Common use of PE Investments Clause in Contracts

PE Investments. Section 4.02(q) of the Nova II Disclosure Letter sets forth a list of the Equity Interests owned by Nova II or a Nova II Subsidiary in real estate private equity funds that have a net book value of $10 million or more (collectively, the “Nova II PE Investments”). Except as has not resulted in, and would not reasonably be expected to result in, a Nova II Material Adverse Effect, (1) Nova II or a Nova II Subsidiary is the sole owner of the Nova II PE Investments and (2) all of the capital obligations currently due and payable of Nova II and the Nova II Subsidiaries have been fully funded and, to the Knowledge of Nova II, there are no pending capital calls. Section 4.02(q) of the Nova II Disclosure Letter also sets forth a schedule of all remaining capital commitments of Nova II or a Nova II Subsidiary in respect of the Nova II PE Investments. Neither Nova II nor any Nova II Subsidiary has sold, assigned, transferred, encumbered, conveyed or pledged any Nova II PE Investments, or the right to receive payments in respect of such Nova II PE Investments, to any third party. Nova II has made available to each of the Other Parties complete and correct copies of the limited partnership agreements and other documents underlying or otherwise evidencing the Nova II PE Investments (the “Nova II PE Investment Agreements”) that are in Nova II’s possession, custody or control.

PE Investments. Section 4.02(q4.01(q) of the Nova II I Disclosure Letter sets forth a list of the Equity Interests owned by Nova II I or a Nova II I Subsidiary in real estate private equity funds that have a net book value of $10 million or more (collectively, the “Nova II I PE Investments”). Except as has not resulted in, and would not reasonably be expected to result in, a Nova II I Material Adverse Effect, (1) Nova II I or a Nova II I Subsidiary is the sole owner of the Nova II I PE Investments and (2) all of the capital obligations currently due and payable of Nova II I and the Nova II I Subsidiaries have been fully funded and, to the Knowledge of Nova III, there are no pending capital calls. Section 4.02(q4.01(q) of the Nova II I Disclosure Letter also sets forth a schedule of all remaining capital commitments of Nova II I or a Nova II I Subsidiary in respect of the Nova II I PE Investments. Neither Nova II I nor any Nova II I Subsidiary has sold, assigned, transferred, encumbered, conveyed or pledged any Nova II I PE Investments, or the right to receive payments in respect of such Nova II I PE Investments, to any third party. Nova II I has made available to each of the Other Parties complete and correct copies of the limited partnership agreements and other documents underlying or otherwise evidencing the Nova II I PE Investments (the “Nova II I PE Investment Agreements”) that are in Nova III’s possession, custody or control.