Common use of Return of Capital Clause in Contracts

Return of Capital. No Member shall be liable for the return of the Capital Contributions (or any portion thereof) of any other Member, it being expressly understood that any such return shall be made solely from the assets of the Company. No Member shall be entitled to withdraw or receive a return of any part of its Capital Contributions or Capital Account, to receive interest on its Capital Contributions or Capital Account or to receive any distributions from the Company, except as expressly provided for in this Agreement or under applicable law. No Member shall have any obligation to restore any negative balance in its Capital Account.

Appears in 9 contracts

Samples: Limited Liability Company Agreement, Limited Liability Company Agreement (ACP Watermark Investment LLC), Limited Liability Company Agreement (Strategic Realty Trust, Inc.)

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Return of Capital. No The Member shall be liable for the return of the Capital Contributions (or any portion thereof) of any other Member, it being expressly understood that any such return shall be made solely from the assets of the Company. No Member shall not be entitled to withdraw have any Capital Contribution or receive a return of any part of its Additional Capital Contributions or Capital Account, Contribution returned to receive interest on its Capital Contributions or Capital Account it or to receive any distributions from the Company except in accordance with the express provisions of this Agreement. No unrepaid Capital Contribution or Additional Capital Contribution shall be deemed or considered to be a liability of the Company, except as expressly provided for in this Agreement any Manager or under applicable law. No Member shall have any obligation to restore any negative balance in its Capital Accountthe Member.

Appears in 9 contracts

Samples: Operating Agreement (RAC Mexico Holdings II, LLC), Operating Agreement (RAC Mexico Holdings II, LLC), Operating Agreement (RAC Mexico Holdings II, LLC)

Return of Capital. No Member shall be liable for the return of the Capital Contributions (or any portion thereof) of any other Member, it being expressly understood that any such return shall be made solely from the assets of the Company. No Member shall be entitled to withdraw or receive a return of have any part of its Capital Contributions or Capital Account, Contribution returned to receive interest on its Capital Contributions or Capital Account it or to receive any distributions from the CompanyCompany upon withdrawal or otherwise, except as expressly provided for in accordance with the express provisions of this Agreement Agreement. No unrepaid Capital Contribution shall be deemed or under applicable lawconsidered to be a liability of the Company or any Member. No Member shall have be required to contribute any obligation cash or property to restore the Company to enable the Company to return any negative balance in its Member’s Capital AccountContribution.

Appears in 9 contracts

Samples: Limited Liability Company Agreement (Paulsboro Natural Gas Pipeline Co LLC), Operating Agreement (Sunoco LP), Operating Agreement (Energy Transfer Partners, L.P.)

Return of Capital. No Member shall be liable have the right to demand a return of such Member’s Capital Contributions (or the balance of such Member’s Capital Account). Further, no Member has the right (i) to demand and receive any distribution from the Company in any form other than cash or (ii) to bring an action of partition against the Company or its property. Neither the Members nor the Management Committee shall have any personal liability for the return repayment of the Capital Contributions (from Members. No Member is required to contribute or to lend any portion thereof) of cash or property to the Company to enable the Company to return any other Member, it being expressly understood that any such return shall be made solely from the assets of the Company. No Member shall be entitled to withdraw or receive a return of any part of its ’s Capital Contributions or Capital Account, to receive interest on its Capital Contributions or Capital Account or to receive any distributions from the Company, except as expressly provided for in this Agreement or under applicable law. No Member shall have any obligation to restore any negative balance in its Capital AccountContributions.

Appears in 7 contracts

Samples: Limited Liability Company (Williams Partners L.P.), Purchase and Sale Agreement (Williams Partners L.P.), Limited Liability Company Agreement (Williams Partners L.P.)

Return of Capital. No Except as otherwise provided in this Agreement, no Member or Unit Holder shall be liable for entitled to the return of the Member’s or Unit Holder’s Capital Contributions (to the Company or any portion thereof) distribution from the Company. No Manager shall have any personal liability for the repayment of the Capital Contributions made by any other MemberMember or Unit Holder, it being expressly understood agreed that any such return of Capital Contributions or Profits shall be made solely from the assets of the Company. No Member shall be entitled to withdraw or receive a return of any part of its Capital Contributions or Capital Account, to receive interest on its Capital Contributions or Capital Account or to receive any distributions from the Company, except as expressly provided for in this Agreement or under applicable law. No Member shall have any obligation to restore any negative balance in its Capital Account.

