Included Investors definition

Included Investors means those Investors that have delivered to the Agent Investor Letters and Investor Opinions (except that any Investor listed as an "Opinion Waiver Investor" on Schedule 1.01B shall, during the thirty (30) day period commencing on the Effective
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Included Investors means the list of investors approved by Bank in writing as “Included Investors” on the Effective Date; provided, that upon the acquisition by any investor (by means of a transfer, an additional closing or otherwise) that was not an Included Investor as of the Effective Date of any Partner’s or Partners’ Capital Commitment, Borrower shall provide Bank written notice of such new investor along with such financial and other disclosure regarding such new investor as Bank may reasonably request, and Bank shall provide Borrower its written decision regarding whether such new investor is an Included Investor within five (5) Business Days after its receipt of such notice.
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Included Investors. Investors (a) as to which no Exclusion Event has occurred, (b) which either (i) meet the Applicable Requirement or (ii) are The DuPont Pension Trust, Carnegie Corporation of New York, The Xxxxxxx and Xxxxx Xxxxxxx Foundation or any other Investors which do not meet the Applicable Requirement and which are approved as "Included Investors" from time to time, by Administrative Agent and 100% of Lenders in writing and in the sole and absolute discretion of Administrative Agent and each Lender or (iii) Xxxx XX but only if and for so long as all of the following conditions remain satisfied: (w) Xxxx XX has executed and delivered the Dore Assumption Agreement, the Dore Assumption Agreement remains in full force and effect and Xxxx XX is not in default of its obligations under the Dore Assumption Agreement, (x) Vanderbilt has executed and delivered the Vanderbilt Guaranty, the Vanderbilt Guaranty is in full force and effect and Vanderbilt is not in default of its obligations under the Vanderbilt Guaranty, (y) Vanderbilt retains 100% of the ownership interests in Xxxx XX and (z) Vanderbilt satisfies the Applicable Requirement; and (c) which are not otherwise excluded from being Included Investors by Administrative Agent in its reasonable discretion; provided, however, that from and after the first date that an Investor ceases to be an Included Investor pursuant to Section 2.14, such Investor shall cease to be one of the Included Investors hereunder until such time as all Exclusion Events with respect to such Investor shall have been cured to the reasonable satisfaction of Administrative Agent and 100% of the Lenders or such Investor shall have been approved as an Included Investor in the sole and absolute discretion of Administrative Agent and 100% of Lenders. The Included Investors as of the Closing Date are listed on Exhibit B attached hereto and made a part hereof. Notwithstanding anything to the contrary contained herein, in no event shall either of Managing Member or Acadia Investors II be considered an Included Investor.
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Examples of Included Investors in a sentence

  • The aggregate amount of the Unfunded Capital Commitments of all Included Investors and Designed Investors (separately) as of the date hereof is as set forth on Exhibit A.

  • Prior to the effectiveness of any transfer by an Included Investor, Borrower shall calculate whether, taking into account the Capital Commitments of the Included Investors as if such transfer had occurred, the transfer would cause the Principal Obligation to exceed the Available Commitment, and shall make any Capital Calls required to pay any resulting mandatory prepayment under SECTION 2.1(d) prior to permitting such transfer.

  • The aggregate amount of the Unfunded Commitments of all Included Investors and Designated Investors in the applicable Loan Parties as of the date hereof is $1,576,479,862.00.

  • Prior to the effectiveness of any transfer by an Included Investor, the applicable Loan Party shall calculate whether, taking into account the Capital Commitments of the Included Investors as if such transfer had occurred, the transfer would cause the Dollar Equivalent of the Principal Obligation to exceed the Available Amount, and shall make any Capital Calls required to pay any resulting mandatory prepayment under Section 3.04 prior to permitting such transfer.

  • There are no actions, suits or legal, equitable, arbitration or administrative proceedings pending, or to the knowledge of Borrower threatened in writing, against Borrower or the Included Investors that would, if adversely determined, have a Material Adverse Effect.

  • As of the date hereof, Capital Calls have been made upon Included Investors, in the aggregate amount of $160,026,742.

  • The aggregate amount of the Unfunded Commitments of all Included Investors as of the date hereof is $214,351,000.00.

  • Rated Included Investors with a rating of AA- / Aa3 or above 20%1, 2 - Rated Included Investors with a rating of A+ / A1 to A- / A3 15% - 20%1, 2, 3 - Rated Included Investors with a rating of BBB+ / Baa1 to BBB- / Baa3 10% - 20%1, 2, 3 - Non-Rated Included Investors 5% - 20%3 - Designated Investors other than HNW Designated Investors 5% - HNW Designated Investors 1% 10% 1 The Ratings for such Investor will be the lower of any senior unsecured rating of such Investor as issued by either S&P or Xxxxx’x.

  • Prior to the effectiveness of any transfer by an Included Investor, the applicable Loan Party shall calculate whether, taking into account the Capital Commitments of the Included Investors as if such transfer had occurred, the transfer would cause the Principal Obligation to exceed the Available Loan Amount, and shall make any Capital Calls required to pay any resulting mandatory prepayment under Section 3.04 prior to permitting such transfer.

  • The aggregate amount of the Unfunded Commitments of all Included Investors as of the date hereof is $182,961,000.


