This Capital Increase Clause Samples

The 'This Capital Increase' clause defines the specific terms and conditions under which the company will issue additional shares to raise capital. It typically outlines the amount of new capital to be raised, the type and number of shares to be issued, the subscription price, and the timeline for the capital increase. This clause ensures that all parties understand the mechanics and implications of the capital increase, providing transparency and protecting the interests of both existing and new shareholders.
This Capital Increase. 3.1.1 The parties agree that, subject to the fulfilment of terms and conditions of this Agreement and other Capital Increase Transaction Documents, Guohong No.2 shall invest RMB90,000,000 in the Company to subscribe for the newly registered capital of the Company of RMB749,997; Fenzhong Chuangxiang shall invest RMB30,000,000 in the Company to subscribe for the newly registered capital of the Company of RMB249,999. The total newly registered capital of the Company invested by Guohong No.2 and Fenzhong Chuangxiang shall amount to a total of RMB999,996 at the subscription price of RMB120 for each RMB1 of the newly registered capital (hereinafter referred to as “Capital Increase Subscription Price”), and the premium portion of the Proceeds from Capital Increase Subscriptions paid by Guohong No.2 and Fenzhong Chuangxiang shall be included in the capital reserve of the Company.
This Capital Increase. 3.1.1 The parties agree that, subject to the fulfillment of the terms and conditions of this Agreement and other Capital Increase Transaction Documents, Tianhong Lvyan shall invest RMB Fifty-six Million (RMB56,000,000) in the Company to subscribe for the newly registered capital of the Company of RMB Four Hundred Sixty Six Thousand Six Hundred and Sixty-six (RMB466,666); Wentou Huyu shall invest RMB Fourteen Million (RMB14,000,000) in the Company to subscribe for the newly registered capital of the Company of RMB One Hundred and Sixteen Thousand Six Hundred and Sixty-six (RMB116,666). The subscription price for each RMB1 of the newly registered capital shall be RMB One Hundred and Twenty (RMB120) (hereinafter referred to as “Capital Increase Subscription Price”) and the premium portion of the Proceeds from Capital Increase Subscriptions paid by Tianhong Lvyan and Wentou Huyu shall be included in the capital reserve of the Company.
This Capital Increase. 1.1 Subject to all the conditions precedent set out in Article 3 hereof (hereinafter referred to as the “Closing Conditions”) being fulfilled or waived, the Company shall increase its registered capital from CNY 31,826,676 to CNY 35,680,583, of which, CNY 1,331,048 shall be subscribed by the Fund in accordance with Article 2.1 hereof (hereinafter referred to as the “capital increase by the Fund”), CNY 1,064,838 shall be subscribed by Cheetah Technology in accordance with Article 2.1 hereof (hereinafter referred to as the “capital increase by Cheetah Technology”), and CNY 1,458,021 shall be subscribed by Kingsoft Security in accordance with Article 2.2 hereof (hereinafter referred to as the “capital increase by Kingsoft Security”, and, together with capital increase by the Fund and capital increase by Cheetah Technology, “this capital increase”). 1.2 The Parties acknowledge that in respect of the capital increase by the Fund and capital increase by Cheetah Technology, this capital increase is conducted based on the Company’s pre-investment valuation of USD 500 million, with per share of registered capital corresponding to USD 15.71 (equivalent to CNY 112.69); and in respect of the capital increase by Kingsoft Security, the conversion rate is that per share of registered capital corresponds to CNY 81.46, as agreed in the Loan Agreement. Upon completion of this capital increase, the Company’s registered capital shall be CNY 35,680,583. The capital contribution by each shareholder of the Company and the proportion of equity held in the Company are as follows: Shareholder Name Subscribed Capital ContributionUnit: CNY Paid-in CapitalUnit: CNY Proportion of Equity Beijing Kingsoft Internet Security Software Co., Ltd. 22,765,315 22,765,315 63.8031% Cheetah Technology Corporation Limited 2,961,384 2,961,384 8.2997% Beijing Orion Growth Technology Center (Limited Partnership) 7,810,231 2,000,000 21.8893% ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Venture Capital Center (Limited Partnership) 152,363 152,363 0.4270% ▇▇▇▇ ▇▇▇▇▇▇ 660,242 660,242 1.8504% Gongqingcheng Orion Industrial Investment Center (Limited Partnership) 1,331,048 1,331,048 3.7305%
This Capital Increase. 1.1 All parties agree that pre-investment valuation of Party B’s company is RMB 500 million, and the investment amount of this investment is RMB 100 million (hereinafter referred to as “investment fund”). After the completion of this investment, Party A holds 20% equity of Party B. 1.2 The parties agree that the purpose of the investment fund referred to in Article 1.1 is: Party B’s capital needs in the process of restructuring, including the transfer consideration for the proposed listed company’s acquisition of Jiangxi Yibo Electronic Technology Co., Ltd.. Party B agrees that Party B shall not use the investment funds for external guarantee and debt repayment before this listing.
This Capital Increase. 1.1 The pre-investment valuation of the target company for this investment is RMB 300 million, and its registered capital will be increased from RMB 50 million to RMB 51.1 million, with an additional registered capital of RMB 1.1 million (hereinafter referred to as "new capital contribution"). The subscriber contributed RMB 6.6 million (hereinafter referred to as the "investment fund") to subscribe for the above-mentioned new capital contribution, of which RMB 1.1 million was included in the registered capital of the target company, and the premium amount of RMB 5.5 million was included in the capital surplus of the target company. 1.2 After the completion of this capital increase, the shareholding ratio of the subscriber in the target company is 2.15%.

