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1. (WO2012174138) FUNDING CAPITAL PROJECTS
Note: Text based on automatic Optical Character Recognition processes. Please use the PDF version for legal matters

WHAT IS CLAIMED IS:

1. A process by which a Parent obtains capital financing, the process comprising:

(a) formation by the Parent, or formation, on behalf of the Parent, for the benefit of the Parent, or in concert with the Parent, by an Other Stakeholder, of (i) an Investment Fund that issues securities to third party investors, and (ii) a Project Entity that issues securities to the Investment Fund, each of which is managed and/or controlled by the Parent and/or the Other Stakeholder; and

(b) using a computer to perform one or more of the following functions: store information consisting of the identity of the investors in the Fund and their respective interests in the securities issued by the Fund and prepare information relating to such investments for such investors, and/or to communicate such information to such investors as agreed upon among the Fund and its investors,

store information consisting of the nature and amount of the investments of the Fund, and store and determine or calculate data relating to such investments such as amounts paid or payable with respect to such investments,

collect and store accounting data, and generate accounting statements, in each case in accordance with applicable standards in respect of the operations of the Fund,

store information consisting of the nature and amount of the securities issued by the Project Entity, and store and determine or calculate data relating to such securities such as amounts paid or payable with respect to such securities,

collect and store accounting data, and generate accounting statements, in each case in accordance with applicable standards in respect of the operations of the Project Entity,

obtain and store information consisting of the amount of product

manufactured during a given period, the costs relating to such products, the revenue relating to such products, and such other operational data as is customarily obtained and stored in a manufacturing operation,

calculate, store and disseminate to the Project Entity and/or the Fund, in respect of such given period, performance information relating to the operations of the Project Entity consisting of total profit, profit margin, total expenses, and such other performance information as is customarily calculated in a manufacturing operation,

calculate and store, in respect of the operations of the Project Entity during such given period, amounts payable to the Fund, parties entitled to royalty payments, the Parent and its Affiliates, and other parties,

calculate taxes due by the Project Entity, the Fund, the Parent and their respective Affiliates, in respect of the operations of the Project Entity,

engineer improvements to technologies or operations of the Project Entity to improve the performance of the operations of the Project Entity during future periods,

derive projections with respect to the performance of the operations of the Project Entity during future periods, and/or

track and manage the Project Entity's inventory of raw materials, work in progress and finished products.

2. The process of claim 1 wherein proceeds of the issuance of securities to the investors are used by the Fund to acquire the securities issued by the Project Entity.

3. The process of claim 1 or 2 wherein there are a plurality of said third party investors, and the Fund serves to aggregate the investments made by the investors.

4. The process of claim 1, 2 or 3 further comprising the Project Entity causing one or more manufacturing facilities to be built using the proceeds from the issuance of its securities to the Fund.

5. The process of any one of the above claims, further comprising formation, by the Parent of a Fund Manager which manages the Fund and which is managed or controlled by the Parent.

6. The process of any one of the above claims wherein the Parent has Protected Technology and the process further comprises the Parent entering into a license or other agreement with the Project Entity conferring a right to use such Protected Technology to the Project Entity.

7. The process of claim 6 further comprising the Project Entity

manufacturing one or more products embodying the Protected Technology.

8. The process of claim 7 further comprising the Project Entity paying royalties on sales of such products to Parent under the license or agreement.

9. The process of any one of the above claims further comprising

incorporating investment parameter provisions into one or more agreements and/or instruments among the Fund and its investors, which investment parameter provisions would limit the general authority of the Entity managing or controlling the Fund to cause and direct the Fund to make investments.

10. The process of any one of the above claims further comprising incorporating capital call provisions into one or more agreements and/or instruments among the Fund and its investors.

11. The process of any one of the above claims wherein the Parent invests in the Fund and/or in the Project Entity.

12. The process of any one of the above claims wherein the Parent and/or employees or equity owners of the Parent is/are compensated in connection with the offering of interests in the Fund or the conduct of the business of the Fund.

13. The process of any one of the above claims further comprising incorporating redemption provisions into one or more agreements and/or instruments among the Fund and its investors, which provide for the redemption of interests in the Fund held by an investor.

14. The process of any one of the above claims further comprising incorporating liquidation provisions into one or more of the agreements and/or instruments among the Fund and its investors.

15. The process of any one of the above claims further comprising incorporating provisions into one or more of the agreements and/or instruments among the Fund and its investors that restrict the right of an investor to transfer all or a portion of its interest in the Fund.

