EB-5 Investors definition
Examples of EB-5 Investors in a sentence
The Debtors’ rights under the EB-5 Guarantees shall be transferred and assigned to the holder of Class 1 Prepetition Secured Claims or another Debtor prior to any distribution to the EB-5 Investors.
The Plan reflects substantial arms’ length settlement negotiations among the Debtors, the Prepetition Secured Lender, the Committee, the EB-5 Investors, and the Special Committee, which culminated in the Global Settlement.
To the extent that Class 9 does not vote to accept its treatment under the Plan, the EB-5 Investors will retain no ownership interests and receive no distributions under the Plan and, on the Effective Date, the EB-5 Investors’ Equity Interests shall be deemed cancelled, null, and void and the EB-5 Investors will have no rights to any books or records owned by the EB-5 GPs or the EB- 5 Debtors.
Receiver shall send the EB-5 Disclosure Document to all attorneys who have identified themselves to Receiver as representing one or more EB-5 Investors in the Project, and shall post an electronic copy of the EB-5 Disclosure Document on the Receiver's Path America receivership website.
It is recognized and agreed that if Borrower were to prepay the Loan, or any portion thereof (other than the portion attributable to Cleared Investors), prior to the Prepayment Date, such prepayment will jeopardize Lender’s investment program with respect to the EB-5 Investors who are not Cleared Investors and the ability of the EB-5 Investors who are not Cleared Investors to obtain the benefits under the EB-5 Program thus causing Lender and its Affiliates to suffer irreparable harm and damages.
EB-5 Investors shall also be permitted to submit responses by email, facsimile and mail, and can request a date-stamped copy acknowledging receipt.
Receiver shall allow the EB-5 Investors to submit their responses to the EB-5 Disclosure Document online via a web-based form where they can enter responses.
Lender shall also be solely responsible for monitoring the required submissions to be made by EB-5 Investors and/or their counsel for purposes of obtaining (y) the necessary approvals of I-526 petitions from the USCIS for temporary residency in the United States in accordance with the requirements of the EB-5 Program and (z) the requisite I-829 petition approvals for permanent residency in the United States pursuant to the EB-5 Program.
Lender acknowledges that none of Borrower, BrightSource or any of their Affiliates participated in the preparation of, reviewed, or are making any representations as to the accuracy or completeness of any marketing or offering materials provided by Lender, CMB Export or any of the their Affiliates in connection with soliciting funds from EB-5 Investors, and Borrower expressly disclaims any such marketing or offering materials on behalf of itself, BrightSource and their Affiliates.
Molasky or its designee, for no more compensation than a pass-through of expenses up to $50,000 per year, shall manage all EB-5 related issues including the preparation of any new disclosure documents which may be required to be provided to EB-5 Investors and communications with EB-5 Investors.