Related to This Capital Increase

  • Commitment Increase The Borrower may, by giving at least 15 Business Days’ notice to the Administrative Agent, propose that the Aggregate Facility Amount be increased (each such proposed increase being a “Commitment Increase”), through an increase of the Commitment of one or more existing Lenders (each an “Increasing Lender”) and/or the addition of one or more Persons (who must be Eligible Assignees) as assuming Lenders (each an “Assuming Lender”), as the Borrower may determine, all effective as of a date (the “Commitment Increase Date”) that shall be specified in such notice and that shall be prior to the Commitment Termination Date; provided the following limitations shall apply: (A) the Borrower may not propose more than two Commitment Increases during any calendar quarter, (B) the proposed Commitment Increase in respect of the Commitment of any Increasing Lender or any Assuming Lender shall for each Commitment Increase Date be no less than $100,000,000, (C) the Aggregate Facility Amount may not in any event at any time exceed $2,000,000,000, (D) no Default or Event of Default shall have occurred and be continuing on the relevant Commitment Increase Date or shall result from the proposed Commitment Increase, and (E) the representations and warranties in Article V shall be true in all material respects on and as of the Commitment Increase Date as if made on and as of such date. The Administrative Agent shall notify the Lenders of a proposed Commitment Increase promptly upon its receipt of notice from the Borrower with respect thereto. Each Lender will consider in good faith any such proposed Commitment Increase, provided that it shall be in each Lender’s sole discretion whether to agree to increase its Commitment hereunder in connection therewith. No later than 10 Business Days after its receipt of the Borrower’s notice proposing a Commitment Increase, each Lender that is willing to increase its Commitment hereunder shall deliver to the Administrative Agent a notice in which such Lender shall set forth the maximum increase in its Commitment to which such Lender is willing to agree (any Lender not responding by such time to be deemed not to have agreed to such increase in its Commitment), and the Administrative Agent shall promptly provide to the Borrower a copy of such Increasing Lender’s notice. The Administrative Agent shall cooperate with the Borrower in discussions with the Lenders and Eligible Assignees with a view to arranging any proposed Commitment Increase through the increase of the Commitments of one or more of the Lenders and/or the addition of one or more Eligible Assignees as Assuming Lenders and the Administrative Agent shall use its reasonable efforts to secure any such proposed Commitment Increase (provided that any such addition of an Eligible Assignee as an Assuming Lender shall be subject to the consent of the Administrative Agent and the Issuing Lender, which consent shall not be unreasonably withheld or delayed); provided, that any allocations of any increase of Commitments hereunder (including any allocation as between Increasing Lenders and Assuming Lenders) shall be determined by the Borrower in its sole discretion.

  • Investment Commitment The undersigned's overall commitment to investments which are not readily marketable is not disproportionate to the undersigned's net worth, and an investment in the Shares will not cause such overall commitment to become excessive.