16. The process of any one of the above claims wherein the obligations of the Fund pursuant to the securities issued by the Fund are Collateralized by specified assets of the Fund and/or the Project Entity.

17. The process of any of the above claims wherein the obligations of the Project Entity pursuant to the securities issued by the Project Entity are

Collateralized by specified assets (either by listing such specified assets or by specifying all assets subject to a list of exceptions) of the Project Entity.

18. The process of claim 16 or 17 wherein the assets comprise tangible assets.

19. The process of claim 16 wherein the Fund is structured so that technology of the Parent is not Collateralized to secure investments in the Fund.

20. The process of any one of the above claims wherein the Project Entity is intended to be bankruptcy remote and accordingly has at least one operating requirement that establishes separateness of the Project Entity from one or more separate business Entities.

21. The process of any one of the above claims wherein the securities purchased by the Fund incorporate terms whereby the Fund participates in the profits of the Parent or is otherwise entitled to returns based in whole or in part on the performance of the Parent.

22. The process of any one of the above claims wherein the Parent forms a series of Funds.

23. The process of any one of the above claims wherein the Parent forms a series of Project Entities.

24. The process of any one of the above claims wherein the offering by the Fund of interests in the Fund is made in an offering that is not a public offering.

25. The process of any one of the above claims wherein the offering by the Fund of interests in the Fund is made in an offering that is a public offering.

26. The process of any one of the above claims wherein the Fund offers benefits to charitable or philanthropic investors.

27. The process of any one of the above claims wherein all or a portion of cash available for distribution by the Fund is used for charitable or philanthropic purposes.

28. The process of any one of the above claims wherein all or a portion of the product output of the Project Entities in which the Fund has an interest may be used for charitable or philanthropic purposes.

29. The process of any one of the above claims wherein a server is used to store and transmit information and data pertaining to the Fund and/or the Project Entity.

30. The process of any one or more of the above claims wherein the Fund utilizes a website to enable online transactions by the third party investors.

31. The process of any one or more of the above claims further comprising the Project Entity utilizing an Enterprise Resource Planning (ERP) system.

32. The process of claim 31 wherein the ERP system is used to record, store and analyze data pertaining to revenues, capital, inventories, and operating and other costs.

33. The process of any one of the above claims wherein the computer is used to store information consisting of the identity of the investors in the Fund and their respective interests in the securities issued by the Fund and prepare information relating to such investments for such investors, and/or to communicate such information to such investors as agreed upon among the Fund and its investors.

34. The process of any one of the above claims wherein the computer is used to store information consisting of the nature and amount of the investments of the Fund, and store and determine or calculate data relating to such investments such as amounts paid or payable with respect to such investments.

35. The process of any one of the above claims wherein the computer is used to collect and store accounting data, and generate accounting statements, in each case in accordance with applicable standards in respect of the operations of the Fund.

36. The process of any one of the above claims wherein the computer is used to store information consisting of the nature and amount of the securities issued by the Project Entity, and store and determine or calculate data relating to such securities such as amounts paid or payable with respect to such securities.

37. The process of any one of the above claims wherein the computer is used to collect and store accounting data, and generate accounting statements, in each case in accordance with applicable standards in respect of the operations of the Project Entity.

38. The process of any one of the above claims wherein the computer is used to obtain and store information consisting of the amount of product manufactured during a given period, the costs relating to such products, the revenue relating to such products, and such other operational data as is customarily obtained and stored in a manufacturing operation.

39. The process of any one of the above claims wherein the computer is used to calculate, store and disseminate to the Project Entity and/or the Fund, for a given period, performance information relating to the operations of the Project Entity consisting of total profit, profit margin, total expenses, and such other performance information as is customarily calculated in a manufacturing operation.

40. The process of any one of the above claims wherein the computer is used to calculate and store, in respect of the operations of the Project Entity during such given period, amounts payable to the Fund, parties entitled to royalty payments, the Parent and its Affiliates, and other parties.

41. The process of any one of the above claims wherein the computer is used to calculate taxes due by the Project Entity, the Fund, the Parent and their respective Affiliates, in respect of the operations of the Project Entity,

42. The process of any one of the above claims wherein the computer is used to assist the Project Entity with engineering improvements to technologies or operations of the Project Entity to improve the performance of the operations of the Project Entity during future periods.

43. The process of any one of the above claims wherein the computer is used to derive projections with respect to the performance of the operations of the Project Entity during future periods, and/or to track and manage the Project Entity's inventory of raw materials, work in progress and finished products.

44. The process of any of the above claims wherein the Project Entity will utilize Protected Technology of the Parent to manufacture a product.