Trigger for Return of Investment Amount Sample Clauses

Trigger for Return of Investment Amount. If by the last day of the Offering Period, the Company has failed to obtain executed Subscription Agreements with an aggregate Investment Amount of at least $1,000,000, then the Company shall instruct the Escrow Agent to return to the Purchaser an amount equal to the Purchaser’s Investment Amount to the Purchaser pursuant to the terms set forth in the Escrow Agreement.
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Trigger for Return of Investment Amount. If by July 28, 2010, the Company has failed to obtain executed Subscription Agreements with an aggregate Investment Amount of at least $750,000, then the Company shall instruct the Escrow Agent to return to the Subscriber an amount equal to the Subscriber’s Investment Amount to the Subscriber pursuant to the terms set forth in the Escrow Agreement. In the event that the Company has provided Closing Notice to the Subscriber and is nonetheless obligated to return funds to Subscriber pursuant to this Section 2(e), the Subscriber shall be deemed to have authorized the Company to take all steps necessary to terminate Subscriber’s Units in the Company and Subscriber shall execute any documents provided by the Company to effect such termination. If the Company does not accept the subscription of the Subscriber within 45 days after Subscriber’s Payment, Subscriber may, at Subscriber’s sole discretion, provide written notice to the Company to return Subscriber’s payment (the “Return Notice”). The Company shall, within 3 business days of receipt of the Return Notice, instruct Escrow Agent to return the Subscriber’s Payment to Subscriber.
Trigger for Return of Investment Amount. If by July 7, 2009, the Company has failed to obtain executed Subscription Documents with an aggregate Investment Amount of at least $200,000, then the Company shall return to the Subscriber an amount equal to the Subscriber’s Investment Amount. In the event that the Company has provided a Closing Notice to the Subscriber and is nonetheless obligated to return funds to Subscriber pursuant to this Section 2(d), the Subscriber shall be deemed to have authorized the Company to take all steps necessary to terminate Subscriber’s Units in the Company and Subscriber shall execute any documents provided by the Company to effect such termination. If the Company does not accept the subscription of the Subscriber within 45 days after Subscriber’s Payment, Subscriber may, at Subscriber’s sole discretion, provide written notice to the Company to return Subscriber’s payment (the “Return Notice”). The Company shall, within 5 business days of receipt of the Return Notice return the Subscriber’s Payment to Subscriber.

Related to Trigger for Return of Investment Amount

  • Cash Flow Leverage Ratio The Borrower will not permit the Cash Flow Leverage Ratio on the last day of any fiscal quarter to exceed 3.50 to 1.00.

  • NET INVESTMENT FACTOR The Net Investment Factor for any Subaccount as of the end of any Valuation Period is determined by dividing (1) by (2) and subtracting (3) from the result, where:

  • Maximum Consolidated Leverage Ratio As of the last day of each Fiscal Quarter of the Borrower (commencing with the Fiscal Quarter ending March 31, 2018), the Borrower shall not permit the Consolidated Leverage Ratio to be greater than 0.60 to 1.00.

  • Minimum Interest Coverage Ratio The Borrowers shall not permit the Interest Coverage Ratio, calculated as of the end of each fiscal quarter for the four fiscal quarters then ended, to be less than 3.50 to 1.00.

  • Adjusted Leverage Ratio The Borrower shall not permit the Adjusted Leverage Ratio as at the end of any Fiscal Quarter to be greater than the following for the respective periods set forth below: Period Adjusted Leverage Ratio Closing Date to and including March 27, 2004 3.75:1.00 March 28, 2004 to and including June 26, 2004 4.75:1.00 June 27, 2004 to and including July 2, 2005 5.60:1:00 July 3, 2005 and any time thereafter 5.25:1.00

  • Minimum Consolidated Adjusted EBITDA The Borrowers will maintain, as of the last day of each Fiscal Quarter commencing with the Fiscal Quarter ending December 31, 2009, Consolidated Adjusted EBITDA for the four Fiscal Quarters then ended of not less than $22,500,000.

  • Designation, Amount and Par Value The series of preferred stock shall be designated as the Series D 5% Convertible Preferred Stock (the "Preferred Stock"), and the number of shares so designated and authorized shall be Three Thousand (3,000). Each share of Preferred Stock shall have a par value of $0.0001 per share and a stated value of $1,000 per share (the "Stated Value").

  • Minimum Consolidated Interest Coverage Ratio Permit the Consolidated Interest Coverage Ratio as of the end of any fiscal quarter of the Borrower to be less than 3.25 to 1.00.

  • Maximum Consolidated Total Leverage Ratio The Borrower will cause the Consolidated Total Leverage Ratio to be less than (a) 4.00 to 1.00 at all times during the period from the Effective Date to and including December 30, 2009, (b) 3.75 to 1.00 at all times during the period from December 31, 2009 to and including December 30, 2010 and (c) less than 3.50 to 1.00 at all times thereafter.

  • Net Leverage Ratio Subject to the proviso set forth in Section 10.3, the Company will not permit the Consolidated Net Leverage Ratio at any time during any period of four consecutive fiscal quarters of the Company to be greater than (a) 3.50 to 1.00 or (b) during an Acquisition Holiday Period, 4.00 to 1.00.

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