Capital Call Rights Sample Clauses

Capital Call Rights. (a) Administrative Agent, on behalf of the Secured Parties, is hereby authorized, in the name of Borrower, at any time upon the occurrence and during the continuation of an Event of Default, (i) to notify the Investors obligated to Borrower with respect to the Capital Contributions to make all payments due or to become due thereon directly to the Administrative Agent for the benefit of the Secured Parties at a different account than that specified in the Credit Agreement, or (ii) to initiate one or more Capital Calls in order to pay the Obligations (which Capital Calls may be in an amount required to result in payment in full of the outstanding Obligations). In order to secure further the payment and performance of the Obligations and to effect and facilitate the Secured Parties’ right of setoff, in each case, upon the occurrence and during the continuance of an Event of Default, Borrower hereby irrevocably appoints Administrative Agent as the attorney-in-fact entitled in the name of Borrower upon the occurrence and during the continuance of an Event of Default, to make Capital Calls upon the Investors pursuant to the terms of the applicable Subscription Agreement and the Operating Agreement.
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Capital Call Rights. (a) Subject to and in accordance with the provisions of the Credit Agreement, Administrative Agent, on behalf of Secured Parties, is hereby authorized, in its own name or the name of Managing Entity, at any time upon the occurrence and during the continuation of an Event of Default, to notify the Investors obligated to Fund with respect to the Capital Contributions to make all payments due or to become due thereon directly to Administrative Agent for the benefit of Secured Parties at a different account than that specified in the Credit Agreement, or to initiate one or more Capital Calls in order to pay the Obligations (which Capital Calls may be in excess of the amount owing under the Credit Agreement if required in order to comply with ERISA or otherwise result in payment in full of the outstanding Obligations). In order to secure further the payment and performance of the Obligations and to effect and facilitate Administrative Agent’s and Secured Parties’ right of setoff, Fund and Managing Entity hereby irrevocably appoint Administrative Agent as subscription agent and attorney-in-fact entitled in the name of Fund and/or Managing Entity upon the occurrence and during the continuance of an Event of Default, to make any Capital Calls upon the Investors pursuant to the terms of the applicable Subscription Agreement and the Governing Agreement without the necessity of further action by Fund or Managing Entity.
Sample 1
Capital Call Rights. (a) Administrative Agent, on behalf of the Secured Parties, is hereby authorized, in its own name or the name of Fund, at any time upon the occurrence and during the continuation of an Event of Default, to notify IRI to make Capital Contributions directly to Administrative Agent for the benefit of the Secured Parties, which proceeds shall be used to pay the Obligations (which Capital Calls may be in any amount required to result in payment in full of the outstanding Obligations, but not in excess of the IRI’s Unfunded Commitment). In order to secure further the payment and performance of the Obligations and to effect and facilitate the Secured Parties’ right of setoff, Fund hereby irrevocably appoints Administrative Agent as subscription agent and the sole party entitled in the name of Fund (except to the extent Administrative Agent may direct Fund to make a Capital Call to IRI on behalf of Administrative Agent) upon the occurrence and during the continuance of an Event of Default, to make any Capital Calls upon IRI pursuant to the terms of the Subscription Agreement and the Governing Agreement without the necessity of further action by Fund.
Sample 1
Capital Call Rights. (i) Administrative Agent is hereby authorized, in its own name or the name of Fund or General Partner, at any time upon the occurrence and during the continuation of an Event of Default, to notify any or all of the Defaulting Investors to make all payments due or to become due thereon directly to Administrative Agent at a different account than that specified in Section 7(a)(vii) above, or to initiate one or more Capital Calls to the Defaulting Investors in order to pay the Obligations (which Capital Calls may be in excess of the amount owing under Section 7 hereof if required in order to comply with ERISA or otherwise result in payment in full of the Obligations (but in no event shall the amount of capital called with respect to a Defaulting Investor exceed the Obligation Limitation Amount of such Defaulting Investor). In order to secure further the payment and performance of the Obligations and to effect and facilitate Administrative Agent’s right of setoff, Fund and General Partner hereby irrevocably appoint Administrative Agent as subscription agent and attorney-in-fact entitled in the name of Fund and/or General Partner upon the occurrence and during the continuance of an Event of Default, to make any Capital Calls upon the Defaulting Investors pursuant to the terms of the subscription agreement of the applicable Defaulting Investors and the LP Agreement without the necessity of further action by Fund or General Partner. (ii) With or without such general notification as set forth in Section 8(a)(i) above, upon the occurrence and during the continuation of an Event of Default and subject to the applicable Obligation Limitation Amount, Administrative Agent may: (i) make Capital Calls on the Defaulting Investors in the name of Fund; (ii) take or bring in Fund’s or General Partner’s name or that of Administrative Agent all steps, actions, suits or proceedings reasonably deemed by Administrative Agent necessary or desirable to effect possession or collection of payments constituting Collateral; (iii) complete any contract or agreement of Fund evidencing or constituting any of the Collateral; (iv) take such actions to perform the subscription agreements of the applicable Defaulting Investors and the LP Agreement to the extent required to effect any of the foregoing actions; (v) make allowances or adjustments related to the Capital Calls on Defaulting Investors; (vi) compromise any claims related to the Capital Calls on Defaulting Investors; (vii) issue cred...
Sample 1
Capital Call Rights. (a) Administrative Agent, on behalf of the Secured Parties, is hereby authorized, in its own name or the name of Fund or General Partner, at any time upon the occurrence and during the continuation of an Event of Default, to notify any or all parties obligated to Fund with respect to the Capital Contributions to make all payments due or to become due thereon directly to Administrative Agent for the benefit of the Secured Parties at a different account than that specified in the Credit Agreement, or to initiate one or more Capital Calls in order to pay the Obligations or for any other purpose contemplated by the Credit Agreement (which Capital Calls may be in any amount required to result in payment in full of the outstanding Obligations). In order to secure further the payment and performance of the Obligations and to effect and facilitate the Secured Parties’ right of setoff, Fund and General Partner hereby irrevocably appoint Administrative Agent as subscription agent and the sole party entitled in the name of Fund and/or General Partner (except (x) to the extent Administrative Agent may direct Fund and/or General Partner to make a Capital Call on behalf of Administrative Agent or (y) during a Notice Period, if any, pursuant to Section 11.02(b) of the Credit Agreement)) upon the occurrence and during the continuance of an Event of Default, to make any Capital Calls upon the Investors pursuant to the terms of the applicable Subscription Agreement and the Governing Agreement without the necessity of further action by Fund or General Partner.
Sample 1

