Additional Member Contributions Sample Clauses
Additional Member Contributions. After the Closing Date, if any Person (other than any Member or any Affiliate of any Member) submits a challenge or appeal to either the STB or any court with jurisdiction regarding the STB’s review of the environmental impact of the formation and operation of the Company, or otherwise seeks additional environmental review and/or conditions on the formation or operation of the Company, notwithstanding any restrictions in any contract applicable to any Member (including the KCS Credit Agreement (as such term is defined in the Transaction Agreement)) to the contrary, each Member shall make an additional cash capital contribution to the Company to reimburse the Company for the costs incurred by it to (a) defend or settle such challenge or appeal and (b) implement all required remedial environmental measures. Each Member’s additional cash capital contribution shall be an amount equal to (y) the costs incurred by the Company with respect to items (a) and (b) in the foregoing sentence (including attorneys’ fees and expenses) multiplied by (z) such Member’s Percentage Interest at the time of such contribution.
Additional Member Contributions. The Managing Member on behalf of the Company and with the Consent of the Non-Managing Members may raise all or any portion of the Additional Funds by making additional Capital Contributions. Subject to the terms of this Section 4.3 and to the definition of "Gross Asset Value," the Managing Member shall determine in good faith the amount, terms and conditions of such additional Capital Contributions. In addition, the Managing Member shall be solely responsible for making additional Capital Contributions to the Company in amounts sufficient to fund all necessary capital additions, tenant improvements and leasing commissions relating to the Real Properties. The Managing Member shall receive additional Managing Member Units only in consideration for additional capital contributions made by the Managing Member in an aggregate amount in excess of Five Hundred Thousand Dollars ($500,000) to fund capital additions that will add rentable space to the Properties.
Additional Member Contributions. The Managing Members may unanimously determine from time to time that additional capital contributions to the
Additional Member Contributions. (a) Member Support. For any fiscal year in which ▇▇▇▇▇ incurs a “Net Operating Deficit,” as defined below, ▇▇▇▇▇ shall provide written notice of such deficit (“Notice of Net Operating Deficit”) to its Members after completing its final financial audit for such fiscal year, but in no event shall ▇▇▇▇▇ issue any such Notice of Net Operating Deficit later than one hundred and eighty (180) days after the close of such fiscal year. For purposes of this Agreement, for any fiscal year, a “Net Operating Deficit” shall mean the amount by which ▇▇▇▇▇’▇ expenses from operating the Nueces County Facilities exceed its revenue from such operations, as determined after (i) excluding (1) expenses for interest, taxes, depreciation, amortization, judgments, settlements, or prior year cost report or other adjustments,