Common use of QUALIFIED INVESTMENT Clause in Contracts

QUALIFIED INVESTMENT. 2.3.1 Applicant’s Qualified Investment is described in Schedule 2.3, which is incorporated herein by reference. Property not specifically referenced in Schedule 2.3 and not otherwise meeting the requirements of Chapter 313 and this Agreement shall not be considered to be a Qualified Investment for purposes of this Agreement and will not be subject to this Agreement. 2.3.2 Schedule 2.3 may be amended by adding or removing Qualified Property as allowed by law, which at the time of execution of this Agreement includes: (a) the provisions of Comptroller’s Rule 9.1055; and (b) approval by the District’s Board of Trustees pursuant to §313.027(e) of the Code, which approval shall not be unreasonably withheld by the District. 2.3.3 Property owned by Applicant which is not described in Schedule 2.3 may not be considered to be Qualified Property unless the Applicant (a) submits to the District and the Comptroller a written request to add property to the limitation agreement, which request shall include a specific description of the additional property to which the Applicant requests that the limitation apply; (b) notifies the District and the Comptroller of any other changes to the information that was provided in the Application approved by the District; and (c) provides any additional information reasonably requested by the District or the Comptroller for the purpose of re-evaluating the new or changed conditions. 2.3.4 In the event that Applicant fails to make a Qualified Investment of at least Ten Million Dollars ($10,000,000.00) during the Qualifying Time Period, this Agreement shall become null and void on January 1, 2016.

QUALIFIED INVESTMENT. 2.3.1 Applicant’s Qualified Investment is described in Schedule 2.3, which is incorporated herein by reference. Property not specifically referenced in Schedule 2.3 and not otherwise meeting the requirements of Chapter 313 and this Agreement shall not be considered to be a Qualified Investment for purposes of this Agreement and will not be subject to this Agreement. 2.3.2 Schedule 2.3 may be amended by adding or removing Qualified Property as allowed by law, which at the time of execution of this Agreement includes: (a) the provisions of Comptroller’s Rule 9.1055; and (b) approval by the District’s Board of Trustees pursuant to §313.027(e) of the Code, which approval shall not be unreasonably withheld by the District. 2.3.3 Property owned by Applicant which is not described in Schedule 2.3 may not be considered to be Qualified Property unless the Applicant (a) submits to the District and the Comptroller a written request to add property to the limitation agreement, which request shall include a specific description of the additional property to which the Applicant requests that the limitation apply; (b) notifies the District and the Comptroller of any other changes to the information that was provided in the Application approved by the District; and (c) provides any additional information reasonably requested by the District or the Comptroller for the purpose of re-evaluating the new or changed conditions. 2.3.4 In the event that Applicant fails to make a Qualified Investment of at least Ten Twenty Million Dollars ($10,000,000.0020,000,000.00) during the Qualifying Time Period, this Agreement shall become null and void on January 1, 2016.

QUALIFIED INVESTMENT. 2.3.1 Applicant’s Qualified Investment is described in Schedule 2.3, which is incorporated herein by reference. Property not specifically referenced in Schedule 2.3 and not otherwise meeting the requirements of Chapter 313 and this Agreement shall not be considered to be a Qualified Investment for purposes of this Agreement and will not be subject to this Agreement. 2.3.2 Schedule 2.3 may be amended by adding or removing Qualified Property as allowed by law, which at the time of execution of this Agreement includes: (a) the provisions of Comptroller’s Rule 9.1055; and (b) approval by the District’s Board of Trustees pursuant to §313.027(e) of the Code, which approval shall not be unreasonably withheld by the District. 2.3.3 Property owned by Applicant which is not described in Schedule 2.3 may not be considered to be Qualified Property unless the Applicant (a) submits to the District and the Comptroller a written request to add property to the limitation agreement, which request shall include a specific description of the additional property to which the Applicant requests that the limitation apply; (b) notifies the District and the Comptroller of any other changes to the information that was provided in the Application approved by the District; and (c) provides any additional information reasonably requested by the District or the Comptroller for the purpose of re-evaluating the new or changed conditions. 2.3.4 In the event that Applicant fails to make a Qualified Investment of at least Ten Five Million Dollars ($10,000,000.005,000,000.00) during the Qualifying Time Period, this Agreement shall become null and void on January 1, 2016.