Additional Capital Contributions by Members. Except as provided in Section 3.1, no Member shall be required to make any additional Capital Contributions to the Company.
Additional Capital Contributions by Members. (a) If, at any time, the Board determines that the Company is in need of additional capital, then, with the prior written consent of each Member, each Member shall be obligated to contribute in cash such capital, subject to the limitations contained in this Section 5.2 or elsewhere in this Agreement, pro rata in accordance with its Sharing Ratio in effect at the time of such contribution.
(b) Except as set forth in this Section 5.2, no Member will be (i) permitted to make additional Capital Contributions to the Company without the prior approval of the Board or (ii) required to make additional Capital Contributions to the Company.
Additional Capital Contributions by Members. The Members may, by majority Vote in interest of LLC Units, raise additional capital by issuing additional LLC Units to existing members in exchange for capital contributions specified by resolution.
Additional Capital Contributions by Members. 3.2.1 No Member shall be (a) required or (b) except as provided in this Paragraph 3.2 or as otherwise approved by a Majority in Interest, permitted, to make any additional Capital Contributions to the Company.
3.2.2 If the Board determines that the Follow-On Subscription (as defined below) is needed prior to November 15, 1999, then the Company shall provide written notice thereof to ONRP (the "Follow-On Subscription Notice"). On the earlier of (a) November 15, 1999 or (b) five days after its receipt of the Follow-On Subscription Notice, ONRP shall make an additional Capital Contribution of $10.0 million in consideration of the issuance of 373,483 Non-Voting Common Interests (the "Follow-On Subscription"), provided, however, that ONRP shall have no obligation to make the Follow-On Subscription unless (a) Retail Sponsor has, in all material respects, complied with its obligations under the Operating Agreements and (b) the representations and warranties of the Company and Retail Sponsor contained in the Subscription Agreement are true and correct at the time the Follow-On Subscription is consummated.
3.2.3 In the event of any future equity financing by the Company, including an initial public offering of equity securities by the Company, but excluding the Follow-On Subscription, (each, a "Subsequent Financing"), each of the Members shall have the right to subscribe, to the extent of its then-current Ownership Percentage, to such Subsequent Financing unless in the case of any such Subsequent Financing that is an underwritten public offering of common stock, (a) the managing underwriter in connection with such Subsequent Financing advises that a full or partial waiver of such right is required in order to consummate such Subsequent Financing and (b) such waiver would not materially prejudice either Retail Sponsor or ONRP. In the event of any future equity financing by XX.xxx or any other Subsidiary of the Company, each of the Members shall be afforded the ratable right to purchase additional Non-Voting Common Interests or Non-Voting Preferred Interests (which shall be determined based on the type of Membership Interests already owned by each such Member) in the Company in an amount sufficient to permit the Company to purchase a sufficient number of equity securities of XX.xxx or such other Subsidiary to permit the Company to maintain its ratable ownership percentage therein.
Additional Capital Contributions by Members. (i) Following the Effective Date, upon the Company’s receipt of any notice pursuant to the Jackalope LLC Agreement specifying that the Company is required to make a Required Jackalope Contribution, the Company will, within one Business Day following the Company’s receipt of such notice, forward such notice to the Crestwood Member and the EFS Member and specify in writing (such communication, the “Capital Call Notice”) (x) the amount of such Required Jackalope Contribution required to be funded by each of the Crestwood Member and the EFS Member through contributions to the Company, as determined in accordance with Section 4.01(c)(iii), and (y) the date on which such contributions are due to the Company (which date will not be less than four Business Days after the date of the Company’s delivery of the Capital Call Notice).
(ii) Following the Company’s commencement of any Agreed Midstream Services, at least five Business Days prior to the first day of each calendar month, the Managing Member shall deliver to the Crestwood Member and the EFS Member a written notice setting forth the aggregate amount of Required Non-Jackalope Contributions required to be funded by each of the Crestwood Member and the EFS Member, as determined in accordance with Section 4.01(c)(iii), for the applicable calendar month, which contributions shall be made by each of the Crestwood Member and the EFS Member on or before the first day of such calendar month.
