Subsequent Commitments. The parties undertake to sign and exchange all acts and documents and to comply with all acts and to communicate everything necessary in order to assure the achievement of the objectives of this contract.
Subsequent Commitments. The Company may, in its sole discretion, permit one or more investors to make additional Capital Commitments (“Subsequent Commitments”) after accepting an initial Capital Commitment from such Subscriber. New investors that make a Subsequent Commitment, or existing Stockholders that increase their Capital Commitment prior to the time at which the Company’s share repurchase program commences (each, an “Additional Stockholder”) will be required to make subsequent purchases of Shares (each, a “Catch-up Purchase”) on a date (or dates) (each such date, the “Catch-up Date”) to be determined by the Company. The aggregate amount of the Catch-up Purchase (the “Catch-up Purchase Amount”) will be equal to an amount necessary to ensure that, upon payment of the Catch-up Purchase Amount, such Additional Stockholder will have contributed the same percentage of its Capital Commitment to the Company as all Stockholders whose subscriptions were previously accepted. Catch-up Purchases will be made at a per share price equal to the net asset value per Share as of the close of the last calendar quarter preceding the date of the Catch-up Purchase, subject to adjustments as set forth below and further adjusted to appropriately reflect such Additional Stockholder’s pro rata portion of the Company’s initial organizational expenses, if applicable.
Subsequent Commitments. If at the end of the five (5) year period provided for in Sections A and B above the Merged Company’s departures remain at seventy-five (75) percent or more of the Base Departures Commitment, the Merged Company and the Attorney General, in consultation with City of Cleveland and CLE, shall engage in good faith discussions regarding the Merged Company’s continuing service at CLE, at the level of departures achieved in the fifth year.
