Examples of New Investor Group in a sentence
Pay management or similar fees to the New Investor Group or any of their Affiliates in an aggregate amount in excess of $2,000,000 in any twelve month period beginning on November 1 of any year and ending on October 31 of the succeeding year.
Brown and BancAmerica Robertson Stephens), sell or offer to sell any equity or debt security for cash or property in connection with the financing of the Recapitalization or any related refinancings (other than (a) loans incurred under and pursuant to the Credit Facility and (b) additional equity capital provided by the New Investor Group (the foregoing, collectively, the "Permitted Dispositions")) during the term of this Engagement Letter.
In the event that a member of the New Investor Group fails to disburse any Proceeds upon request by the Committee and in accordance with the terms of the Committee Guidelines and thereafter the members of the Old Investor Group do not comply with their obligations pursuant to Section 1.01, the parties hereto agree that the Board shall immediately remove all members of the Board designated by the New Investor Group or the Old Investor Group, as the case may be.
Notwithstanding anything in this Agreement to the contrary, in no event shall the total number of Board Observers appointed by the Members who are part of the New Investor Group exceed two (2).
Upon receipt of at least $2,000,000 in collective investment from the New Investor Group and performance of the obligations of each member of the New Investor Group, the New Investor Group shall be entitled to have four (4) designated directors on the Company's Board of Directors.
Immediately upon execution of the Subscription Agreement and this Agreement, the first disbursement of $1,000,000 shall be paid by the New Investor Group into an attorney escrow account with the Escrow Agent and disbursed according to the Disbursement Notice dated October __, 2002 from the Investment Distribution Committee of the Company.
This Agreement has been duly authorized, executed and delivered by each member of the New Investor Group.
In connection with the shareholder approval to increase the number of authorized shares of Common Stock or Preferred Stock, each member of the New Investor Group shall and hereby does agree to vote at a meeting of shareholders of the Company in favor of approving the requisite increase in the number of authorized shares of Common Stock and Preferred Stock.
Each member of the New Investor Group hereby acknowledges that the Company has made available to it and its principals, employees and agents the opportunity to ask questions of, and receive answers from, the Company and any other person or entity acting on its behalf, concerning the contents of the Disclosed Information.
In the event that any member of the Committee (with the exception of the authorized representative of the New Investor Group) fails to join in such meeting, the other members of the Committee shall be permitted to call and conduct a valid meeting and the unanimous consent of such members of the Committee may request such Disbursement Notice.