Other Investments. Other than equity securities held in the ordinary course of business for cash management purposes, the Company does not own or hold the right to acquire any equity securities, ownership interests or voting interests (including voting debt) of, or securities exchangeable or exercisable therefor, or investments in, any other Person.
Other Investments. If an Investment is not described above, the fair market value may be established through a competitive bidding process, as follows:
Other Investments. Other investments allowed by law, offered by the Sponsor and which the Custodian has agreed in writing with the Sponsor to hold in the Custodial Account. (Fund Shares and such other investments are referred to collectively as "Investments"). A receipt for each contribution received and showing the investment thereof and current status of the Custodial Account with respect to each Participant shall be prepared by the Custodian and delivered to the Employer. All dividends and capital gain distributions received on the Fund Shares held by the Custodian in Custodial Account shall be reinvested in accordance with the respective Fund's current prospectus in such shares and credited to such Account. The Custodian shall furnish the Employer with a statement of the Custodial Account with respect to each Participant (including a statement as to each Participant's account) no less frequently than once a calendar year which shall be deemed to be the sole accounting by the Custodian necessary under this Agreement. If the Custodian does not receive a written objection to such accounting from the Employer within one hundred eighty (180) days after the date the accounting is sent by the Custodian, the Custodian shall be relieved from all liabilities and responsibilities that may arise in connection with any matters covered by the accounting.
Other Investments. The Company acknowledges that the Investor may be in the business of venture capital investing and therefore, may review the business plans and related proprietary information of many enterprises, including enterprises which may have products or services which compete directly or indirectly with those of the Company. Nothing in this Agreement shall preclude or in any way restrict the Investor from investing or participating in any particular enterprise whether or not such enterprise has products or services which compete with those of the Company.
Other Investments. The per share purchase price of the shares of Common Stock and/or Preferred Stock purchased under each Other Investment Agreement is not less than the per share purchase price of the shares of Common Stock and Preferred Stock issued pursuant to the Investment. Except as expressly set forth in the Other Investment Agreements executed as of the date of this Agreement and that has been delivered to Purchaser concurrently with the execution of this Agreement, each Other Investment Agreement does not include provisions that are more favorable to the purchaser party thereto compared to the rights, benefits and obligations of Purchaser under this Agreement (it being understood that each Other Investment Agreement may differ with respect to (i) such other purchaser’s governance rights with respect to the Company, (ii) any provision necessary or advisable to consummate the transactions contemplated thereby arising out of or related to the identity of the other purchaser, including regulatory requirements related to manner of settlement for regulated funds or advisers, (iii) any rights with respect to confidentiality obligations, information rights and public announcements and (iv) the Common Stock issuable at the Closing pursuant to the Other Investment Agreement entered into with Liberty Strategic Capital (CEN) Holdings, LLC). Except as set forth in the preceding sentence with the respect to the provisions of any Other Investment Agreement, neither the Company nor any of its Subsidiaries has entered into any (or modified any existing) contract, agreement, arrangement or understanding with any purchaser party to the Other Investment Agreements (or any affiliate thereof) that has the effect of establishing rights or otherwise benefiting such other purchaser in a manner more favorable to such purchaser than the rights, benefits and obligations of Purchaser in this Agreement. Each Other Permanent Warrant (A) includes or will include (as applicable) the same exercise price and (B) does not or will not (as applicable) include provisions that are more favorable in any material respect to the holder thereof compared to the rights, benefits and obligations of Purchaser under the Permanent Warrant.
Other Investments. (i) Neither the Investor nor any of its Affiliates Engages in a Competing Business.
Other Investments. 1. Horizon Global Americas Inc.’s loan to Cequent UK Limited in connection with the purchase by Cequent UK Limited from Cequent Performance Products, Inc. of machinery, equipment and inventory to be located in the Juarez, Mexico facility; the aggregate amount of loans described in this clause (B)(1) and clause (B)(2) below do not exceed $5.0 million.
Other Investments. Any investments by the Company or the Operating Partnership in (i) debt and equity interests that are unrelated to real estate, including (a) securities such as common stocks, preferred stocks and options to acquire stock and (b) debt and derivative securities; and (ii) transactions designed to limit the Company’s or the Operating Partnership’s exposure to market volatility, illiquidity, interest rate or other risk related to the Company’s or the Operating Partnership’s real-estate related, equity or debt securities.
Other Investments. Notwithstanding anything contained herein to the contrary, Executive is not prohibited by this Section 8 from making investments, (i) expressly disclosed to the Employer and to the CEO in writing before the date hereof; (ii) solely for investment purposes and without participating in the business in which the investments are made, in any entity that engages, directly or indirectly, in the acquisition, development, construction, operation, management, financing or leasing of office real estate properties, regardless of where they are located, if (x) Executive’s aggregate investment in each such entity constitutes less than one percent of the equity ownership of such entity, (y) the investment in the entity is in securities traded on any national securities exchange or the National Association of Securities Dealers, Inc. Automated Quotation System, and (z) Executive is not a controlling person of, or a member of a group which controls, such entity; or (iii) if (A) except with the prior written consent of the Employer and the CEO, he has less than a 25% interest in the investment in question, (B) except with the prior written consent of the Employer and the CEO, he does not have the role of a general partner or managing member, or any similar role, (C) the investment is not an appropriate investment opportunity for the Employer, and (D) the investment activity is not directly competitive with the businesses of the Employer.
Other Investments. At the specific request of the Fund, the Custodian may note on its records Investments owned by the Fund that are not represented by physical securities or by book-entry, including without limitation Derivative Instruments and Commodities. The Fund acknowledges that such notation is for recordkeeping purposes only, that the Custodian may not be able to exercise control over such Investments and that such Investments may represent contractual rights of the Fund which the Custodian cannot enforce. The Fund shall be responsible for requesting that any statements applicable to such Investments, including brokerage statements, be sent to the Custodian.
