ADDITIONAL CAPITAL CONTRIBUTIONS OF THE MEMBERS Sample Clauses

ADDITIONAL CAPITAL CONTRIBUTIONS OF THE MEMBERS. (a) If the Managers determine that the amounts contributed to the Company by the Members with regard to the Initial Capital Contributions are insufficient to carry out the purposes of the Company, the Managers may request that the Members make Additional Capital Contributions to the Company. No Member shall be required to make any Additional Capital Contribution without the consent of all of the Members. (b) If any Member makes a payment directly to a creditor or another Member in satisfaction of any indebtedness of the Company pursuant to any indemnity, guaranty or contribution obligation of such Member which has been approved by the Managers in respect of Company indebtedness, or if any collateral interest granted by such Member to such creditor or other Member which has been approved by the Managers to secure any such indebtedness is foreclosed and the proceeds of such foreclosure are applied to reduce or satisfy such indebtedness and any foreclosure-related expenses, such Member shall be deemed to have made a permitted Additional Capital 7 Contribution equal to such amount and shall receive a credit to its Capital Account in the amount thereof.
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ADDITIONAL CAPITAL CONTRIBUTIONS OF THE MEMBERS. Upon the agreement of all of the Members, a Member shall make an additional Capital Contribution (an "Additional Capital Contributions"); provided, however, that the contribution obligation of Members under Section 7.5(h) hereof shall not require unanimous approval hereunder. The cash portion of any Additional Capital Contributions to the LLC shall be made by the Members by immediately available wire transfer payable to the order of the LLC or its designated agent. The Percentage Interests of the Members shall not be adjusted to reflect any Additional Capital Contribution without the written consent of all Members.
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ADDITIONAL CAPITAL CONTRIBUTIONS OF THE MEMBERS. Upon the written agreement of all of the Members, the Members shall make an additional Capital Contribution (an “Additional Capital Contributions”). Any Additional Capital Contributions to the Company shall be made by the Members by immediately available wire transfer payable to the order of the Company or its designated agent.
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ADDITIONAL CAPITAL CONTRIBUTIONS OF THE MEMBERS. (a) After the Initial Capital Contributions have been made to the Company, no Member shall have any obligation to contribute any additional capital to the Company except pursuant to a capital call that has been approved by all the Members. If at any time the Manager determines that additional funds are required by the Company to fund the anticipated cash needs of the Company, the Manager shall notify the Members in writing of such circumstance. Such notice (a "CONTRIBUTION NOTICE") shall set forth the total amount of money needed, the proposed use of such 19 funds, each Member's share of such amount determined in accordance with each Member's Capital Ratio, and the due date thereof, which shall be no earlier than thirty (30) days nor later than forty-five (45) days after the date on which such Contribution Notice is given. Each Member shall be deemed to have approved and consented to the recommendation of the Manager set forth in any Contribution Notice unless such Member notifies the Manager within fifteen (15) days of the Contribution Notice being given that such Member does not approve or consent to the additional capital call set forth in the Contribution Notice. (b) If any Member shall fail to make the Additional Capital Contribution required to be made by such Member by the due date thereof as provided in a Contribution Notice approved by all the Members, then the non-defaulting Member shall give the defaulting Member notice of its failure to so make such an Additional Capital Contribution as required in this Section 3.3 ("DEFAULT NOTICE"). If the defaulting Member has not cured the default within ten (10) days after the Default Notice is given (the "DEFAULT DATE") (i) by delivering to the Company payment in the amount set forth in such Default Notice or (ii) by curing such default by other means acceptable to the non-defaulting Member, the non-defaulting Member shall have the right to make the Additional Capital Contribution that the defaulting Member failed to make (the "DEFAULT CONTRIBUTION") by contributing to the Company an amount equal to the Default Contribution within ten (10) days after the Default Date. If the non-defaulting Member does not make the Default Contribution and has already made the Additional Capital Contribution required by the Contribution Notice, such Additional Capital Contribution shall be treated by the Company and the non-defaulting Member as a loan by the non-defaulting Member to the Company (in lieu of a Capital Contri...
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ADDITIONAL CAPITAL CONTRIBUTIONS OF THE MEMBERS. (a) A Member may make an optional Additional Capital Contribution to the Company at any time at the request of and upon receiving the consent of the Manager. No Member shall be required to make any Additional Capital Contribution unless such Member consents thereto. (b) If any Member makes a payment directly to a creditor or another Member in satisfaction of any indebtedness of the Company pursuant to any indemnity, guaranty or contribution obligation of such Member which has been approved by the Manager in respect of Company indebtedness, or if any collateral interest granted by such Member to such creditor or other Member which has been approved by the Manager to secure any such indebtedness is foreclosed and the proceeds of such foreclosure are applied to reduce or satisfy such indebtedness and any foreclosure-related expenses, such Member shall be deemed to have made a permitted Additional Capital Contribution equal to such amount, shall receive a credit to its Capital Account in the amount thereof.
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ADDITIONAL CAPITAL CONTRIBUTIONS OF THE MEMBERS. No Member shall be obligated to make any contributions to the capital of the Company. If the Manager determines that it is necessary to make a capital call, any Member electing in its discretion not to participate when other Members do participate shall be proportionately diluted by the additional capital contributed by participating Members. In lieu of making an additional Capital Contribution to the Company in cxxx, Xxxxx Dxxx xxx reduce any amounts due him from the Company under the Member Loan by the amount of any additional Capital Contribution due from him.
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ADDITIONAL CAPITAL CONTRIBUTIONS OF THE MEMBERS 
Sample 1
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Related to ADDITIONAL CAPITAL CONTRIBUTIONS OF THE MEMBERS

