Common use of Advances by Members Clause in Contracts

Advances by Members. If the Company does not have sufficient cash to pay its obligations, and the Company does not raise additional capital pursuant to Section 5.3 hereof, any Member(s) that may agree to do so with the consent of the Board of Managers, as appropriate, may advance all or part of the needed funds to or on behalf of the Company. An advance described in this Section constitutes a loan from the Member to the Company, bears interest at the rate negotiated with the Board of Managers from the date of the advance until the date of payment and is not a Capital Contribution.

Appears in 10 contracts

Samples: Operating Agreement, Operating Agreement (South Dakota Soybean Processors LLC), Operating Agreement (South Dakota Soybean Processors LLC)

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Advances by Members. If the Company does not have sufficient cash to pay its obligations, and the Company does not raise additional capital pursuant to Section 5.3 5.2 hereof, any Member(s) that may agree to do so with the consent of the Board of Managers, as appropriate, may advance all or part of the needed funds to or on behalf of the Company. An advance described in this Section constitutes a loan from the Member to the Company, bears interest at the rate negotiated with the Board of Managers from the date of the advance until the date of payment and is not a Capital Contribution.

Appears in 4 contracts

Samples: Operating Agreement, Operating Agreement (Northern Growers LLC), Operating Agreement (Northern Growers LLC)

Advances by Members. If the Company does not have sufficient cash to pay its obligations, and the Company does not raise additional capital pursuant to Section 5.3 5.5 hereof, any Member(s) that may agree to do so with the consent of the Board of Managers, as appropriate, may advance all or part of the needed funds to or on behalf of the Company. An advance described in this Section constitutes a loan from the Member to the Company, bears interest at the rate negotiated with the Board of Managers from the date of the advance until the date of payment and is not a Capital Contribution.

Appears in 3 contracts

Samples: Operating Agreement (Great Plains Ethanol LLC), Operating Agreement (Great Plains Ethanol LLC), Operating Agreement (Great Plains Ethanol LLC)

Advances by Members. If the Company does not have sufficient cash to pay its obligations, and the Company does not raise additional capital pursuant to Section 5.3 hereof, any Member(s) that may agree agree, but shall not be required, to do so with the consent of the Board of Managers, as appropriate, may advance all or part of the needed funds to or on behalf of the CompanyCompany if approval of the Board of Managers pursuant to Section 9.7 is obtained. An advance described in this Section 5.4 constitutes a loan from the Member to the Company, bears interest at the rate negotiated with the Board of Managers Prime Rate from the date of the advance until the date of payment repayment, and is not a Capital Contributioncapital contribution.

Appears in 2 contracts

Samples: Operating Agreement (Comstock Resources Inc), Operating Agreement (Bois D Arc Energy LLC)

Advances by Members. If the Company does not have sufficient cash to pay its obligations, and the Company does not raise additional capital pursuant to Section 5.3 52 hereof, any Member(s) that may agree to do so with the consent of the Board of Managers, as appropriate, may advance all or part of the needed funds to or on behalf of the Company. An advance described in this Section constitutes a loan from the Member to the Company, bears interest at the rate negotiated with the Board of Managers from the date of the advance until the date of payment and is not a Capital Contribution.

Appears in 1 contract

Samples: Operating Agreement (Northern Growers LLC)

Advances by Members. If the Company does not have sufficient cash to pay its obligations, and the Company does not raise additional capital pursuant to Section 5.3 hereof, any Member(s) that may agree to do so with the consent of the Board of Managers, as appropriate, may advance all or part of the needed funds to or on behalf of the Company. An advance described in this Section constitutes a loan from the Member to the Company, bears interest at the rate negotiated with the Board of Managers from the date of the advance until the date of payment and is not a Capital Contribution.

Appears in 1 contract

Samples: Operating Agreement

Advances by Members. If the Company does not have sufficient cash to pay its obligations, and the Company does not raise additional capital pursuant to Section 5.3 hereof, any Member(s) that may agree to do so with the consent of the Board of Managers, as appropriate, ' consent may advance all or part of the needed funds to or on behalf of the Company. An advance described in this Section constitutes 4.3 shall constitute a loan from the Member to the Company, bears shall bear interest at a rate equal to the rate negotiated with greater of (a) 10% or (b) the Board of Managers General Interest Rate, in either case from the date of the advance until the date of payment and payment, is not a Capital ContributionContribution and shall be subject to such other terms and conditions as may be agreed upon between such Member and the Company.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Exco Resources Inc)

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Advances by Members. If the Company does not have sufficient cash to pay its obligations, and the Company does not raise additional capital pursuant to Section 5.3 hereof, any Member(s) that may agree to do so with the consent of the Board of Managers, as appropriate, may advance all or part of the needed funds to or on behalf of the Company. An advance described in this Section 6.4 constitutes a loan from the Member to the Company, bears interest at the rate negotiated with the Board of Managers Prime Rate from the date of the advance until the date of payment repayment, and is shall not constitute a Capital Contribution.

Appears in 1 contract

Samples: Operating Agreement (Kosmos Energy Ltd.)

Advances by Members. If the Company does not have sufficient cash to pay its obligations, and the Company does not raise additional capital pursuant to Section 5.3 5.5 hereof, any Member(s) that who may agree to do so with the consent of the Board of Managers, as appropriate, may advance all or part of the needed funds to or on behalf of the Company. An advance described in this Section constitutes a loan from the Member to the Company, bears interest at the rate negotiated with the Board of Managers from the date of the advance until the date of payment and is not a Capital Contribution.

Appears in 1 contract

Samples: Operating Agreement (Western Plains Energy LLC)

Advances by Members. If In the event that the Company does not have sufficient cash to pay its obligations, and the Company does not raise additional capital pursuant to Section 5.3 hereof, any Member(s) that may agree to do so may, with the consent of the Board of Managersacting by Majority Vote, as appropriate, may advance all or part of the needed funds to or on behalf of the Company. An advance described in this Section 6.4 constitutes a loan from the Member to the Company, bears interest at the rate negotiated with the Board of Managers Prime Rate from the date of the advance until the date of payment payment, and is not a Capital Contribution.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Hirschfeld Industries, Inc.)

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