Appears in 5 contracts

Samples: Letter Agreement (Bioceres S.A.), Letter Agreement (Bioceres S.A.), Letter Agreement (Bioceres S.A.)

Return of Capital. No Member shall be personally liable for the return of the Capital Contributions (of any other Members, or any portion thereof) of any other Member, it being expressly understood that any such return shall be made solely from the assets of the Company. No Member shall be entitled to withdraw or receive a return of any part of its Capital Contributions or Capital Account, to receive interest on its Capital Contributions or Capital Account or to receive any distributions from the Company, except as expressly provided for in this Agreement or under applicable law. No Member shall have any obligation to restore any negative balance in its Capital AccountCompany assets.

Appears in 4 contracts

Samples: Limited Liability Company Agreement (Consolidated Container Co LLC), Limited Liability Company Agreement (Dean Foods Co), Limited Liability Company Agreement (Consolidated Container Co LLC)

Return of Capital. No Member shall be liable for the return of the Capital Contributions (or any portion thereof) of any other Member, it being expressly understood that any such return shall be made solely from the assets of the Company. No Member shall be entitled to withdraw or receive a return of have any part of its Capital Contributions or Capital Account, capital contribution returned to receive interest on its Capital Contributions or Capital Account it or to receive any distributions distribution from the CompanyCompany upon withdrawal or otherwise, except as expressly provided for in accordance with the express provisions of this Agreement Agreement. No unreturned capital contribution shall be deemed or under applicable lawconsidered to be a liability of the Company or any Member. No Member shall have be required to contribute any obligation cash or property to restore the Company to enable the Company to return any negative balance in its Capital AccountMember’s capital contribution.

Appears in 4 contracts

Samples: Limited Liability Company Agreement (GoDaddy Inc.), Limited Liability Company Agreement (GoDaddy Inc.), Limited Liability Company Agreement (GoDaddy Inc.)

Return of Capital. No Member shall be liable for the return of the Capital Contributions (or any portion thereof) of any other Member, it being expressly understood that any such return shall be made solely from the assets of the Company. No Member shall be is entitled to withdraw or resign from the Company, to receive a return of any part of its Capital Contributions the Member's capital contribution, to receive any distribution, or to receive a repayment of any balance in the Member's Capital Account, to receive interest on its Capital Contributions or Capital Account or to receive any distributions from the Companyas defined in Section 3.1, below, except as expressly provided for in this Agreement or under applicable lawAgreement. No Member shall have has the right to demand that distributions be in kind. No Member will be paid interest on any obligation to restore any negative balance in its capital contribution or on the Member's Capital Account.

Appears in 4 contracts

Samples: Operating Agreement, Operating Agreement, Operating Agreement

Return of Capital. No Member shall be liable for the return of the Capital Contributions (or any portion thereof) of any other Member, it being expressly understood that any such return shall be made solely from the assets of the Company. No Member shall be entitled to withdraw or receive a return of any part of its Capital Contributions or Capital Account, to receive interest on its Capital Contributions or Capital Account or to receive any distributions from the Company, except as expressly provided for in this Agreement or under applicable law. No Member shall have any obligation to restore any negative balance in its Capital Account.

