Xxxxx Investment. The General Partner, the Xxxxx Limited Partner and/or such other Affiliates of Xxxxx as the General Partner may determine from time to time, shall maintain Committed Capital to the Fund in an aggregate amount of not less than the lesser of (i) 1% of the Committed Capital of all Fund Investors, or (ii) $25 million (the "Xxxxx Capital Requirement"). In connection with any increase of Committed Capital of the Fund, whether through the acceptance of new or increased Capital Commitments, the issuance of additional Partnership Units by the Partnership, the issuance of additional equity securities by any Operating Company or otherwise, the General Partner shall, or shall cause an Affiliate of the General Partner to, increase its Capital Commitment or acquire additional Partnership Units or equity securities of one or more Operating Companies at the Current Unit Value to the extent necessary to comply with the Xxxxx Capital Requirement. In order to manage the equity interests in the Fund held by the General Partner and its Affiliates for purposes of complying with the Xxxxx Capital Requirement, (A) the General Partner, the Xxxxx Limited Partner or any other Affiliate of Xxxxx may, at any time, at the discretion of the General Partner, contribute interests such Person holds in any Operating Company in which the Partnership has an interest to the Partnership in exchange for Partnership Units at Current Unit Value; and (B) the General Partner may, at any time, in its discretion, cause the Partnership to exchange, at Current Unit Value, interests in any Operating Company held by the Partnership for interests in another Operating Company in which the Partnership holds an interest, or for Partnership Units, held by the General Partner, the Xxxxx Limited Partner or any other Affiliate of Xxxxx; provided that, in any such case, such exchange does not result in the recognition of material amounts of taxable income or gain by the Partnership or any Fund Entity. Neither the General Partner nor any other Affiliate of Xxxxx shall be in breach of this Agreement if at any time the Xxxxx Capital Requirement is not met as a result of dilution following the issuance of Partnership Units or interests in any Fund Entity so long as the General Partner takes, or causes any Affiliate to take, such action as is necessary to cause the Xxxxx Capital Requirement to be met as promptly as practicable following any such issuance.
Xxxxx Investment. Xxxxx will contribute all of his interest in ---------------- Summit into the Company, including stock, options and after-tax pension proceeds received on or about the date of the Merger. In the case of options held by Xxxxx, (i) these options will be cashed out in the Merger, (ii) Xxxxx will receive a bonus from the Company to pay tax due on the options (to the extent that it is tax neutral to the Company, using corresponding tax benefit) and (ii) all net after tax option proceeds (after taking into account the foregoing bonus payment) will be invested in the Company. A portion of Xxxxx'x investment may be delayed until he receives proceeds at the Merger closing.
Xxxxx Investment. On or prior to the Closing Date, the Purchaser shall make an advance of $2,000,000 in Xxxxx which advance shall be used solely for working capital (the “Investment”).
Xxxxx Investment. Prior to the Closing, Citius shall have closed upon the Xxxxx Investment.
Xxxxx Investment. Subject to the satisfaction of the terms and conditions set forth herein, Xxxxx agrees to purchase and the Corporation agrees to sell and issue to Xxxxx, 200 shares of Common Stock (the "Xxxxx Shares") for an aggregate purchase price (the "Purchase Price") of $200.00 (the "Xxxxx Investment"). The Xxxxx Shares will be registered in the name of O. Xxx Xxxxx, III.
Xxxxx Investment. The Corporation shall issue and deliver to Xxxxx the Xxxxx Shares and Xxxxx shall deliver to the Corporation the Purchase Price in immediately available funds whether through wire transfer or by bank check.
Xxxxx Investment. The Managing General Partner, the Xxxxx Limited Partner and/or such other Affiliates of Xxxxx as the Managing General Partner may determine from time to time, shall maintain Unrecovered Capital in the Fund in an aggregate amount of not less than the greater of (i) 1% of the Unrecovered Capital of all Fund Investors, or (ii) $25 million (the “Xxxxx Capital Requirement”); provided that, for purposes of determining whether the Xxxxx Capital Requirement is met, (1) any amounts invested by Xxxxx or any Affiliate of Xxxxx in Xxxxx Real Estate Investment Trust, Inc. or Xxxxx REIT Properties, L.P., including, without limitation, any participation or profits interests granted to Xxxxx or any Affiliate of Xxxxx in either such Entity, shall be deemed to constitute Unrecovered Capital of Xxxxx or such Affiliate of Xxxxx in the Fund, and (2) the Non-Managing General Partner shall be deemed not to be a Fund Investor. In connection with any contribution of capital to an Operating Company by Fund Investors, the issuance of additional Partnership Units by the Partnership, the issuance of additional equity securities by any Operating Company or otherwise, the Managing General Partner shall, or shall cause an Affiliate of the Managing General Partner to, acquire additional Partnership Units or equity securities of one or more Operating Companies or other Fund Entities at the Current Unit Value (or its equivalent) to the extent necessary to comply with the Xxxxx Capital Requirement. In order to manage the equity interests in the Fund held by the Managing General Partner and its Affiliates for purposes of complying with the Xxxxx Capital Requirement, (A) the Managing General Partner, the Xxxxx Limited Partner or any other Affiliate of Xxxxx may, at any time, at the discretion of the Managing General Partner, contribute interests such Person holds in any Operating Company in which the Partnership has an interest to the Partnership in exchange for Partnership Units at Current Unit Value; and (B) the Managing General Partner may, at any time, in its discretion, cause the Partnership to exchange, at Current Unit Value, interests in any Operating Company held by the Partnership for interests in another Operating Company in which the Partnership holds an interest, or for Partnership Units, held by the Managing General Partner, the Xxxxx Limited Partner or any other Affiliate of Xxxxx; provided that, in any such case, such exchange does not result in the recognition of material amoun...
Xxxxx Investment. On or prior to the Closing Date, the Purchaser shall make an advance of $3,000,000 in Xxxxx which advance shall be used solely for working capital. All other terms and conditions of the Agreement remain in full force and effect and this agreement shall be governed by all other terms contained therein.
Xxxxx Investment. The Managing General Partner, the Xxxxx Limited Partner and/or such other Affiliates of Xxxxx as the Managing General Partner may determine from time to time, shall maintain Unrecovered Capital in the Fund in an aggregate amount of not less than the greater of (i) 1% of the Unrecovered Capital of all Fund Investors, or (ii) $25 million (the “Xxxxx Capital Requirement”); provided that, for purposes of determining whether the Xxxxx Capital Requirement is met, (1) any amounts invested by Xxxxx or any Affiliate of Xxxxx in Xxxxx Real Estate Investment Trust, Inc. or Xxxxx REIT Properties, L.P., including,
