Reinvestment Right. Any at time during the 12-month period beginning on the earlier of (a) the date of the first redemption under the Note; or (b) the 12-month anniversary of the Closing Date, Investor will have the right, but not the obligation, in its sole and absolute discretion, to reinvest up to an additional $5,000,000.00 in Company in one or more notes on the same terms and conditions as the Note.
Reinvestment Right. At any time during the period beginning on the Closing Date and ending 24 months later, Investor will have the right, but not the obligation, with Company’s prior written consent, to reinvest up to an additional $10,000,000.00 in Company on the same terms and conditions as the Notes (structured as two (2) tranches of $5,000,000.00 each).
Reinvestment Right. (a) In the event AT&T redeems the New Tracking Stock under the circumstances referred to in Section 5(a) or 5(b) of the Certificate of Amendment (a "Permitted Redemption"), and within one year of such Permitted Redemption AT&T completes a spin-off to its shareholders, by way of dividend distribution or similar pro rata distribution to the holders of common stock of AT&T, of all or substantially all of the businesses that currently constitute the businesses of the Wireless Group (a "Post-Redemption Spin-off"), then DoCoMo shall have the right to invest in and acquire, and AT&T shall provide DoCoMo with such right to invest in and acquire shares of such spun-off entity ("SpinCo"), as follows:
(i) If AT&T intends to effect a Post-Redemption Spin-off within one year of a Permitted Redemption, it shall provide DoCoMo with not less than 90 days' notice of the earliest expected date for consummation of such Post-Redemption Spin-off.
(ii) If DoCoMo desires to exercise its rights under this Section 4.5(a), then not later than 90 days prior to the earliest expected date for consummation of the Post-Redemption Spin-off as set forth in such notice (or, if AT&T has not provided at least 120 days' advance notice of the earliest expected consummation date, within 30 days of receipt by DoCoMo of notice from AT&T of the earliest expected consummation date), DoCoMo shall deliver to AT&T a notice stating that DoCoMo desires to exercise its rights under this Section 4.5(a). DoCoMo may withdraw such notice of exercise only if the actual consummation is delayed more than 120 days beyond the earliest expected consummation date set forth in the notice referred to in clause (i).
(iii) Unless DoCoMo's notice of exercise has been withdrawn in accordance with clause (ii), concurrently with (or, at AT&T's election, immediately prior to) the consummation of the Post-Redemption Spin-off, (A) DoCoMo shall purchase a number of shares of common stock of SpinCo (the "Acquired SpinCo Shares") equal to (1) the Economic Interest Percentage that would be represented as of immediately prior to the Permitted Redemption solely by the shares of New Tracking Stock redeemed in such Permitted Redemption multiplied by (2) the number of shares of SpinCo common stock that would be outstanding on a Fully Diluted Basis immediately after the Post-Redemption Spin-off and after giving effect to the issuance of the Acquired SpinCo Shares, (B) the aggregate purchase price for such Acquired SpinCo Shares shall b...
Reinvestment Right. Any at time during the 12-month period beginning on the earlier of (a) the date of the first redemption under the Note; or (b) the 12-month anniversary of the Closing Date, Investor will have the right, at its sole election, to reinvest up to an additional $5,000,000.00 (the “Reinvestment Amount”) on the same terms and conditions and using the same forms as this Note and the other Transaction Documents (the “Reinvestment Right”). Investor may exercise the Reinvestment Right by reinvesting up to the Reinvestment Amount in increments of $250,000.00 each (such that each reinvestment transaction is a multiple of $250,000.00) in one (1) transaction or multiple transactions.
Reinvestment Right. (a) During the three-year (3) period following the Closing Date (the "Reinvestment Period"), the Shareholder shall have the right (the "Reinvestment Right") to invest no less than ONE MILLION DOLLARS ($1,000,000) and no more than TWO MILLION TWENTY-FIVE THOUSAND DOLLARS ($2,025,000) in DFG in return for Interests. The Shareholder shall have one opportunity to exercise the Reinvestment Right.
(b) Except for any proposed adjustments which may be required to reflect the effect of an interest split, dividend or other adjustment to the capital structure of the Purchaser, upon the price per Interest set forth below, the number of Interests the Shareholder will receive for his investment under Section 5.14 hereof shall be equal to the amount of the investment divided by a price per Interest equal to:
(i) for the first year after the Closing Date, Forty Seven Dollars ($47) per Interest subject to adjustment for any Interest splits, dividends or any similar changes; and
(ii) after the first anniversary of the Closing Date, the greater of: (A) Forty Seven Dollars ($47) per Interest subject to adjustment for any Interest splits, dividends or any similar changes; or (B) the Fair Market Value per Interest.
(c) For purposes of this Section 5.14, Fair Market Value shall mean either the price agreed to by the Shareholder and DFG or if no agreement can be reached, the Appraised Value.
