Subsequent Subscriptions. The Subscriber acknowledges and agrees that these representations, warranties, acknowledgments and covenants given by the Subscriber to and in favour of a Fund and the Manager shall be deemed to be repeated and reconfirmed as at the date of any subsequent subscription for Units made by the Subscriber (a “top-up”) or reinvestment of distributions made by a Fund unless a new subscription agreement is executed.
Subsequent Subscriptions. Subject to Section 2.3, on the date that is 90 calendar days after the Initial Closing Date, and every 90 calendar days thereafter (each such date (or such other date as may be agreed by the Parties), a “Subsequent Closing Date” and together with the Initial Closing Date, the “Closing Dates”) until the earliest of (i) a total of 18,000 Preferred Shares having been issued by the Company and purchased by the Purchaser under this Agreement, (ii) the Merger Agreement Closing having occurred and (iii) a Regulatory Failure Merger Agreement Termination Event (as such term is defined in the Certificate of Designation) or an Other Merger Agreement Termination Event (as such term is defined in the Certificate of Designation) having occurred, the Company agrees to issue a further 1,800 Preferred Shares to the Purchaser at a price per Preferred Share equal to the Preferred Share Issue Price, and the Purchaser agrees to subscribe and pay for each of such further 1,800 Preferred Shares, at a price per Preferred Share equal to the Preferred Share Issue Price, on each such Subsequent Closing Date. On each Subsequent Closing Date, the Preferred Shares purchased by the Purchaser on such Subsequent Closing Date shall be (x) registered in the name of the Purchaser on the books of the Company (reflecting that the Purchaser is the original subscriber for the Preferred Shares and received the Preferred Shares upon original issuance) and (y) delivered or caused to be delivered to the Purchaser in the form of one or more stock certificates representing the Preferred Shares.
Subsequent Subscriptions. The Subscriber acknowledges and agrees that these representations, warranties, certifications, acknowledgments and covenants contained in this Subscription Agreement and given by the Subscriber to and in favour of a Fund and the Manager shall survive the completion of the purchase and sale of the Units and any subsequent purchases of Units by the Subscriber are deemed to be repeated and reconfirmed as at the date of any subsequent subscription for Units made by the Subscriber (a “top-up”) or reinvestment of distributions made by a Fund, unless a new subscription agreement is executed at the time of the subsequent purchase.
Subsequent Subscriptions. If Subscriber subscribes for additional Shares at a later date, Subscriber shall be deemed to have re-executed the Agreement in subscribing for those Shares. Subscriber agrees that any representation made hereunder will be deemed to be reaffirmed by it at any time it subscribes for additional Shares and the act of subscribing will be evidence of that reaffirmation.
Subsequent Subscriptions. After expiration of the Subscription Period, DHI agrees to sell Program Shares to Participants for a purchase price, payable in cash in U.S. dollars, equal to the Resale Price (as defined in Section 4 hereof) per share; provided, however, that (a) each Participant may subscribe for up to 126,958 Program Shares and Phantom Program Shares in the aggregate; (b) such subscriptions for Program Shares may be made by submission to FSA of a duly completed Subscription Application, substantially in the form of Exhibit B hereto, prior to the end of a calendar quarter, with the Resale Price determined as of the close of such calendar quarter; (c) FSA shall notify each subscribing Participant of the Resale Price (the “Resale Price Notification”) within 45 days after the end of the calendar quarter in which the Participant made his or her subscription; (d) Program Shares shall be delivered to Participants against receipt of payment; and (e) if payment for any Program Shares is not received by DHI within 5 business days after receipt by the Participant of the Resale Price Notification, then the related subscription shall be null and void.
Subsequent Subscriptions. After expiration of the Subscription Period, DHI agrees to sell Program Shares to Participants for a purchase price, payable in cash in U.S. dollars, equal to the Resale Price (as defined in Section 4 hereof) per share; provided, however, that (a) each Participant may subscribe for up to 131,578 Program Shares and Phantom Program Shares in the aggregate; (b) such subscriptions for Program Shares may be made by submission to FSA of a duly completed Subscription Application,
Subsequent Subscriptions. (a) After the Initial Capital Deployment Threshold is achieved, the General Partner in its discretion from time to time may cause the Partnership to issue Limited Partner Interests in exchange for Commitments as provided in this Section 4.3 (“Subsequent Subscriptions”), whether to existing Limited Partners or new investors, and the Persons so issued such Limited Partner Interests shall be deemed admitted as Limited Partners with respect thereto without any further act, vote, or approval of any Person, including any Limited Partner. Subject to the foregoing, issuances of Limited Partner Interests pursuant to Subsequent Subscriptions shall be made under such procedures as are established from time to time by the General Partner, provided that such procedures may not change the terms of this Agreement applied to a Limited Partner Interest acquired through an Initial Subscription or an earlier Subsequent Subscription without the affected Limited Partner’s consent or through an amendment of this Agreement pursuant to Section 12.6.
(b) Except as hereinafter provided in this Section 4.3(b), from time to time the General Partner may make Commitment Calls under Subsequent Subscription Commitments. The General Partner will make Commitment Calls under Subsequent Subscription Commitments in chronological order based on the calendar quarter in which the Subsequent Subscription Commitment was accepted, with Commitment Calls made with respect to Subsequent Subscription Commitments accepted during the same calendar quarter made pro rata on the basis that the amount under each such Subsequent Subscription Commitment that remains subject to call bears to the sum of the amounts under all such Subsequent Subscription Commitments that remain subject to call, subject to the provisions of this Article 4 with respect to a defaulting Limited Partner. Provided, however, that the General Partner will not make Commitment Calls under Subsequent Subscription Commitments so long as cash is available to be called under Initial Subscription Commitments for the intended purpose taking into account the Initial Investment Period Call Limitation. Limited Partners making Capital Contributions pursuant to Subsequent Subscription Commitments shall be issued Units as provided in Section 4.5.
Subsequent Subscriptions. Section 4.3 is amended to read: “Section 4.3
Subsequent Subscriptions. After the Initial Subscription Period, the General Partner in its discretion from time to time may cause the Partnership to issue Limited Partner Interests in exchange for Commitments as provided in this Section 4.3 (“Subsequent Subscriptions”), whether to existing Limited Partners or new investors, and the Persons so issued such Limited Partner Interests shall be deemed admitted as Limited Partners with respect thereto without any further act, vote, or approval of any Person, including any Limited Partner. Subject to the foregoing, issuances of Limited Partner Interests pursuant to Subsequent Subscriptions shall be made under such procedures as are established from time to time by the General Partner, provided that such procedures may not change the terms of this Agreement applied to a Limited Partner Interest acquired through an Initial Subscription or an earlier Subsequent Subscription without the affected Limited Partner’s consent or through an amendment of this Agreement pursuant to Section 12.6.
Subsequent Subscriptions. After the required minimum subscription amount has been accepted by the Manager and invested in Units of the Fund, additional investments may be made by the Subscriber subject to the consent of the Manager. The Subscriber represents, warrants and covenants to the Manager and the Fund that: (i) the representations and warranties contained in this Subscription Application will be true and correct on the date on which any additional Units are purchased by the Subscriber as if such representations and warranties were made on the date of such additional investment; (ii) that either the aggregate acquisition cost or the net asset value of the Class of Units held by the investor on the date of purchase of additional Units is not less than the minimum amount required by applicable securities laws and (iii) if requested by the Manager, a Subscriber who originally invested as an “accredited investor” will agree to execute an additional Accredited Investor Questionnaire prior to the Manager accepting any additional investment from such Subscriber.