  • Additional Capital Contributions No Member shall be required to make additional capital contributions. A Member may make additional capital contributions to the Company.

  • Capital Contributions of the Partners (a) The General Partner and Initial Limited Partner have made the Capital Contributions as set forth in Exhibit A to this Agreement. (b) To the extent the Partnership acquires any property by the merger of any other Person into the Partnership or the contribution of assets by any other Person, Persons who receive Partnership Interests in exchange for their interests in the Person merging into or contributing assets to the Partnership shall become Partners and shall be deemed to have made Capital Contributions as provided in the applicable merger agreement or contribution agreement and as set forth in Exhibit A, as amended to reflect such deemed Capital Contributions. (c) Each Partner shall own Partnership Units in the amounts set forth for such Partner in Exhibit A and shall have a Percentage Interest in the Partnership as set forth in Exhibit A, which Percentage Interest shall be adjusted in Exhibit A from time to time by the General Partner to the extent necessary to reflect accurately exchanges, additional Capital Contributions, the issuance of additional Partnership Units or similar events having an effect on any Partner’s Percentage Interest. (d) The number of Partnership Units held by the General Partner, in its capacity as general partner, shall be deemed to be the General Partner Interest. (e) Except as provided in Sections 4.2 and 10.5, the Partners shall have no obligation to make any additional Capital Contributions or provide any additional funding to the Partnership (whether in the form of loans, repayments of loans or otherwise) and no Partner shall have any obligation to restore any deficit that may exist in its Capital Account, either upon a liquidation of the Partnership or otherwise.

  • No Additional Capital Contributions Except as otherwise provided in this Article V, no Partner shall be required to make additional Capital Contributions to the Partnership without the consent of such Partner or permitted to make additional capital contributions to the Partnership without the consent of the General Partner.

  • Members Capital Contributions a) Single-Member Capital Contributions (Applies ONLY if Single-Member): The Member may make such capital contributions (each a “Capital Contribution”) in such amounts and at such times as the Member shall determine. The Member shall not be obligated to make any Capital Contributions. The Member may take distributions of the capital from time to time in accordance with the limitations imposed by the Statutes. b) Multi-Member (Applies ONLY if Multi-Member): The Members have contributed the following capital amounts to the Company as set forth below and are not obligated to make any additional capital contributions:

  • Initial Capital Contributions The Partners have made, on or prior to the date hereof, Capital Contributions and have acquired the number of Class A Units as specified in the books and records of the Partnership.

  • Capital Contributions Capital Accounts The capital contribution of the Sole Member is set forth on Annex A attached hereto. Except as required by applicable law, the Sole Member shall not at any time be required to make additional contributions of capital to the Company. The capital accounts of the members shall be adjusted for distributions and allocations made in accordance with Section 8.

  • Member Capital Contributions (Check One)

  • Initial Capital Contribution The initial Capital Contribution of the Original Member as of the date of this Agreement will be $ .

