TOTAL FORMATION TRANSACTION VALUE. The Total Formation Transaction Value shall not be less than $1.0 billion and the amount of cash included in the Total Formation Transaction Value shall not be less than 90% of the difference between (i) the aggregate net proceeds from the IPO (excluding the over-allotment option, if any) and (ii) 100% of the payments for the preferred equity held by The Prudential Insurance Company of North America, Inc. in the DERA Funds. This condition may not be waived by any party. Section 7.03
Appears in 13 contracts
Samples: Agreement and Plan of Merger (Douglas Emmett Inc), Agreement and Plan of Merger (Douglas Emmett Inc), Agreement and Plan of Merger (Douglas Emmett Inc)
TOTAL FORMATION TRANSACTION VALUE. The Total Formation Transaction Value shall not be less than $1.0 billion and the amount of cash included in the Total Formation Transaction Value shall not be less than 90% of the difference between (i) the aggregate net proceeds from the IPO (excluding the over-allotment option, if any) and (ii) 100% of the payments for the preferred equity held by The Prudential Insurance Company of North America, Inc. in the DERA Funds. This condition may not be waived by any party. Section 7.03.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Douglas Emmett Inc), Agreement and Plan of Merger (Douglas Emmett Inc), Agreement and Plan of Merger (Douglas Emmett Inc)
TOTAL FORMATION TRANSACTION VALUE. The Total Formation Transaction Value shall not be less than $1.0 billion and the amount of cash included in the Total Formation Transaction Value shall not be less than 90% of the difference between (i) the aggregate net proceeds from the IPO (excluding the over-allotment option, if any) and (ii) 100% of the payments for the preferred equity held by The Prudential Insurance Company of North America, Inc. America in the DERA Funds. This condition may not be waived by any party. Section 7.03.
Appears in 2 contracts
Samples: Contribution Agreement (Douglas Emmett Inc), Agreement and Plan of Merger (Douglas Emmett Inc)
TOTAL FORMATION TRANSACTION VALUE. The Total Formation Transaction Value shall not be less than $1.0 billion and the amount of cash included in the Total Formation Transaction Value shall not be less than 90% of the difference between (i) the aggregate net proceeds from the IPO (excluding the over-allotment option, if any) and (ii) 100% of the payments for the preferred equity held by The Prudential Insurance Company of North America, Inc. in the DERA Funds. This condition may not be waived by any party. Section 7.032.02
Appears in 1 contract
Samples: HBRCT Op Contribution Agreement (Douglas Emmett Inc)
