Subscription of Capital Increase Sample Clauses

Subscription of Capital Increase. The Investor agrees, on the basis of the representations, warranties and agreements herein contained, to: (i) subscribe, not later than 12:00 p.m. (CEST) on the second (2nd) Business Day immediately preceding the Closing Date, or such other time and date as agreed between the Company and the Investor, for all of the Purchase Shares, at the issue price (Ausgabebetrag) per Purchase Share of CHF 0.02, corresponding to the nominal value for each Purchase Share (such nominal value per Purchase Share, the “Issue Price”), and to deliver or cause to be delivered to the Company the original duly signed corresponding subscription form (Zeichnungsschein) in the form of Exhibit A; and (ii) deposit or cause to be deposited, not later than 1:30 p.m. (CEST) on the second (2nd) Business Day immediately preceding the Closing Date, or such other time and date as agreed between the Company and the Investor: (A) same-day funds for value in the aggregate amount equal to (1) the Issue Price multiplied by (2) the total number of Purchase Shares subscribed for hereunder, corresponding to the aggregate nominal value of all of the Purchase Shares subscribed for hereunder (such aggregate nominal value of all of the Purchase Shares subscribed for hereunder, the “Capital Increase Amount”) with the Capital Increase Bank in the Capital Increase Account (the Company shall, take all actions reasonably necessary to cause the Capital Increase Bank to issue and deliver the original of a written confirmation of deposit of the Capital Increase Amount to the Company (and a copy thereof to the Investor) not later than 6:00 p.m. (CEST) on the second (2nd) Business Day immediately preceding the Closing Date (or such other time and date as agreed between the Company and the Investor)); and (B) same-day funds for value in the aggregate amount equal to (1) the total Purchase Price less (2) the U.S. Dollar equivalent of the total Capital Increase Amount, calculated using the same Exchange Rate used by the Investor to procure such Capital Increase Amount (such aggregate amount, the “Purchase Price Balance”) with the General Account Bank in the General Account.
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Subscription of Capital Increase. On the applicable Purchase Date for a Regular Purchase and/or Additional Purchase, as applicable, the Investor shall subscribe for all of the Purchase Shares relating to such Regular Purchase and/or Additional Purchase, as applicable, at the issue price (Ausgabebetrag) per Purchase Share equal to the Issue Price, and shall deliver or cause to be delivered to the Company an original copy of the corresponding subscription form (Zeichnungsschein) in the form of Exhibit A to the Company, duly executed by the Investor.
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Subscription of Capital Increase. The Representatives, acting in their own name but for the account of all Underwriters, expect, on the basis of the representations, warranties and agreements herein contained, to do as follows: (i) to subscribe, on or by [8:00] a.m. (CEST) on [—], 2014 (the “Capital Increase Date”), or such other date and time as agreed between the Company and Representatives, for all of the Firm Shares at the issue price of CHF [—] per Firm Share corresponding to the par value for each Firm Share and to deliver the corresponding subscription form to the Company in the form of Exhibit D; and (ii) to deposit or cause to be deposited, not later than [8:00] a.m. (CEST) on the Capital Increase Date, or such other date and time as agreed between the Company and Representatives, same-day funds for value in the amount of CHF [—] (the “Capital Increase Amount”) with [—] (the “Capital Increase Bank”), in an account for the capital increase (the “Capital Increase Account”).
Sample 1
Subscription of Capital Increase 
Sample 1

Related to Subscription of Capital Increase

  • Conversion of Capital Stock At the Effective Time, by virtue of the Merger and without any action on the part of Parent, Merger Sub, the Company or the holder of any shares of capital stock of Merger Sub or the Company:

  • Valid Issuance of Capital Stock The total number of shares of all classes of capital stock which the Company has authority to issue is 100,000,000 shares of Common Stock and 1,000,000 shares of preferred stock, $0.0001 par value per share (“Preferred Stock”). As of the date hereof, the Company has issued and outstanding 5,750,000 shares of Common Stock (of which up to 750,000 shares are subject to forfeiture as described in the Registration Statement) and no shares of Preferred Stock. All of the issued shares of capital stock of the Company have been duly authorized, validly issued, and are fully paid and non-assessable.

  • Issuance of Capital Stock Except for (a) any transaction pursuant to an Unsolicited Proposal that Maker accepts in accordance with the fiduciary exception provided in Section 3.2 of the Recapitalization Agreement or (b) shares of capital stock issuable upon exercise or conversion of warrants or convertible securities outstanding prior to February 1, 2004, Maker shall not without Holder's prior written approval: (i) issue any shares of capital stock or other securities, or any instruments exercisable for or convertible into capital stock or other securities, or (ii) make any promises, commitments, undertakings, agreements or letters of intent for any of the issuances described in (i) hereof.

  • Description of Capital Stock The authorized capital stock of the Company conforms as to legal matters to the description thereof contained in the Prospectus.

  • Return of Capital Contribution From time to time the Partnership may have cash in excess of the amount required for the conduct of the affairs of the Partnership, and the General Partner may, with the Consent of the Special Limited Partner, determine that such cash should, in whole or in part, be returned to the Partners, pro rata, in reduction of their Capital Contribution. No such return shall be made unless all liabilities of the Partnership (except those to Partners on account of amounts credited to them pursuant to this Agreement) have been paid or there remain assets of the Partnership sufficient, in the sole discretion of the General Partner, to pay such liabilities.

  • Return of Capital (a) Except pursuant to the Exchange Rights Agreements, no Limited Partner shall be entitled to the withdrawal or return of its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. (b) Except as provided in Articles 5, 6 and 13 hereof, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee, either as to the return of Capital Contributions or as to profits, losses or distributions.

  • Return of Capital Contributions No Partner shall be entitled to withdraw any part of its Capital Contribution or its Capital Account or to receive any distribution from the Partnership, except as specifically provided in this Agreement. Except as otherwise provided herein, there shall be no obligation to return to any Partner or withdrawn Partner any part of such Partner’s Capital Contribution for so long as the Partnership continues in existence.

  • Withdrawal of Capital No Member may withdraw all or any part of its Capital Contribution except with the unanimous consent of the mangers or as provided in Article III (regarding distributions generally) or Article VIII (regarding dissolution of the Company).

  • Withdrawals of Capital No Partner may withdraw capital related to such Partner’s GP-Related Partner Interests from the Partnership except (i) for distributions of cash or other property pursuant to Section 5.8, (ii) as otherwise expressly provided in this Agreement or (iii) as determined by the General Partner.

  • Limitation on Issuance of Capital Stock (a) With respect to Holdings, issue any Equity Interest that is not Qualified Capital Stock. (b) Borrowers will not, and will not permit any Subsidiary, to issue any Equity Interest of any Subsidiary (including by way of sales of treasury stock) or any options or warrants to purchase, or securities convertible into, Equity Interest of any Subsidiary, except (i) for stock splits, stock dividends and additional Equity Interests issuances which do not decrease the percentage ownership of a Borrower or any Subsidiaries in any class of the Equity Interest of such Subsidiary; (ii) Subsidiaries of a Borrower formed after the Closing Date pursuant to Section 6.12 may issue Equity Interests to a Borrower or the Subsidiary of a Borrower which is to own such stock; and (iii) a Borrower may issue common stock that is Qualified Capital Stock to Holdings. All Equity Interests issued in accordance with this Section 6.11(b) shall, to the extent required by this Agreement or the Security Agreement, be delivered to the Administrative Agent for pledge pursuant to the Security Agreement.

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