Additional Investments Clause Samples

Additional Investments. Each of SGC and SIL has the right, for a period of up to 60 (sixty) days as of the Closing, to raise investments from additional Investors, in order to complete the Investors Cash Contribution. In the event the totality of the Investors Cash Contribution is not raised within said period, ABI may raise the eventual balance with any third party who shall then also be considered an Investor.

Additional Investments. (a) On or before January 14, 2003 the Registered Holder has the option but is not obligated to make an Additional Investment of up to $1,000,000 at a Purchase Price of $3.50 per share ("Additional Investment"). Upon closing, fifty percent (50%) of the Warrant Deposit shall be credited against the purchase price payable for the shares. In CUSIP No. 296744 10 5 13D/A Page 81 of 89 the event the Registered Holder does not exercise its rights to purchase 100% of the shares available pursuant to this Warrant on a timely basis, the Registered Holder shall be deemed to have exercised the 90 Day Warrant to purchase shares at the $3.50 share price, as adjusted in accordance with Section 2(c) below, and 50% of the Warrant Deposit shall be applied in full satisfaction of the purchase price payable for such shares. (b) Notwithstanding paragraph 2(a), if the Registered Holder makes an additional investment that is received by the Company within thirty (30) calendar days of the issuance date of this Warrant, the Purchase Price for such additional investment shall be $3.00. (c) In the event that, on the day prior to a designated closing date for exercise of the Warrant, the 15 trading day trailing weighted moving closing price average of the Essex common stock on the OTCBB shall fall below the designated price as set forth above, the Purchase Price for the exercise of the Warrant shall be recalculated as follows: a 15% discount from 15 trading day trailing weighted moving closing price average of the Essex common stock on the OTCBB from and including the day before the designated closing date, but not less than $3.00 per share.

Additional Investments. Under the Operating Agreement, the Subscriber may from time to time add money or securities to its Account with the Fund. Any such new money and securities shall be invested in the Fund as of the Investment Date that next follows the delivery of such money or securities to the UUA. The Manager has established a minimum amount for each additional investment by a Member (presently, $1,000).

Additional Investments. I may also instruct you to make additional Investments for me from time to time in writing, or automatically or on a regular basis through my enrollment in any automatic Investment plan you may offer pursuant to my making available collected funds forth is purpose. However, if I have not made collected funds available to you for any such purchase or not furnished any other document or complied with any other requirement as may be stipulated by you for such purpose, I understand and agree that you may delay/refuse transmitting my subscription order or cancel the same.

Additional Investments. Concurrently with the investment contemplated herein and the Other Private Placements, the Company will sell Common Shares in private placements to other investors under separate written agreements, with the closing of such transactions to occur simultaneously with the closing of the transaction described herein and the Other Private Placements (such private placements to other investors, the “Additional Investments”).

Additional Investments. (a) The Pledgor will cause the Pledged Stock to constitute at all times 100% of the capital stock and other equity securities of each of its direct Subsidiaries then outstanding, and will not cause or permit any of its direct Subsidiaries to issue or sell any new shares of its capital stock or any warrants, options or rights to acquire its capital stock to any Person other than the Pledgor. (b) If the Pledgor shall, at any time and from time to time after the date hereof, acquire any additional Pledged Investments or certificates or instruments representing or evidencing the same, whether from Subsidiaries existing as of the date hereof or created or acquired hereafter, the Pledgor will forthwith pledge and deposit such Pledged Investments with the Agent and deliver to the Agent any certificates or instruments therefor, together with the endorsement of the Pledgor (in the case of Pledged Notes), undated stock powers (in the case of Pledged Stock) or other necessary instruments of transfer or assignment, duly executed in blank and in form and substance satisfactory to the Agent, and will promptly thereafter deliver to the Agent a fully completed and duly executed amendment to this Agreement in the form of Exhibit A (each, a "Pledge Amendment") in respect of such additional Pledged Investments. The Pledgor hereby authorizes the Agent to attach each Pledge Amendment to this Agreement, and agrees that all such Pledged Investments listed on any Pledge Amendment shall for all purposes be deemed Pledged Investments hereunder and shall be subject to the provisions hereof; provided that the failure of the Pledgor to execute and deliver any Pledge Amendment with respect to any such additional Pledged Investments as required hereinabove shall not impair the security interest of the Agent in such Pledged Investments or otherwise adversely affect the rights and remedies of the Agent hereunder with respect thereto. (c) Notwithstanding anything to the contrary contained herein, if any Pledged Investments (whether now owned or hereafter acquired) are "uncertificated securities" within the meaning of the applicable Uniform Commercial Code or are otherwise not evidenced by any stock certificate or similar certificate or instrument, the Pledgor will promptly notify the Agent thereof and will promptly take and cause to be taken all actions required under applicable law, including, as applicable, under Article 8 or 9 of the applicable Uniform Commercial Code, to perfect the se...