  • Capital Contributions and Capital Accounts (a) The capital contributions of each party shall be all amounts paid by it pursuant to the Agreement. With respect to each oil and gas property and the related assets subject to the Agreement, each party shall be treated as having contributed to the tax partnership an amount of cash equal to such party's share of any Lease acquisition or other property costs and the tax partnership shall be treated as having purchased such property from the party to whom such amounts are paid. (b) An individual capital account shall be maintained for each party in accordance with the following: (i) The capital account of each party shall, except as otherwise provided herein, be (A) credited by the amount of cash and fair market value of any property contributed to the tax partnership (net of any liabilities assumed by the parties hereto or to which such property is subject at the time of contribution) as provided in subparagraph (a) of this paragraph 4, and (B) credited with the amount of any item of taxable income or gain and the amount of any item of income or gain exempt from tax allocated to such party. (ii) The capital account of each party shall be debited by (A) the amount of any item of tax deduction or loss allocated to such party, (B) such party's allocable share of expenditures not deductible in computing taxable income and not properly chargeable as capital expenditures, including any non-deductible book amortizations of capitalized costs, and (C) the amount of cash or the fair market value of any property (net of any liabilities assumed by such party or to which such property is subject at the time of distribution) distributed to such party (after making the adjustment provided in subparagraph (b)(iii) in this paragraph 4). (iii) Immediately prior to any distribution of property that is not pursuant to a liquidation of the tax partnership, the parties' capital accounts shall be adjusted by assuming that the distributed assets were sold for cash at their respective fair market values as of the date of distribution and crediting or debiting each party's capital account with its respective share of the hypothetical gains or losses resulting from such assumed sales determined in the same manner as gains or losses provided for under paragraphs 4(b)(iv) and 6 for actual sales of such properties. (iv) The allocation of basis prescribed by Section 613A(c)(7)(D) of the Code and provided for in paragraph 6 hereinbelow and each party's depletion deductions shall not reduce such party's capital account, but such party's capital account shall be decreased by an amount equal to the product of (A) the depletion deductions that would otherwise be allocable to the tax partnership in the absence of Section 613A(c)(7)(D) of the Code (computed without regard to any limitations which theoretically could apply to any party) and (B) such party's percentage share of the adjusted basis of the property with respect to which such depletion is claimed (herein called "Simulated Depletion"). The tax partnership's basis in any oil or gas property, as adjusted from time to time for Simulated Depletion, is herein called "Simulated Basis." No party's capital account shall be decreased, however, by Simulated Depletion deductions attributable to any depletable property to the extent such deductions exceed such party's remaining Simulated Basis in such property. Upon the sale or other disposition of an interest in a depletable property, each party's capital account shall be credited with the gain ("Simulated Gain") or debited with the loss ("Simulated Loss") determined by subtracting from its allocable share of the amount realized on such sale or disposition its Simulated Basis, as adjusted by Simulated Depletion. (v) Any adjustments of basis of property provided for under Sections 734 and 743 of the Code and comparable provisions of state law (resulting from an election under Section 754 of the Code or comparable provisions of state law) shall not affect the capital accounts of the parties, and the parties' capital accounts shall be debited or credited as if no such election had been made unless otherwise required by applicable Treasury Regulations. (vi) Capital accounts shall be adjusted, in a manner consistent with subparagraph (b) of this paragraph 4, to reflect any adjustments in items of income, gain, loss or deduction that result from amended returns filed by the tax partnership or pursuant to an agreement with the Internal Revenue Service or a final court decision. (vii) In the case of property contributed to the tax partnership by a party, the parties' capital accounts shall be debited or credited for items of depreciation, Simulated Depletion, amortization and gain or loss with respect to such property computed in the same manner as such items would be computed if the adjusted tax basis of such property were equal to its fair market value on the date of its contribution to the tax partnership, in lieu of the capital account adjustments provided above for such items, all in accordance with Section 704(c) of the Code and Treasury Regulation 1.704-1(b)(2)(iv)(g).

  • Capital Contributions Persons seeking to become a Member shall be required to purchase or acquire Shares and make capital contributions in such forms and in such amounts and at such times as the Board may require, if any, in its sole discretion (any, a “Capital Contribution”) whereupon a capital account for a new Member will be established, and, if applicable, accreted, in the amount of such Member’s Capital Contribution or based upon the fair market value of property contributed, and the new Member shall be issued a number of Class A Ordinary Shares as determined by the Board, and the Board shall update Exhibit A attached hereto accordingly. The provisions of this Section 3.1 are solely intended for the benefit of the Members and, to the fullest extent permitted by law, shall not be construed as conferring any benefit upon any creditor of the Company (and no such creditor shall be a third-party beneficiary of this Agreement). The Members shall have no duty or obligation to any creditor of the Company to make any contribution to the Company.

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