Examples of Common Investor in a sentence
If BREA elects to exercise its rights under this Section 10.4, ESC, the Common Investor and Columbia shall take such actions as may be reasonably required and otherwise cooperate in good faith with BREA in connection with the completion of the proposed sale (including, without limitation, the voting of any interests to approve such proposed sale).
If Common Investor is not a natural person, it has been duly formed, and is validly existing and in good standing under the laws of the state of its formation.
BREA shall notify the Common Investor and Columbia of its election to “drag along” the Common Investor and Columbia at least 30 days’ prior to such proposed sale.
The balance, if any, of such Distributable Cash remaining after the distributions pursuant to subsections A, B, C and D above shall be distributed to the Common Members, as follows: (1) 75% to BREA, Columbia, the Common Investor and ESC in accordance with their respective relative Common Percentages; and (2) the remaining 25% to ESC.
This Agreement and all agreements, instruments and documents herein provided to be executed or to be caused to be executed by such Common Investor are, as of the date hereof, duly authorized, executed and delivered by and are and will be binding upon the same.
Thereafter, (i) any transferee of BREA’s membership interest in the Company shall be entitled to receive the Transferred Percentage of all distributions of Distributable Cash, and (ii) all remaining Distributable Cash shall then be distributed to BREA, Columbia, Common Investor and ESC pursuant to Section 4.1.
The Company shall have a board (the “Board of Directors”) which shall initially consist of three individuals (each a “Board Member”) and collectively, the “Board Members”) comprised of two Board Members chosen by BREA and one member chosen by the Common Investor.
BREA shall notify ESC, the Common Investor and Columbia of its election to “drag along” ESC, the Common Investor and Columbia at least 30 days’ prior to such proposed sale.
If BREA elects to exercise its rights under this Section 10.4, the Common Investor and Columbia shall take such actions as may be reasonably required and otherwise cooperate in good faith with BREA in connection with the completion of the proposed sale (including, without limitation, the voting of any interests to approve such proposed sale).
Such amendment shall be reduced to writing, shall state the effective date of the amendment, and shall be executed in the same manner as this agreement is executed.