Additional Investments. On the first Funding Date, Guarantor shall have received one or more unrestricted equity investments in an aggregate amount equal to not less than $375 million and a cash payment of not less than $125 million from one or more sources in addition to the liquidity amounts described in the Business Plan.

Additional Investments. Prior to the consummation of any Qualified Public Offering and subject to the approval rights set forth in Section 4.5, in the event the Company identifies additional opportunities for investing in real estate properties or projects in the PRC, Blue Ridge China, EI and their respective Affiliates will consider in good faith providing all or a portion of any funding required for the investment up to an amount of $50,000,000 in such properties or projects through the Company, the WFOE, the Operating Company or any of their Subsidiaries, all on terms acceptable to Blue Ridge China, EI and their respective Affiliates in their sole discretion. In the event such investment is approved in accordance with Section 4.5, but Blue Ridge China, EI and their respective Affiliates determine not to provide such funding, Blue Ridge China and EI will use reasonable efforts to assist the Company in finding third party financing for such investment, all on terms acceptable to the Company, Blue Ridge China and EI. Notwithstanding the foregoing, Blue Ridge China, EI and their respective Affiliates shall have no liability to the Company or its Affiliates if Blue Ridge China and EI determine not to provide such funding, or if the Company is unable to obtain third party funding, for any such investment.

Additional Investments. (a) Medley shall have the right to call for DMI I to make one or more additional Capital Contributions into MSF I or MSF II at any time during the six (6) month period between the three (3) month anniversary of the Closing Date and the nine (9) month anniversary of the Closing Date (the “Investment Period”); provided that Medley in its sole discretion may opt to extend the Investment Period (and require one or more additional Capital Contributions) for a term of one additional month upon giving written notice thereof to DMI I. (b) Each Capital Contribution to be made by DMI I pursuant to this Section 3.2 shall be subject to the following conditions: (i) Each of the closing conditions set forth in Section 3.1(b) above shall be satisfied as of the Drawdown Date; (ii) The aggregate amount specified by Medley to be contributed by DMI I in any individual Drawdown Notice shall not be less than $5,000,000; (iii) The amount of such additional Capital Contributions that may be called down by Medley prior to the six (6) month anniversary of the Closing Date shall not exceed $12,000,000, such that the total amount of DMI I’s aggregate Capital Contributions to the Fund Share SPVs prior to such date shall not exceed $24,000,000; (iv) The total aggregate amount of DMI I’s Capital Contributions under this Section 3.2 shall not exceed $28,000,000 (the “Additional Fortress Investment Amount”), such that DMI I’s total aggregate Capital Contributions to the Fund Share SPVs shall not exceed $40,000,000; and (v) Prior to or on the date of such Capital Contribution, Medley shall make an additional Capital Contribution to MSF I and/or MSF II, as the case may be, equal to at least 25% of the amount of DMI I’s Capital Contribution to such SPV, provided that the total aggregate amount of Medley’s Capital Contributions under this Section 3.2(b)(v) shall not exceed $7,000,000 (the “Additional Medley Investment Amount,” and, together with the Additional Fortress Investment Amount, the “Additional Investment Amount”), such that Medley’s total aggregate Capital Contributions to the Fund Share SPVs shall not exceed $10,000,000. (c) Medley shall cause the Additional Investment Amounts to be invested by the Fund Share SPVs in accordance with the following provisions: (i) Medley will cause any capital contributed to MSF II by Medley and DMI I pursuant to this Section 3.2 to be used acquire STRF Stock, provided that the total aggregate amount of capital that may be contributed to MSF II for ...