Common use of VALUATIONS OF INVESTMENTS Clause in Contracts

VALUATIONS OF INVESTMENTS. The general rule for determining the value of investments in order to ascertain whether a person is a qualified purchaser is that the value of the aggregate amount of investments owned and invested on a discretionary basis by such person shall be their fair market value on the most recent practicable date or their cost. This general rule is subject to the following provisos: (1) In the case of Commodity Shares, the amount of investments shall be the value of the initial margin or option premium deposited in connection with such Commodity Shares; and (2) In each case, there shall be deducted from the amount of investments owned by such person the following amounts: (i) The amount of any outstanding indebtedness incurred to acquire the investments owned by such person. (ii) A Family Company, in addition to the amounts specified in paragraph (a) above, shall have deducted from the value of such Family Company's investments any outstanding indebtedness incurred by an owner of the Family Company to acquire such investments.

Appears in 2 contracts

Samples: Regulation S Subscription Agreement (Safetek International Inc), Subscription Agreement (Smart Energy Solutions, Inc.)

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VALUATIONS OF INVESTMENTS. The general rule for determining the value of investments in order to ascertain whether a person is a qualified purchaser is that the value of the aggregate amount of investments owned and invested on a discretionary basis by such person shall be their fair market value on the most recent practicable date or their cost. This general rule is subject to the following provisos: (1) In the case of Commodity Shares, the amount of investments shall be the value of the initial margin or option premium deposited in connection with such Commodity Shares; and (2) In each case, there shall be deducted from the amount of investments owned by such person the following amounts: (i) The amount of any outstanding indebtedness incurred to acquire the investments owned by such person. (ii) A Family Company, in addition to the amounts specified in paragraph (a) above, shall have deducted from the value of such Family Company's investments any outstanding indebtedness incurred by an owner of the Family Company to acquire such investments.

Appears in 1 contract

Samples: Regulation S Subscription Agreement (Datigen Com Inc)

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VALUATIONS OF INVESTMENTS. The general rule for determining the value of investments in order to ascertain whether a person is a qualified purchaser is that the value of the aggregate amount of investments owned and invested on a discretionary basis by such person shall be their fair market value on the most recent practicable date or their cost. This general rule is subject to the following provisos: (1) In the case of Commodity Shares, the amount of investments shall be the value of the initial margin or option premium deposited in connection with such Commodity Shares; and (2) In each case, there shall be deducted from the amount of investments owned by such person the following amounts: (ia) The amount of any outstanding indebtedness incurred to acquire the investments owned by such person. (iib) A Family Company, in addition to the amounts specified in paragraph (a1) above, shall have deducted from the value of such Family Company's ’s investments any outstanding indebtedness incurred by an owner of the Family Company to acquire such investments.

Appears in 1 contract

Samples: Regulation S Subscription and Investor Representation Agreement (EZY Flexi Light Pty Ltd.)

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