Appears in 3 contracts

Samples: Limited Liability Company Operating Agreement (Lightstone Real Estate Income Trust Inc.), Limited Liability Company Agreement (United Realty Trust Inc), Operating Agreement (Interstate Hotels & Resorts Inc)

Return of Capital. No Member shall be personally liable for the return of the Capital Contributions (of any other Member, or any portion thereof) of any other Member, it being expressly understood that any such return shall be made solely from the assets of the Company. No Member shall be entitled to withdraw or receive a return of any part of its Capital Contributions or Capital Account, to receive interest on its Capital Contributions or Capital Account or to receive any distributions from the Company, except as expressly provided for in this Agreement or under applicable law. No Member shall have any obligation to restore any negative balance in its Capital AccountCompany assets.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (New Home Co LLC), Limited Liability Company Agreement (New Home Co LLC), Limited Liability Company Agreement (KFX Inc)

Return of Capital. No Member shall be liable for the return of the Capital Contributions (or any portion thereof) of any other Member, it being expressly understood that any such return shall be made solely from the assets of the Company. No Member shall be entitled to withdraw or receive a return of any part of its Capital Contributions or Capital Account, to receive interest on its Capital Contributions or Capital Account or to receive any distributions from the Company, except as expressly provided for in this Agreement or under applicable lawAgreement. No Member shall have any obligation to restore any negative or deficit balance in its Capital AccountAccount at any time including upon liquidation and dissolution of the Company.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (Behringer Harvard Opportunity REIT II, Inc.), Limited Liability Company Agreement (Behringer Harvard Opportunity REIT II, Inc.), Limited Liability Company Agreement (Behringer Harvard Opportunity REIT II, Inc.)

Return of Capital. No Member shall be liable for the return of the Capital Contributions (or any portion thereof) of any other Member, it being expressly understood that any such return shall be made solely from the assets of the Company. No Member shall be entitled to withdraw or receive a return of any part of its Capital Contributions or Capital Account, to receive interest on its Capital Contributions or Capital Account or to receive any distributions from the Company, except as expressly provided for in this Agreement or under applicable law. No Member shall have any obligation to restore liability for the return of any negative balance Member’s Capital Contributions. A Member shall not receive out of the Company’s property all or any part of such Member’s Capital Contributions except as provided in its Capital AccountSections 5.1 and 5.2 hereof.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (American Retirement Corp), Limited Liability Company Agreement (American Retirement Corp), Limited Liability Company Agreement (American Retirement Corp)

Return of Capital. No Member shall be liable for the return of the Capital Contributions capital contributions (or any portion thereof) of any other Member, it being expressly understood that any such return shall be made solely from the assets of the Company. No Member shall be entitled to withdraw or receive a return of any part of its such Member’s Capital Contributions or Capital Account, to receive interest on its such Member’s Capital Contributions or Capital Account or to receive any distributions from the Company, except as expressly provided for in this Agreement or under applicable law. No Member shall have any obligation to restore any negative balance the Act as then in its Capital Accounteffect.

Appears in 2 contracts

Samples: Operating Agreement, Operating Agreement

Return of Capital. No Member shall be personally liable for the return of the Capital Contributions (of the other Member, or any portion thereof) of any other Member, it being expressly understood that any . Any such return shall be made solely from the assets of the Company. No Member shall be entitled to withdraw or receive a return of any part of its Capital Contributions or Capital Account, to receive interest on its Capital Contributions or Capital Account or to receive any distributions from the Company, except as expressly provided for in this Agreement or under applicable law. No Member shall have any obligation to restore any negative balance in its Capital AccountCompany assets.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Cr Resorts Capital S De R L De C V)

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Return of Capital. No Member shall be liable for the return of the Capital Contributions (or any portion thereof) of any other Member, it being expressly understood that any such return shall be made solely from the assets of the Company. No Member shall be entitled to withdraw or receive a return of any part of its Capital Contributions or Capital Account, to receive interest on its Capital Contributions or Capital Account or to receive any distributions from the Company, except as expressly provided for in this Agreement or under applicable law. No Member shall have any obligation to restore any negative or deficit balance in its Capital Account.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Behringer Harvard Opportunity REIT II, Inc.)

