Control Investment definition

Control Investment means any company (i) the voting securities of which the Company beneficially owns, either directly or through one or more controlled companies, more than 25% or (ii) that the Company is otherwise deemed to “control” under Section 2(a)(9) of the Investment Company Act.
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Control Investment means (a) the acquisition of an equity interest in a Person operating primarily in the Specified Industries, provided that such interest entitles the holder thereof to elect a majority of the members of the board of directors, general partner, managing member or similar governing body of such Person; (b) the acquisition of operating assets comprising a whole company, operating division or a line of business within the Specified Industry; or (c) the acquisition of any debt of any Person that is (i) in bankruptcy, (ii) insolvent, (ii) known by a Subject Person to be in the zone of insolvency or to have defaulted on payment of any debt for borrowed money; provided, that such debt investment is intended to result in a Control Investment as described in clause (a) or (b) above. For the avoidance of doubt, any Restricted Potential Corporate Opportunity that would be a Control Investment, but for any pro rata allocations made pursuant to Section (3) above, shall nonetheless be a Control Investment for purposes hereof even if, after giving effect to such pro rata allocations, such Restricted Potential Corporate Opportunity may no longer meet the criteria set forth in (a), (b) or (c) of this definition of Control Investment.
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Control Investment shall have the meaning given such term in Section 4.7.
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Examples of Control Investment in a sentence

  • For purposes of the minimum assignment amounts set forth in this paragraph, multiple assignments by two or more Related Funds or Control Investment Affiliates shall be aggregated.

  • H.I.G. Sun Partners, Inc., SCSF Cantinas and any of their Control Investment Affiliates, and members of the management of the Parent and the Borrowers.

  • If any Capital Stock shall be issued by Holdings to any Person other than (i) any Group Member or any employee or director of a Group Member or (ii) the Sponsor or its Control Investment Affiliates or Co-Investors, an amount equal to 50% of the Net Cash Proceeds thereof shall be applied within five Business Days after the date of such issuance toward the prepayment of the Tranche B Term Loans and the reduction of any remaining unfunded Tranche B Term Commitments as set forth in Section 4.2(d).

  • Notwithstanding the foregoing, the Borrower and its Subsidiaries may pay to the Buyer and its Control Investment Affiliates fees and expenses pursuant to the Corporate Development and Administrative Services Agreement dated as of June 1, 1998 (the "Services Agreement") and may perform their obligations under the agreements ------------------ listed on Schedule 7.10, in each case as such agreements are in effect on the Closing Date.

  • For purposes of the minimum assignment amounts set forth in this paragraph, multiple assignments by two or more affiliates, Related Funds or Control Investment Affiliates of a Lender shall be aggregated.

  • The Available Closing Date Cash shall not be less than the Voting Control Investment Amount.

  • Control Investment Affiliate shall mean as to any Person, any ---------------------------- other Person which (a) directly or indirectly, is in control of, is controlled by, or is under common control with, such Person and (b) is organized by such Person primarily for the purpose of making equity or debt investments in one or more companies.

  • Notwithstanding the foregoing, Holdings may, in accordance with Section 7.6(b), either (A) pay to the Sponsors and their respective Control Investment Affiliates fees and expenses pursuant to a management or advisory agreement approved by the board of directors of Holdings in an amount not to exceed $3,000,000 in any fiscal year of Holdings or (B) pay dividends to its direct holding company parent, if any, to permit such parent to pay amounts set forth in clause (A) above.

  • Notwithstanding the foregoing, the Borrower and its Subsidiaries may (a) pay to the Sponsor and its Control Investment Affiliates the management fees pursuant to the Management Agreement approved by the board of directors of the Borrower in an aggregate amount not to exceed $1,500,000 in any fiscal year of the Borrower and (b) enter into and consummate the transactions listed on Schedule 7.10.

  • Notwithstanding the foregoing, the Borrower and its Subsidiaries may accrue fees and expenses owed to the Sponsor and its Control Investment Affiliates and approved by the board of directors of the Borrower in an aggregate amount not to exceed $1,500,000 in any Fiscal Year of the Borrower.