Minimum Return. (a) On the same date as any Minimum Return Triggering Event, the Borrower shall pay the applicable Minimum Return Premium; provided, that, in the event of any Minimum Return Triggering Event consisting solely of one or more mandatory prepayments required to be made in an amount determined based on the amount of specific cash proceeds received by the Borrower pursuant to a Prepayment Event, the total cash payment owing by the Borrower in connection therewith shall not be increased as a result of the Minimum Return Premium, and instead such cash payment obligation shall remain fixed as the amount of proceeds required to be repaid pursuant to such Prepayment Event and such proceeds shall be applied and allocated in such a manner as between a repayment of outstanding principal of the Loans and a payment of the applicable Minimum Return Premium in order to achieve that result.
Minimum Return. If, following the final payment, the total amount paid to the Holder is less than the Investment Amount multiplied by 1.20 (the “Minimum Return”), the Company shall pay to the Holder within the year following the final payment the difference between the actual amount paid to the Holder and the Minimum Return. Payments under this Note shall be allocated as follows: the first amounts paid to Holder up to 20% of the Investment Amount shall be allocated as payments of interest; the remaining payments shall be allocated as payments of principal, except that any such amounts in excess of the Investment Amount will be allocated as a payment of interest. Under no circumstances shall payments to the Holder exceed what is allowed under California law governing usury.
Minimum Return. 6 Obligor.............................................................6
Minimum Return. At the end of each Note Year, with respect to each Note, the Company will determine whether the annual rate of return on such Note was equal to or greater than 10.0% per annum. In the event that your annual rate of return for the immediately preceding year was less than 10.0%, the Company will, within 45 days following the end of such year, make an interest payment to you in an amount sufficient to make the annual rate of return for such prior year equal to 10.0%.
Minimum Return. Following the second anniversary of the Initial Closing Date, if (a) a redemption of any of the outstanding shares of Series A-1 Preferred Stock occurs pursuant to Section 6(a)(i) or Section 6(a)(ii) or (b) an Optional Redemption occurs (the Redemption Date applicable to either clause (a) or (b) referred to herein as an “Applicable Redemption Date”), then the Company shall pay to each Holder on the Applicable Redemption Date, in cash, an amount equal to the Incremental Amount for each share of Series A-1 Preferred Stock held by such Holder on the Applicable Redemption Date that is so redeemed.
Minimum Return. If a Capital Transaction results in Distributable Cash being available for distribution to the Partners, and the aggregate amount of distributions to each Partner upon giving effect to the distributions of such Distributable Cash do not exceed their Minimum Return then, to the extent such Capital Transaction results in Distributable Cash, the Partners intend that such cash be distributed as follows:
(a) first, to the Partners that have made Capital Contributions, pro rata with their relative amounts of the aggregate amount of all Partners’ Capital Contributions that have been made to the Partnership, in accordance with the difference between (A) each Partner’s Minimum Return, and (B) the amount such Partner has received pursuant to Section 5.1(a), Section 5.1(b), Section 5.1(c), Section 5.1(d)(ii), Section 5.3, this Section 5.4(a), and Section 11.6(d), as applicable;
(b) next, to the Class C Limited Partner in an amount equal to the amount the Class C Limited Partner would have received pursuant to Section 5.1(d)(i) and Section 11.6 but for distributions made pursuant to Section 5.4(a) above, until the distributions pursuant to this Section 5.4(b) result in the Class C Limited Partner having received the amount such Class C Limited Partner would have received had this Section 5.4 not been in the Agreement; and
(c) thereafter, to the Partners in accordance with Section 11.6.
Minimum Return. Minimum Return" means the amount which, when paid to the Holder and added to prior payments of principal and Fixed Interest made by the Maker under the Note, will cause the Holder to have received on a Prepayment Date or the Maturity Date a yield having an Internal Rate of Return equal to the Minimum IRR Rate effective on such Prepayment Date or the Maturity Date. The Residual Amount payable on a Prepayment Date or on the Maturity Date shall not be used in calculating the Minimum Return.
Minimum Return. Notwithstanding any term of this Agreement to the contrary, the Borrower covenants and agrees to provide the Agent, for the benefit of the Gold Loan Facility Lenders (and any other lender to whom a Gold Loan Facility Lender has participated all or any part of its Individual Commitment in accordance with Section 12.5(b)), with a minimum effective rate of return on the full amount of the Gold Loan Facility Commitment Amount equal to 5% per annum, calculated daily and compounded monthly, provided however that if at any time prior to the Gold Loan Facility Maturity Date there has been a mandatory prepayment made or required pursuant to Section 6.4, the minimum effective rate of return on the full amount of the Gold Loan Facility Commitment Amount shall for all purposes thereafter be equal to 15% per annum, calculated daily and compounded monthly (the “Minimum Rate of Return”). The effective rate of return on the Gold Loan Facility Commitment Amount shall be calculated on the date (the “Rate of Return Calculation Date”) which is the earlier of the Gold Loan Facility Maturity Date and the date of any prepayment of the Gold Loan Facility in whole, and such calculation shall exclude the value of the Gold Loan Facility Shares. If and to the extent that, on the Rate of Return Calculation Date, the effective rate of return earned by the Gold Loan Facility Lenders on the Gold Loan Facility Commitment Amount shall be less than the Minimum Rate of Return, the Borrower shall forthwith pay to the Agent for the benefit of the Gold Loan Facility Lenders an additional amount in Canadian Dollars equal to the difference. For greater certainty, no actual payment made to the Agent for its own benefit or for the benefit of the Lenders hereunder on or in respect of or in connection with the Credit Facilities or the Gold Loan Facility Commitment Amount, whether paid in cash or in kind, shall be included in the calculation of the Minimum Rate of Return. For greater certainty, the Minimum Rate of Return shall only be applicable to and calculated against any amounts not prepaid under the Gold Loan Facility pursuant to Section 6.4 or Section 6.8.
Minimum Return. The principal and all accrued interest under this Note shall be due and payable in full on the Maturity Date. In addition to the value of the shares of Common Stock received as interest, the Holder shall receive a 300% return of the principal amount of this Note on or before the Maturity Date (the “Minimum Guaranteed Return”). If the Holder has not put this Note to the Maker with 10 business days before or after the Maturity Date, the Minimum Guaranteed Return shall be due and payable in full as of the Maturity Date, unless extended, as set forth in the following paragraph. The Minimum Guaranteed Return shall be payable in: (A) cash in the amount of the principal balance owing under this Note; plus (B) shares of (i) Haijie and or WITU if such shares are issued to the Maker or Redwood Capital upon the closing of Haijie’s or WITU’s RTO or (ii) Chinese RTO clients other than Haijie and WITU upon the closing of such client’s RTO public listing transactions. Any such payment in shares shall be valued at the offer price of their RTO financings equal to 200% of the principal amount of this Note, based on the price per share of Haijie or WITU paid by the RTO cash investors in the simultaneous capital raise. In the event that Haijie and WITU do not satisfy the Minimum Guaranteed Return and Redwood obtains additional equity positions in Chinese RTO clients other than Haijie and WITU following the Closing Date and prior to the Maturity Date, Investor agrees to accept such additional equity positions, if any. Such positions will be valued at the offer price of their RTO financings, in partial satisfaction of the Minimum Guaranteed Return requirement, should a shortfall exist, and payable to the Holder in proportion to the total equity holdings of Redwood Capital at the time of repayment.
