QD Capital definition

QD Capital means QD Capital Corporation, a Delaware corporation and a Wholly Owned Subsidiary of the Borrower.
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QD Capital shall have the meaning set forth in the preamble and shall also include QD Capital’s successors and assigns.
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Examples of QD Capital in a sentence

  • The Company and/or QD Capital shall first comply with the covenant in the immediately preceding sentence before they shall be required to either repurchase Securities or send the notice pursuant to the provisions described below.

  • The Company and/or QD Capital shall comply with the requirements of Rule 14e-1 under the Exchange Act and any other securities laws and regulations thereunder to the extent such laws and regulations are applicable in connection with the repurchase of Securities pursuant to a Change of Control Offer.

  • Any amounts remaining with the Paying Agent after the purchase of Securities pursuant to a Change of Control Offer shall be returned by the Trustee to the Company and/or QD Capital.

  • The Company and/or QD Capital shall not be required to make a Change of Control Offer upon a Change of Control if any other Person makes the Change of Control Offer in the manner, at the times and otherwise in compliance with the requirements set forth in this Section 4.16 applicable to a Change of Control Offer made by the Company and/or QD Capital and purchases all Securities validly tendered and not withdrawn under such Change of Control Offer.

  • The Paying Agent shall promptly mail to the Holders of Securities so accepted payment in an amount equal to the purchase price plus accrued interest, if any, and upon written order of the Company and/or QD Capital the Trustee shall promptly authenticate and mail to such Holders new Securities equal in principal amount to any unpurchased portion of the Securities surrendered.

  • To the extent the provisions of any securities laws or regulations conflict with the provisions of this Section 4.16, the Company and/or QD Capital shall comply with the applicable securities laws and regulations and shall not be deemed to have breached their obligations under this Section 4.16 by virtue thereof.

  • Any Securities not so accepted shall be promptly mailed by the Company and/or QD Capital to the Holder thereof.

  • Notwithstanding the occurrence of a Change of Control, the Company and/or QD Capital shall not be obligated to repurchase the Securities pursuant to this Section 4.16 in the event that the Company and/or QD Capital has exercised their right to redeem all the Securities under the terms of Article III of this Indenture and paragraph 5 of the Securities.

  • Ladies and Gentlemen: We have acted as special counsel to Quality Distribution, LLC, a Delaware limited liability company (“Quality Distribution”), QD Capital Corporation, a Delaware corporation (“QD Capital,” and together with Quality Distribution, the “Issuers”).

  • Notwithstanding the occurrence of a Change of Control, the Company and/or QD Capital shall not be obligated to repurchase the Securities pursuant to this Section 4.16 in the event that the Company and/or QD Capital has exercised their right to redeem all the Securities under the terms of Article III of this Indenture and Paragraph 5 of the Securities.

Related to QD Capital

  • Invested Capital means the amount calculated by multiplying the total number of Shares purchased by Stockholders by the issue price at the time of such purchase, reduced by the portion of any Distribution that is attributable to Net Sales Proceeds and by any amounts paid by the Company to repurchase Shares pursuant to the Company’s plan for the repurchase of Shares.

  • Adjusted Capital means the sum of (i) cumulative gross proceeds generated from issuances of the Shares (including the Company's distribution reinvestment plan), less (ii) distributions to investors that represent a return of capital and amounts paid for share repurchases pursuant to the Company's share repurchase program. For purposes of computing the Incentive Fee, the calculation methodology will look through derivatives or swaps as if the Company owned the reference assets directly. Therefore, net interest, if any, associated with a derivative or swap (which represents the difference between (i) the interest income and fees received in respect of the reference assets of the derivative or swap and (ii) the interest expense paid by the Company to the derivative or swap counterparty) will be included in the calculation of quarterly pre-incentive fee net investment income for purposes of the Incentive Fee. The calculation of the Incentive Fee for each quarter is as follows: · No Incentive Fee shall be payable to the Advisor in any calendar quarter in which the Company's pre-incentive fee net investment income does not exceed the preferred return rate of 1.50% (6.0% annualized) (the "Preferred Return") on Adjusted Capital. · 100% of the Company's pre-incentive fee net investment income, if any, that exceeds the Preferred Return, but is less than or equal to 1.715% in any calendar quarter (6.86% annualized) shall be payable to the Advisor. This portion of the Company's pre-incentive fee net investment income is referred to as the "catch-up." The "catch-up" provision is intended to provide the Advisor with an incentive fee of 12.5% on all of the Company's pre-incentive fee net investment income in any calendar quarter when the Company's pre-incentive fee net investment income reaches 1.715% in such calendar quarter (6.86% annualized). · 12.5% of the amount of the Company's pre-incentive fee net investment income, if any, that exceeds 1.715% in any calendar quarter (6.86% annualized) shall be payable to the Advisor once the Preferred Return is reached and the catch-up has been achieved (12.5% of the Company's pre-incentive fee net investment income thereafter shall be allocated to the Advisor).

  • Contributed Capital means, with respect to a Common Unitholder holding Capital Commitments, the aggregate amount of capital contributions from such Common Unitholder’s Capital Commitments that have been funded by such Common Unitholder to purchase Units. For the avoidance of doubt, Contributed Capital will not take into account distributions of the Fund’s investment income (i.e., proceeds received in respect of interest payments, dividends or fees, net of expenses) to the investors. Following the Investment Period, the Adviser may issue Drawdown Notices, and Common Unitholders will be required to make Drawdown Purchases, for the purposes described in Section 4.1(b).

  • Equity Capital means capital invested in common or preferred stock, royalty rights, limited partnership interests, limited liability company interests, or any other security or rights that evidence ownership in a private business.

  • Net Capital as used in this rule, shall mean the difference between total assets and total indebtedness, as determined by generally accepted accounting principles, consistently applied, and thereafter adjusted pursuant to paragraph (K)(2) of this rule.