  • Commitment Increases (a) In the event that the Company wishes to increase the aggregate Commitments, it shall notify the Lenders (through the Managing Administrative Agent) of the amount of such proposed increase (such notice, a “Commitment Increase Offer”). Each Commitment Increase Offer shall offer the Lenders the opportunity to participate in the increased Commitments ratably in accordance with their respective Commitment Percentages. In the event that any Lender (each, a “Declining Lender”) shall fail to accept in writing a Commitment Increase Offer within 10 Business Days after receiving notice thereof, all or any portion of the proposed increase in the Commitments offered to the Declining Lenders (the aggregate of such offered amounts, the “Declined Amount”) may instead be allocated to any one or more additional banks, financial institutions or other entities pursuant to paragraph (b) below and/or to any one or more existing Lenders pursuant to paragraph (c)(ii) below. (b) Any additional bank, financial institution or other entity (each, a “New Lender”) which, with the consent of the Company and the Managing Administrative Agent, elects to become a party to this Agreement and obtain a Commitment in an amount equal to all or any portion of a Declined Amount, shall execute a New Lender Supplement (each, a “New Lender Supplement”) with the Company and the Managing Administrative Agent, substantially in the form of Exhibit J-1, whereupon such New Lender shall become a Lender for all purposes and to the same extent as if originally a party hereto and shall be bound by and entitled to the benefits of this Agreement, and Schedule 1.2 shall be deemed to be amended to add the name and Commitment of such New Lender. (c) Any Lender which (i) accepts a Commitment Increase Offer pursuant to subsection 2.18(a) or (ii) with the consent of the Company elects to increase its Commitment by an amount equal to all or any portion of a Declined Amount shall, in each case, execute a Commitment Increase Supplement (each, a “Commitment Increase Supplement”) with the Company and the Managing Administrative Agent, substantially in the form of Exhibit J-2, whereupon such Lender shall be bound by and entitled to the benefits of this Agreement with respect to the full amount of its Commitment as so increased, and Schedule 1.2 shall be deemed to be amended to so increase the Commitment of such Lender. (d) If on the date upon which a bank, financial institution or other entity becomes a New Lender pursuant to subsection 2.18(b) or upon which a Lender’s Commitment is increased pursuant to subsection 2.18

  • Annual Increases On each anniversary of Employee's termination from employment, any remaining amounts to be paid during the next year pursuant to this Paragraph 9 shall be increased to an amount equal to one hundred ten percent (110%) of the amounts required to be paid by Employer hereunder under the provisions of this Paragraph 9 during the preceding year.

  • Equity Commitment (a) This letter agreement confirms the commitment of each Sponsor, severally and not jointly, subject to the terms and conditions set forth herein, simultaneous with the closing of the Merger (the “Closing”), to purchase, or to cause the purchase of, at or immediately prior to the Effective Time, equity interests of Parent (or one or more affiliates of Parent organized to consummate the Merger) at a purchase price equal to the Per Share Merger Consideration and to pay, or cause to be paid, to Parent in immediately available funds at or prior to the Closing an aggregate cash purchase price for such purchase equal to the amount set forth opposite such Sponsor’s name on Schedule A hereto (such amount with respect to each Sponsor, subject to adjustment pursuant to Section 1(b) below, is referred to as such Sponsor’s “Equity Commitment”), which will be used by Parent solely for the purpose of funding the aggregate Merger consideration required to be paid by Parent to consummate the Merger, and all other amounts constituting the Exchange Fund pursuant to, and in accordance with, the Merger Agreement, together with related fees and expenses; provided that (i) no Sponsor shall, under any circumstances, be obligated to contribute more than its Equity Commitment to Parent, and the Sponsors, collectively, shall not, under any circumstances, be obligated to contribute more than US$79,500,000 (the “Aggregate Commitment”) to Parent; and (ii) the liability of each Sponsor hereunder shall not exceed its Equity Commitment, and the liability of the Sponsors, collectively, shall not exceed the Aggregate Commitment. (b) Each Sponsor may effect the funding of its Equity Commitment directly or indirectly through one or more Affiliates of such Sponsor or any other investment fund advised, managed and/or appointed by an Affiliate of such Sponsor or any other private equity fund who is a limited partner of such Sponsor or of an Affiliate of such Sponsor. No Sponsor will be under any obligation under any circumstances to contribute more than the amount of its Equity Commitment to Parent, Merger Sub or any other Person. In the event Parent does not require an amount equal to the Aggregate Commitment in order to consummate the Merger, the amount of each Sponsor’s Equity Commitment to be funded under this letter agreement shall be reduced by Parent on a pro rata basis, to the level sufficient for, in combination with any other financing arrangements that may be contemplated by the Merger Agreement, Parent and Merger Sub to consummate the transactions contemplated by the Merger Agreement and pay all related fees and expenses incurred or required to be paid by Parent or Merger Sub under the Merger Agreement.