Common use of CDI Clause in Contracts

CDI. As of the Effective Date, the Company holds the securities listed on Schedule A attached hereto (and all contractual and other rights related to such securities) and CDI is the Class A Member. The parties agree and acknowledge that the aggregate fair market value of the assets possessed by the Company is $15,000,000 as of the Effective Date (and that CDI's Capital Contribution to the Company, and initial capital account balance with respect to the Company, shall therefore be $15,000,000). Such aggregate fair market value shall be allocated among the particular securities contained in the Portfolio as of the Effective Date as mutually agreed upon by CDI and the Manager. It is understood and agreed that the Company shall not assume any liabilities related to the securities and rights (other than obligations to pay the exercise prices of options, warrants and similar securities that have not yet been exercised and any other debts and obligations which are assumed by the Company with the approval of the Manager). CDI shall execute such documents, instruments of transfer and assignment and other writings, and take such further actions, as the Manager may reasonably request from time to time to fully vest the Company with the rights to the Portfolio.

CDI. As of the Effective Date, the The Company holds the certain securities listed on Schedule A attached hereto (and all contractual and other rights related to such securities) and CDI is the Class A Member. The parties agree and acknowledge that the initial aggregate fair market value of the assets possessed by the Company is was $15,000,000 as of the Effective Date (and that CDI's ’s Capital Contribution to the Company, and initial capital account balance with respect to the Company, shall was therefore be $15,000,000). Such aggregate fair market value shall was allocated, and will continue to be allocated allocated, among the particular securities contained in the Portfolio as of the Effective Date as mutually agreed upon by CDI and the Manager. It is understood and agreed that the Company shall not assume any liabilities related to the securities and rights (other than obligations to pay the exercise prices of options, warrants and similar securities that have not yet been exercised and any other debts and obligations which are assumed by the Company with the approval of the Manager). CDI shall execute such documents, instruments of transfer and assignment and other writings, and take such further actions, as the Manager may reasonably request from time to time to fully vest the Company with the rights to the Portfolio.