More Definitions of Included Investors

Included Investors means those (i) Investors which meet, or are deemed to have met, the Applicable Requirement and which are approved as "Included Investors", from time to time, by the Agent in writing and in the sole and absolute discretion of the Agent, and (ii) Investors which do not meet, and are not deemed to have met, the Applicable Requirement and which are approved as "Included Investors" from time to time, by the Agent and 100% of the Lenders in writing and in the sole and absolute discretion of the Agent and each such Lender; provided, however, that from and after the first date that an Investor becomes a Non-Included Investor pursuant to Section 11.4 hereof, such Investor shall cease to be one of the Included Investors hereunder until such time as all Exclusion Events with respect to such Investor shall have been cured and such Investor shall have been approved as an Included Investor in the sole and absolute discretion of Agent. The Included Investors as of the Closing Date are listed on SCHEDULE A attached hereto and made a part hereof.
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Included Investors means, at the date of determination, those Eligible Investors who (or whose Sponsor, Responsible Party or Credit Providers) meet the Rating Requirement.
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Related to Included Investors

  • Permitted Investors the collective reference to the Sponsor and its Control Investment Affiliates.

  • Qualified Investors means ‘qualified investors’ as defined in Article 2, point (e), of Regulation (EU) 2017/1129;

  • Approved Investor means any institution which has made a Takeout Commitment and has been approved by Buyer and not subsequently disapproved by Buyer.

  • Permitted Investor means collectively, Energy Capital Partners III, LP, Energy Capital Partners III-A, LP, Energy Capital Partners III-B, LP, Energy Capital Partners III-C, LP, Energy Capital Partners-D, LP, Quantum Strategic Partners and each of their Permitted Transferees (as defined in the Investors Agreement, dated as of March 29, 2018, by and among the Parent and the other signatories thereto).

  • Required Investors means the Investors holding a majority of the Registrable Securities.

  • Permitted Holders means any or all of the following:

  • Approved Investment means any type of security, instrument, participation or interest in property, as set forth on Schedule I hereto (which may be amended from time to time by execution of a revised Schedule I, I-A or I-B) in which Cash Collateral may be invested or reinvested by Bank in accordance with Paragraph 2 of Article IV hereof.

  • Qualified Investor means any of the following:

  • covered investment means an investment of a national or company of a Party in the territory of the other Party;

  • Permitted Holder Group shall have the meaning assigned to such term in the definition of “Permitted Holders.”

  • Qualified investment has the meaning set forth in Section 313.021(1) of the TEXAS TAX CODE, as interpreted by the Comptroller’s Rules.

  • Wholly-Owned Investment Sub means an entity (i) that is a wholly-owned subsidiary9 of a Regulated Fund (with such Regulated Fund at all times holding, beneficially and of record, directly or indirectly, 95% or more of the voting and economic interests); (ii) whose sole business purpose is to hold one or more investments on behalf of such Regulated Fund (and, in the case of an SBIC Subsidiary, maintain a license under the SBA Act and issue debentures guaranteed by the SBA); (iii) with respect to which such Regulated Fund’s Board has the sole authority to make all determinations with respect to the entity’s participation under the Conditions to this application; and (iv) (A) that would be an investment company but for Section 3(c)(1), 3(c)(5)(C), or 3(c)(7) of the Act, or (B) that qualifies as a real estate investment trust (“REIT”) within the meaning of Section 856 of the Internal Revenue Code (“Code”) because substantially all of its assets would consist of real properties.

  • Controlled Investment Affiliate means, as to any Person, any other Person that (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. For purposes of this definition, “control” of a Person means the power, directly or indirectly, to direct or cause the direction of the management and policies of such Person whether by contract or otherwise.

  • Lead Investors means ARC Funds, EP Cayman Ltd., Eton Park Master Fund, Ltd. and Ashmore Cayman SPC No. 2 Limited.

  • Qualified Investments means any of the following if and to the extent permitted by law:

  • Investors means the Initial Investors and any transferee or assignee who agrees to become bound by the provisions of this Agreement in accordance with Section 9 hereof.

  • PIPE Investors means those certain investors participating in the PIPE Investment pursuant to the Subscription Agreements.

  • Designated Investor means an Investor (a) that has been approved in writing as a Designated Investor by Administrative Agent and the Required Lenders, in their sole discretion, and (b) in respect of which there has been delivered to Administrative Agent:

  • Permitted Holder means (a) Xxxxxxx X. Xxxxxxx, (b) any of his immediate family members or his or their respective heirs by operation of law, will or intestacy or (c) any trust, corporation, partnership or other entity, the beneficiaries, stockholders, partners, owners or Persons beneficially holding a 50.1% or more controlling interest of which consist of Xxxxxxx X. Xxxxxxx and/or his immediate family members.

  • Control Investment Affiliate as to any Person, any other Person that (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. For purposes of this definition, “control” of a Person means the power, directly or indirectly, to direct or cause the direction of the management and policies of such Person whether by contract or otherwise.

  • Widely Held Fixed Investment Trust as that term is defined in Treasury Regulations section 1.671-5(b)(22) or successor provisions.

  • Excluded Persons means (A) the Company or any Regency Entity; (B) a trustee or other fiduciary holding securities under an employee benefit plan of the Company or any Regency Entity; (C) an underwriter temporarily holding securities pursuant to an offering of such securities; or (D) a corporation owned, directly or indirectly, by the shareholders of the Company in substantially the same proportions as their ownership of stock in the Company.

  • Co-Investors means each of (a) the Fund and the Fund Affiliates (excluding any of their portfolio companies) and (b) the Management Group.

  • Excluded Holder has the meaning specified in Section 10.05.

  • Permitted Investment means an Investment by the Company or any Restricted Subsidiary in:

  • retail investor means an investor who is not a professional investor;