2 minute read
4.7 Differentiators and Competitive Advantages
from Prospect
PROSPECTUS INFORMATION FOR ADITIONAL STRATEGIC INVESTORS
Simple Bonds Series “B” Issuance will not be conditioned to Parallel Vehicle(s) existence or to funds availability to perform Investments. However, ENERMAS LATINOAMÉRICA, as Coinvestor in a unique and exclusive manner, may establish Parallel Vehicles within the Effective Date of Convertible Participative Private Equity Investment Agreement as Debt Instrument.
Advertisement
3.1.18 THIRD PARTY CO-INVESTORS.
In addition to Private Equity Investment Fund as a Debt Instrument simultaneous Investments, ENERMAS LATINOAMÉRICA as Co-Investor, and if applicable, of Parallel Vehicles, at its discretion, may obtain additional resources with Third Party Co-Investors, who may co-invest with the Fund, on substantially similar terms, with or without Origination Expenses payment fees, on an exclusive basis, in those cases in which amounts transaction in question to an amount greater than amount allowed for investment by Private Equity Investment Fund and Third Party Co-investor, and if applicable, Parallel Vehicles, or these together, there is an additional added value contributed by the Third Party Co-investors, and/or it is otherwise convenient to perform Investment through Consortiums, Joint Venture, Cluster and/or Coinvestment.
Third Party Co-investors participation in respective Investments will be disclosed by Manager to Shareholders Series “B” as a relevant event. Manager shall ensure that Private Equity Investment Fund and the Third Party Co-Investors rights exercise with respect to Investments are exercised in a coordinated manner.
3.1.19 CONSIDERATION.
ENERMAS LATINOAMÉRICA, acts as Issuer and Manager which grants right to receive as services supply fees for Private Equity Investment Fund as a Debt Instrument Management and Operation under Convertible Participative Private Equity Investment Agreement as Debt Instrument terms; in which it is established that Shareholder must pay to Manager a Commission Fee and, if applicable, other Management Simple Bonds Series “B” Commissions described in section “III. Transaction Structure - 7. Manager Fees, Costs and Expenses - 7.1 Management Fees” of this Prospectus.
104
LATAM |
ENERMAS
|
3.1.20 VALIDITY AND TERMINATION.
Convertible Participative Private Equity Investment Agreement as Debt Instrument will remain in force with respect to each of the parties, until Agreement ends; date on which such Agreement will terminate and will cease to have any legal effects between the parties, with the understanding that ENERMAS LATINOAMÉRICA obligations and rights as Manager and under Convertible Participative Private Equity Investment Agreement as Debt Instrument will end until its outstanding obligations are exhausted as of end date. The termination of the obligations of ENERMAS LATINOAMÉRICA as Manager does not affect in any way the rights to claim and obtain from Private Equity Investment Fund as a Debt Instrument, any amounts owed to Manager, from time to time.