(iii) The EFS Member will be required to fund 75% of all Required Jackalope Contributions and Required Non-Jackalope Contributions (each such required contribution, an “EFS Additional Capital Contribution”) and the Crestwood Member will be required to fund 25% of all Required Jackalope Contributions and Required Non-Jackalope Contributions (each such required contribution, a “Crestwood Additional Capital Contribution”); provided, however, that the Crestwood Member will be required to fund 100% of any Required Jackalope Contribution and Required Non-Jackalope Contribution, and the EFS Member will have no further obligation to make any further Capital Contributions to the Company, once the EFS Member has made aggregate Capital Contributions to the Company, including the Initial EFS Capital Contribution, all EFS Additional Capital Contributions and any Deficiency Contributions, at least equal to the Maximum EFS Contribution Obligation (each such Capital Contribution, a “Post-EFS Maximum Contribution”); provided further, however, that...
Additional Capital Contributions by Members. Each Member shall be allocated an interest in the 6,081,385 shares of Chicago Pizza & Brewery, Inc. as set forth in Exhibit "A" (with a Member's allocable interest in the Shares referred to as an "Allocable share")."
Additional Capital Contributions by Members. 3.2.1 No Member nor any other person or persons shall be obligated to guarantee any Company borrowings. Any amount paid by a Member (or any stockholder, officer, director, partner, member, subsidiary or agent thereof) pursuant to a guarantee of Company debt shall be accounted for as a permitted Member loan to the Company bearing interest at the Prime Rate plus two percent (2%) per annum, but not to exceed the maximum permissible rate under applicable usury laws.
3.2.2 The Members shall use their commercially reasonable best efforts to obtain on behalf of the Company a construction loan of approximately $12 million (the "CONSTRUCTION LOAN"), the proceeds of which shall be used to construct the On-Site Improvements and pay certain related costs and expenses. TRC shall contribute to the Company or pay all additional funds required to complete the Off-Site Improvements, and all funds contributed and paid by it for such purposes, up to but not in excess of $1,366,000, shall be considered Capital Contributions pursuant to this Section 3.2.2, provided, however, that all costs and expenses incurred by TRC to secure water availability and construct water and wastewater treatment, storage, collection, and transmission facilities to the boundary of the Land, which the Members believe will be approximately $2,000,000, shall be for TRC's own account, shall not be
Additional Capital Contributions by Members. No Member shall be required to make any additional Capital Contribution. The Directors, in accordance with section 5.1.1, may permit the Members to make additional Capital Contributions from time to time in amounts and on terms and conditions (including equitable adjustments in the Percentage Interests) deemed appropriate by the Directors; provided that, except as provided in section 3.4, if any Member is permitted to make an additional Capital Contribution, all Members shall be permitted to make at the same time additional Capital Contributions on the same terms and conditions in proportion to their Percentage Interests.
Additional Capital Contributions by Members. 3.2.1 No Member shall be (a) required or (b) except as provided in this Paragraph 3.2 or as otherwise approved by a Majority in Interest, permitted, to make any additional Capital Contributions to the Company.
3.2.2 ONRP shall make an additional Capital Contribution of $5,137,758 in consideration of the issuance of an additional 5,242,610 Non-Voting Common Interests and Retail Sponsor shall make an additional Capital Contribution of $6,862,242 in consideration of the issuance of an additional 7,002,288 Non- Voting Preferred Interests (the "Third Subscription"), all of which interests ------------------ are hereby authorized, provided, however, that neither ONRP nor Retail Sponsor shall have the obligation to make the Third Subscription unless (a) the other Member has, in all material respects, complied with its obligations under the Operating Agreements and (b) the representations and warranties of the Company and the other Member contained in the Third Subscription Agreement are true and correct at the time the Subscription is consummated. The Capital Contributions to be made by ONRP and Retail Sponsor pursuant to this Paragraph 3.2.2 shall be made in three monthly installments, the first of which shall occur on March __, 2000, the amount of each installment shall be determined by the Board, provided that each Capital Contribution installment made by ONRP and Retail Sponsor shall be made in the same proportion as the aggregate total Capital Contribution required by each party pursuant to this Paragraph 3.
Additional Capital Contributions by Members. No Member shall be required to make any additional Capital Contributions to the Company, and no Member shall be permitted to make any additional Capital Contributions to the Company without the consent of the Board of Directors. In the event that any Capital Contributions are made by any Member or any other Person who becomes a Member as a result thereof (each, an “Additional Member” and, collectively, the “Additional Members”), the Company shall be authorized to issue additional Common Units to such Member or Additional Member on such terms and conditions and for such Capital Contributions as the Board of Directors and such Member or Additional Member may agree. As a condition to being admitted as a Member of the Company, each Additional Member shall execute an agreement to be bound by the terms and conditions of this Agreement.
