services agent in connection with the sale and repurchase of interests in the Fund. Subject to the performance in all material respects by the Fund of its obligations hereunder, and to the completeness and accuracy in all material respects of all of the representations and warranties of the Fund contained herein, the Agent hereby accepts such agency and agrees on the terms and conditions herein set forth to use the Agent's best efforts to: (a) be responsible for coordinating communications with Members (which may be through financial advisors used by such Members); (b) be responsible for responding to inquiries from Members regarding their accounts; (c) be responsible for coordinating the provision of investment account reports to Members (which may be through financial advisors used by such Members); and (d) act as primary agent to handle inquiries regarding tender offers and purchases made by the Funds. The Agent shall not have any liability to the Fund in the event that any investor fails to consummate the purchase of Interests for any reason other than the Agent's willful misconduct or gross negligence or violation of applicable law.
(b) From time to time, Wachovia Securities, LLC and Wachovia Securities Financial Networks, LLC (together, the "Placement Agent") may provide investor support services in conjunction with those provided by the Agent pursuant to this Agreement. Such investor support services provided by the Placement Agent are provided pursuant to a separate placement agency agreement between the Fund and the Placement Agent.
Investor Support. If Borrower investors (as determined by Bank in its sole discretion) inform Bank that Borrower has not met any investor mandated milestone such that Borrower’s investors will not provide Borrower with the New Equity required by this Agreement.”
12. Section 9.2 of the Agreement is hereby amended and restated in its entirety to read as follows:
Investor Support. Bank reasonably and in good faith determines that Borrower does not have Investor Support.
Investor Support. Section 5.1