(d) The Shareholder can exercise the Reinvestment Right by giving written notice to DFG on or before the end of the Reinvestment Period. Within ten (10) days of receipt of such written notice, DFG shall provide the Shareholder with its most recent audited and unaudited financial statements and other information which DFG believes is appropriate for determining the Fair Market Value for its Interests. Within twenty (20) days after DFG provides such information, the Shareholder shall provide written notice of whether it intends to exercise the Reinvestment Right and the dollar amount of the Shareholder's investment. Within ten (10) days of receipt of such written notice from the Shareholders, DFG shall provide written notice to the Shareholder of its determination as to the Fair Market Value per Interest and within ten (10) days thereafter, the Shareholder can either in writing to DFG agree to such price or indicate in writing to DFG that it wishes to use the Appraised Value as Fair Market Value.
(e) The Shareholder shall make this investment on a date agreed to by the Shareholder and DFG, and ...
Reinvestment Right. 30 Section 4.6
Reinvestment Right. Subject to the terms and conditions set forth in this Section 10.17, the Class A Representative Member shall have the right (but not the obligation) (a “Reinvestment Right”) to cause the Principal Member to sell to each Eligible Reinvestment Participant that number of Class B Units set forth in the Reinvestment Notice (each such Class B Unit, a “Reinvestment Unit”) at a price per Reinvestment Unit equal to the Closing Per Unit Value. The Class A Representative Member may exercise Reinvestment Rights by delivering written notice (the “Reinvestment Notice”) any time between the Effective Date and January 31, 2023 (the “Reinvestment Period”) to the Principal Member that sets forth (i) the name of each Eligible Reinvestment Participant, (ii) the number of Class B Units to be acquired by such Eligible Reinvestment Participant and (iii) the purchase price to be paid by such Eligible Reinvestment Participant to the Principal Member. The Class A Representative Member shall only deliver one Reinvestment Notice, but, from and after the Effective Date until the earlier of the delivery of the Reinvestment Notice or January 31, 2023, the Class A Representative Member shall keep the Principal Member reasonably updated about the interest of potential Eligible Reinvestment Participants to purchase Reinvestment Units and Eligible Reinvestment Participants that have committed to purchase Reinvestment Units. Upon the proper delivery of the Reinvestment Notice, subject to the terms of this Section 10.17 and the terms of the Reinvestment Agreement to be entered with the Eligible Reinvestment Participants, the Principal Member shall be obligated to sell to each Eligible Reinvestment Participant the Reinvestment Units set forth across such Eligible Reinvestment Participant’s name on the Reinvestment Notice, free and clear of any Liens.
Reinvestment Right. Notwithstanding anything in this Agreement to the contrary, in the case of any event described in Section 2.14(a) or Section 2.14(b), if Borrower shall, prior to the date of the required prepayment, deliver to Administrative Agent a certificate of an Authorized Officer to the effect that Borrower intends to cause the Net Asset Sale Proceeds or the Net Insurance/Condemnation Proceeds, as the case may be, from such event (or a portion thereof specified in such certificate) to be applied within 365 days after receipt of such proceeds to acquire, maintain, develop, construct, improve or upgrade any real property, equipment or other tangible assets used or useful in the business of Holdings or any of its Subsidiaries (including any capital expenditure in respect of any such assets), or to consummate any Permitted M&A Transaction or any other Investment not prohibited by the terms of this Agreement, or to repay or prepay any Non-Recourse Project Indebtedness, and certifying that no Default has occurred and is continuing, then no prepayment shall be required pursuant to such Section in respect of such proceeds (or the portion of such proceeds specified in such certificate, if applicable) except to the extent of any such proceeds that have not been so applied by the end of such 365-day period (or within a period of 180 days thereafter if by the end of such initial 365-day period Holdings or one or more Subsidiaries shall have entered into a binding agreement with a third party to acquire, maintain, develop, construct, improve or upgrade such real property, equipment or other tangible assets, or to consummate such Permitted M&A Transaction or other permitted Investment, or to repay or prepay such Non-Recourse Project Indebtedness, with such proceeds), at which time a prepayment shall be required in an amount equal to such proceeds that have not been so applied.
Reinvestment Right. Any at time during the 12-month period beginning on the earlier of (a) the date of the first redemption under the Note; or (b) the 12-month anniversary of the Closing Date, Investor will have the right, with Company’s consent, to reinvest funds (each such advance, a “Reinvestment Amount”) up to an additional $5,000,000.00 (the “Maximum Reinvestment Amount”) on the same terms and conditions and using the same forms as this Agreement, the Note, and the other Transaction Documents (the “Reinvestment Right”). Investor, with Company’s consent, may exercise the Reinvestment Right by reinvesting up to the Maximum Reinvestment Amount in increments of $250,000.00 each (such that each reinvestment transaction is a multiple of $250,000.00) in one (1) transaction or multiple transactions.
Reinvestment Right. Both Parties hereto each agree and acknowledge that Investor should reserve the right to make reinvestment at his own option.