Return of Capital. No Member shall be liable for the return of the Capital Contributions (or any portion thereof) of any other Member, it being expressly understood that any such return shall be made solely from the assets of the Company. No Member shall be entitled to withdraw or receive a return of any part of its Capital Contributions or Capital Account, to receive interest on its Capital Contributions or Capital Account or to receive any distributions from the Company, except as expressly provided for in this Agreement or under applicable law. No Member shall have any obligation to restore any negative balance in its Capital Account.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Prime Group Realty Trust)

Return of Capital. No Member shall be liable for the return of the Capital Contributions capital contributions (or any portion thereof) of any other Member, it being expressly understood that any such return shall be made solely from the assets of the Company. No Member shall be entitled to withdraw or receive a return of any part of its such Member’s Capital Contributions or Capital Account, to receive interest on its such Member’s Capital Contributions or Capital Account or to receive any distributions from the Company, except as expressly provided for in this Agreement or under applicable law. No Member shall have any obligation to restore any negative balance a nonwaivable provision of the Act as then in its Capital Accounteffect.

Appears in 1 contract

Samples: Operating Agreement

Return of Capital. No Member shall be liable for the ----------------- return of the Capital Contributions (or any portion thereof) of any other Member, it being expressly understood that any such return shall be made solely from the assets of the Company. No Member shall be entitled to withdraw or receive a return of any part of its Capital Contributions or Capital Account, to receive interest on its Capital Contributions or Capital Account or to receive any distributions from the Company, except as expressly provided for in this Agreement or under applicable law. No Member shall have any obligation to restore any negative or deficit balance in its Capital AccountAccount upon liquidation or dissolution of the Company.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Nationwide Health Properties Inc)

Return of Capital. No Member shall will be personally liable for the ----------------- return of the Capital Contributions (of the Members, or any portion thereof) of any other Member, it being expressly understood that any such return shall will be made solely from the assets of the Company. No Member shall be entitled to withdraw or receive a return of any part of its Capital Contributions or Capital Account, to receive interest on its Capital Contributions or Capital Account or to receive any distributions from the Company, except as expressly provided for in this Agreement or under applicable law. No Member shall have any obligation to restore any negative balance in its Capital Account's assets.

Appears in 1 contract

Samples: Operating Agreement (Maxwell Shoe Co Inc)

Return of Capital. No Member Member, including the Managing Member, shall be liable for the return of the Capital Contributions (or any portion thereof) of any other Member, it being expressly understood that any such return shall be made solely from the assets of the Company. No Member shall be entitled to withdraw or receive a return of any part of its Capital Contributions or Capital Account, to receive interest on its Capital Contributions or Capital Account or to receive any distributions from the Company, except as expressly provided for in this Agreement or under applicable law. No Member shall have any obligation to restore any negative or deficit balance in its Capital Account.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Behringer Harvard Opportunity REIT II, Inc.)

Return of Capital. No Member shall be personally liable for the return of the Capital Contributions (of any other Member or any portion thereof) of any other Member, it being expressly understood that any such return shall be made solely from the assets of the Company. No Member shall be entitled to withdraw or receive a return of any part of its Capital Contributions or Capital Account, to receive interest on its Capital Contributions or Capital Account or to receive any distributions from the Company, except as expressly provided for in this Agreement or under applicable law. No Member shall have any obligation to restore any negative balance in its Capital AccountCompany assets.

Appears in 1 contract

Samples: Operating Agreement (Lighting Science Group Corp)

Return of Capital. No Member shall will be personally liable for the return of the Capital Contributions (of the Members, or any portion thereof) of any other Member, it being expressly understood that any such return shall will be made solely from the assets of the Company. No Member shall be entitled to withdraw or receive a return of any part of its Capital Contributions or Capital Account, to receive interest on its Capital Contributions or Capital Account or to receive any distributions from the Company, except as expressly provided for in this Agreement or under applicable law. No Member shall have any obligation to restore any negative balance in its Capital Account's assets.

Appears in 1 contract

Samples: Operating Agreement (Willis Lease Finance Corp)

Return of Capital. No Member shall be liable for the return of the Capital Contributions (or any portion thereof) of any other Member, it being expressly understood that any such return shall be made solely from the assets of the Company. No Member shall be entitled to withdraw or receive a return of any part of its Capital Contributions or Capital Account, to receive interest on its Capital Contributions or Capital Account or to receive any distributions from the Company, except as expressly provided for in this 35 Agreement or under applicable law. No Member shall have any obligation to restore any negative balance in its Capital Account.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Hudson Pacific Properties, Inc.)

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