Trigger for Return of Investment Amount Sample Clauses

Trigger for Return of Investment Amount. If by July 28, 2010, the Company has failed to obtain executed Subscription Agreements with an aggregate Investment Amount of at least $750,000, then the Company shall instruct the Escrow Agent to return to the Subscriber an amount equal to the Subscriber’s Investment Amount to the Subscriber pursuant to the terms set forth in the Escrow Agreement. In the event that the Company has provided Closing Notice to the Subscriber and is nonetheless obligated to return funds to Subscriber pursuant to this Section 2(e), the Subscriber shall be deemed to have authorized the Company to take all steps necessary to terminate Subscriber’s Units in the Company and Subscriber shall execute any documents provided by the Company to effect such termination. If the Company does not accept the subscription of the Subscriber within 45 days after Subscriber’s Payment, Subscriber may, at Subscriber’s sole discretion, provide written notice to the Company to return Subscriber’s payment (the “Return Notice”). The Company shall, within 3 business days of receipt of the Return Notice, instruct Escrow Agent to return the Subscriber’s Payment to Subscriber.
Sample 1
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Trigger for Return of Investment Amount. If by the last day of the Offering Period, the Company has failed to obtain executed Subscription Agreements with an aggregate Investment Amount of at least $1,000,000, then the Company shall instruct the Escrow Agent to return to the Purchaser an amount equal to the Purchaser’s Investment Amount to the Purchaser pursuant to the terms set forth in the Escrow Agreement.
Sample 1
Trigger for Return of Investment Amount. If by July 7, 2009, the Company has failed to obtain executed Subscription Documents with an aggregate Investment Amount of at least $200,000, then the Company shall return to the Subscriber an amount equal to the Subscriber’s Investment Amount. In the event that the Company has provided a Closing Notice to the Subscriber and is nonetheless obligated to return funds to Subscriber pursuant to this Section 2(d), the Subscriber shall be deemed to have authorized the Company to take all steps necessary to terminate Subscriber’s Units in the Company and Subscriber shall execute any documents provided by the Company to effect such termination. If the Company does not accept the subscription of the Subscriber within 45 days after Subscriber’s Payment, Subscriber may, at Subscriber’s sole discretion, provide written notice to the Company to return Subscriber’s payment (the “Return Notice”). The Company shall, within 5 business days of receipt of the Return Notice return the Subscriber’s Payment to Subscriber.
Sample 1

Related to Trigger for Return of Investment Amount

  • Return Amount Subject to Paragraph 3 and Paragraph 4, upon a demand made by the Transferor on or promptly following a Valuation Date, if the Return Amount for that Valuation Date equals or exceeds the Transferee’s Minimum Transfer Amount, then the Transferee will transfer to the Transferor Equivalent Credit Support specified by the Transferor in that demand having a Value as of the date of transfer as close as practicable to the applicable Return Amount (rounded pursuant to Paragraph 11(b)(iii)(D)) and the Credit Support Balance will, upon such transfer, be reduced accordingly. Unless otherwise specified in Paragraph 11(b), the “Return Amount” applicable to the Transferee for any Valuation Date will equal the amount by which: (i) the Value as of that Valuation Date of the Transferor’s Credit Support Balance (adjusted to include any prior Delivery Amount and to exclude any prior Return Amount, the transfer of which, in each case, has not yet been completed and for which the relevant Settlement Day falls on or after such Valuation Date). exceeds (ii) the Credit Support Amount.

  • Cash Flow Leverage Ratio The Borrower will not permit the Cash Flow Leverage Ratio on the last day of any fiscal quarter to exceed 3.50 to 1.00.

  • NET INVESTMENT FACTOR The Net Investment Factor for any Subaccount as of the end of any Valuation Period is determined by dividing (1) by (2) and subtracting (3) from the result, where:

  • Maximum Consolidated Leverage Ratio The Consolidated Leverage Ratio at any time may not exceed 0.75 to 1.00; and

  • Minimum Interest Coverage Ratio The Borrowers shall not permit the Interest Coverage Ratio, calculated as of the end of each fiscal quarter for the four fiscal quarters then ended, to be less than 3.50 to 1.00.

  • Designation, Amount and Par Value The series of preferred stock shall be designated as the Series D 5% Convertible Preferred Stock (the "Preferred Stock"), and the number of shares so designated and authorized shall be Three Thousand (3,000). Each share of Preferred Stock shall have a par value of $0.0001 per share and a stated value of $1,000 per share (the "Stated Value").

  • Minimum Consolidated Interest Coverage Ratio Permit the Consolidated Interest Coverage Ratio as of the end of any fiscal quarter of the Borrower to be less than 3.25 to 1.00.

  • Market Capitalization At the time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, General Instruction I.B.1

  • Adjustment of Minimum Quarterly Distribution and Target Distribution Levels (a) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution, Third Target Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section 5.10. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered Capital of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered Capital of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall also be subject to adjustment pursuant to Section 6.9.

  • Minimum Consolidated EBITDA The Borrower will not permit Modified Consolidated EBITDA, for any Test Period ending at the end of any fiscal quarter of the Borrower set forth below, to be less than the amount set forth opposite such fiscal quarter: Fiscal Quarter Amount September 30, 1997 $36,000,000 December 31, 1997 $36,000,000 March 31, 1998 $36,000,000 June 30, 1998 $37,000,000 September 30, 1998 $37,000,000 December 31, 1998 $38,000,000 March 31, 1999 $38,000,000 June 30, 1999 $39,000,000 September 30, 1999 $40,000,000 December 31, 1999 $41,000,000 March 31, 2000 $41,000,000 June 30, 2000 $42,000,000 September 30, 2000 $43,000,000 December 31, 2000 $44,000,000 March 31, 2001 $44,000,000 June 30, 2001 $45,000,000 September 30, 2001 $46,000,000 December 31, 2001 $47,000,000 March 31, 2002 $47,000,000

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