Related to Capital Call Rights

  • Capital Calls Except as set forth in the Constituent Documents and the Side Letters, no Borrower shall make any contractual agreement which shall restrict, limit, penalize or control its ability to make Capital Calls or the timing thereof.

  • Subsequent Capital Contributions Without creating any rights in favor of any third party, each Member shall contribute to the Company, in cash, on or before the date specified as hereinafter described, that Member's Sharing Ratio of all monies that in the unanimous judgment of the Management Committee are necessary to enable the Company to acquire the Project from the Seller and to cause the assets of the Company to be properly operated and maintained and to discharge its costs, expenses, obligations, and liabilities, including without limitation its Sharing Ratio of the purchase price set forth in the Asset Sale Agreement, and its Sharing Ratio of Working Capital Requirements in order to bring current Company bank accounts to an amount equal to the Working Capital Requirements, as more particularly described in Section 5.01 below. The Management Committee shall notify each other Member of the need for Capital Contributions pursuant to this Section 4.02 when appropriate, which notice must include a statement in reasonable detail of the proposed uses of the Capital Contributions and a date (which date may be no earlier than the fifth Business Day following each Member's receipt of its notice) before which the Capital Contributions must be made. Notices for Capital Contributions must be made to all Members in accordance with their Sharing Ratios.

  • Additional Funds and Capital Contributions .. 22 Section 4.4 Stock Option Plan................................... 23 Section 4.5 No Interest; No Return.............................. 24 Section 4.6 Conversion or Redemption of Preferred Shares........ 24

  • Additional Capital Contributions and Issuances of Additional Partnership Interests Except as provided in this Section 4.2 or in Section 4.3, the Partners shall have no right or obligation to make any additional Capital Contributions or loans to the Partnership. The General Partner may contribute additional capital to the Partnership, from time to time, and receive additional Partnership Interests in respect thereof, in the manner contemplated in this Section 4.2.

  • CAPITAL CONTRIBUTIONS AND ISSUANCE OF PARTNERSHIP INTERESTS Section 5.1 Organizational Contributions; Contributions by the General Partner and its Affiliates 40 Section 5.2 Contributions by Initial Limited Partners 41 Section 5.3 Interest and Withdrawal 41 Section 5.4 Capital Accounts 41 Section 5.5 Issuances of Additional Partnership Interests and Derivative Instruments 45 Section 5.6 Conversion of Subordinated Units 46 Section 5.7 Limited Preemptive Right 47 Section 5.8 Splits and Combinations 47 Section 5.9 Fully Paid and Non-Assessable Nature of Limited Partner Interests 48 Section 5.10 Issuance of Common Units in Connection with Reset of Incentive Distribution Rights 48 Section 5.11 Establishment of Series A Preferred Units 50 Section 5.12 Deemed Capital Contributions 63 ARTICLE VI

  • Capital Contributions and Capital Accounts (a) The value of the interests contributed by the Class A Certificateholders and the Class I Certificateholders shall equal the amount paid by such Certificateholders for such interests, respectively, and such amounts shall constitute the opening balance in their Capital Accounts (as hereinafter defined). The value of the interests contributed by the Class IC Certificateholder shall equal the fair market value of the Receivables contributed to the Tax Partnership less the value attributed to the Class A Certificateholders and the Class I Certificateholders, as described above. Such amount shall constitute the opening balance in the Class IC Certificateholder's Capital Account.

  • 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.

  • Members Capital Contributions (a) Initial Capital Contribution. The initial Capital Contribution described on Schedule 1 (the “Property”) was made by the previous Member.

  • Additional Funds or Classes of Shares In the event that the Trust establishes one or more series or classes of shares after the Agreement Effective Date, each such series or class of shares shall become a Fund or class of shares of a Fund (if applicable), under this Agreement and shall be added to Schedule A.

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

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