Additional Capital Requirements. Except as provided in Sections 6, 7 and 8 of this Article, if GENENTECH or ROCHE determines that additional dedicated manufacturing equipment, expansion or adaption of the then existing manufacturing facilities or manufacturing equipment, or construction of an additional manufacturing facility is needed to manufacture a Product to meet Clinical Requirements or Commercial Requirements for the other Party as provided herein, the manufacturing Party shall be solely responsible for the capital costs associated with such project.
Additional Capital Requirements. If the Manager determines additional capital is required by the Company, the Manager may secure capital in any of the following ways:
Additional Capital Requirements. In the event that the Corporation shall require additional funds for its operations and activities that the parties decide shall not be covered by the subscribed and paid-up capital, such additional funds shall be secured by the Corporation by such means (including procuring loans from independent sources and/or issuing bonds, debentures or other debt securities) as the Shareholders may mutually agree in writing.
Additional Capital Requirements. It shall be the general policy of the Partnership that all monies necessary to carry on the activities of the Partnership shall be obtained first through funds derived from the operation of the Partnership. To the extent funds derived from the Partnership are not sufficient, it is the intent of the Partners that the Partners will contribute an additional Forty-Five Million Dollars ($45,000,000) to the Partnership in excess of the University Contribution, the UHS Contribution and the Initial Capital Loan for Hospital operations over a ten (10) year period following the Transfer Date. Additional capital including such Forty-five Million Dollars ($45,000,000) will, at the election of the General Partner, be, in whole or in part, in the form of additional Capital Contributions or capital loans as described in Section 3.4 hereof or loans from non-Partners. No Partner shall be required to provide additional capital to the Partnership for the Capital Plan until the Project Fund is fully depleted.
Additional Capital Requirements. The FCE Entity may contribute to the Company all such amounts in excess of its Initial Capital Contribution as may be required to complete the construction, marketing, sale or rental or operations, as applicable, of the Project in accordance with the Project Budget or the Company’s operating budget in such amounts as may be determined by the FCE Entity (collectively, the “Additional Capital Contributions”). The FCE Entity shall not be obligated to make any Additional Capital Contributions. No Member shall be permitted or required to make any Additional Capital Contributions except as provided in this Section 3.3. The FCE Entity will be entitled to a preference from cash distributions of a Priority Return and a return of capital with respect to each Additional Capital Contribution.
Additional Capital Requirements. The Parties agree that the following general principles will apply to additional Phase 2 capital requirements at the ADM Plant and/or the Triglyceride Oil Facility:
Additional Capital Requirements. (a) The Company will obtain and deliver to the Administrative Agent and the Lenders, on or before April 20, 2000, a written commitment, from one or more financially responsible institutional or strategic investors, for the purchase from the Company of (i) shares of capital stock of the Company (other than Redeemable Stock), or (ii) subordinated debt securities of the Company, with a maturity of at least five years and no sinking fund or similar requirements and no cash interest payments, providing for subordination of such subordinated debt securities to the Obligations on terms satisfactory to the Required Lenders, in either case for gross cash proceeds of at least $100,000,000 (the "NEW CAPITAL COMMITMENT REQUIREMENT"), which may include, without limitation, the net proceeds from a commitment to convert the debt evidenced by the Amended and Restated Loan Agreement dated as of February 3, 2000 between the Company and RDVEPCO, L.L.C., a Michigan limited liability company, in the original principal amount of $15,000,000 as thereafter increased to $35,000,000, to shares of capital stock of the Company (other than Redeemable Stock) or subordinated debt securities of the Company, with a maturity of at least five years and no sinking fund or similar requirements and no cash interest payments, providing for subordination of such subordinated debt securities to the Obligations on terms satisfactory to the Required Lenders, all in an amount not to exceed $35,000,000 (the "BRIDGE LOAN CONVERSION").
Additional Capital Requirements. (i) Partner Contributions. If any Partner determines, from time to time, that additional capital is required for the Partnership ("Shortfall Amount") and funds are not available from commercial lenders on terms reasonably acceptable to a majority of the Partners (based on the Percentage Interests of the Partners), the determining Partner shall send a notice of such Shortfall Amount to the other Partners ("Shortfall Notice"). All of the Partners shall, on or before the date (the "Contribution Date") that is thirty (30) days after such Partner's receipt of the Shortfall Notice, contribute ("Shortfall Contribution(s)"), pro rata based on their respective Percentage Interest, the Shortfall Amount to the Partnership, up to a maximum of Two Hundred Fifty Thousand and No/100 Dollars ($250,000) in the aggregate for all Partners over the life of the Partnership. Each Partner shall contribute in cash an amount (the "Partner's Share") equal to
Additional Capital Requirements. ... 10 4.4 Sharing of Losses; Indemnity in Event of Sale of Interest 10 4.5 Loans to the Company .................................... 11
Additional Capital Requirements. A. If from time to time during the term of the Partnership the General Partners reasonably determine that additional funds are required to meet obligations of the Partnership -- including, without imitation, obligations in connection with the redemption of the Vazza Interests and/or the construction/renovation, development, operation, leasing and/or management of the Premises - or to protect and preserve Partnership assets and if the Partnership has been unable to obtain such funds through Partnership borrowings, then from time to time as so determined and upon notice from the General Partners to all the Partners, the Partners shall make additional Capital Contributions to the Partnership of such additional funds as may be so required in cash and in proportion to their respective Partnership Interests. Notwithstanding the above provisions of this Subsection A, the Partners are under no obligation to make additional Capital Contributions to the Partnership in excess of two hundred thousand dollars ($200,000) in the aggregate. If, from time to time, the aggregate capital requirements of the Partnership are in excess of this limitation, the General Partners shall give notice to all Partners of such excess capital requirements. Such excess capital requirements shall be funded by Capital Contributions in accordance herewith only upon the Consent of all Partners; and the Consent of any Partner may be withheld in such Partner's absolute discretion. If any one or more of the Partners fail to so Consent within fifteen (15) days after such notice, then the General Partners shall give notice of this fact to the Partners; and within fifteen (15) days after such notice is given, any one or more of the Partners may elect to loan the amount of such excess capital requirements to the Partnership at the Base Rate plus 2%. If more than one Partner elects to make such a loan, then the rights and obligations of such Partners under this Subsection A shall be allocated between or among them in proportion to their respective Partnership Interests. The respective amounts of additional Capital Contributions shall be credited to the Partners' respective Capital Accounts upon payment thereof.
