Capital Contribution Defaults Sample Clauses

Capital Contribution Defaults. If a Member fails to contribute any capital to the Company that is required to be so contributed pursuant to Section 4.1, such Member shall be considered in default (a "Defaulting Member"), but shall remain fully obligated to contribute such capital to the Company. The Company shall be entitled to pursue all remedies available at law or in equity against the Defaulting Member, including any one or more of the following: (a) the Company may take all actions, including court proceedings, as the other Members may deem appropriate, to obtain payment by the Defaulting Member of the required amount of the Capital Contribution remaining unpaid, together with interest thereon at the Default Rate from the date that the required Capital Contribution was required to be contributed to the Company until the date it is so contributed, at the cost and expense of the Defaulting Member; and (b) the non-defaulting Members may advance the portion of the Defaulting Member's Capital Contribution that is in default, in accordance with the non-defaulting Members' respective Percentage Interests, and, at the option of the non-defaulting Members, the non-defaulting Members making such advance may be deemed to have made a loan to the Defaulting Member in the amount of the Capital Contribution so advanced, which loan shall bear interest at the Default Rate from the date that such advance is made until the loan is repaid in full, and until such loan is repaid in full, the non-defaulting Members making such loan to the Defaulting Member shall be entitled to receive all distributions of Available Cash that would otherwise be payable to the Defaulting Member hereunder, in accordance with the non-defaulting Members' respective Percentage Interests.
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Capital Contribution Defaults. 5.5.1 In the event that a Defaulting Member shall fail to make all or any part of any Initial Capital Contribution or additional Capital Contribution required of such Member pursuant to a written notice of the Management Committee calling for such Capital Contribution on or prior to the due date therefor, the other Members that have timely made their respective share of such Capital Contributions required of such other Members (a "Non-Defaulting Member") may either (i) loan amounts to the Defaulting Member to cover the Defaulting Member's Capital Contribution, or (ii) contribute to the Company the Capital Contribution otherwise required by the Defaulting Member, in each case pursuant to Sections 5.5.2 and 5.5.3, respectively.
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Capital Contribution Defaults. If a Partner fails to make a capital contribution as required by the Agreement within 10 days after receipt of a notice for a capital contribution, then: (a) the General Partner may cancel the capital contribution call in question; (b) the non-defaulting Partner may make a deficiency loan to the Partnership on behalf of the defaulting Partner at a stipulated interest rate, which loan will be repaid from cash that would otherwise have been distributed to the defaulting Partner (provided that, for tax purposes, such cash shall be deemed to have been distributed to the defaulting Partner); and/or (c) the General Partner or any non-defaulting Partner may enforce any or all of the other rights or remedies set forth under “Remedies on Default” below.
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Capital Contribution Defaults. If (i) a Member fails to make a Capital Contribution under Section 4.1(b) in response to a Capital Call validly and timely made hereunder on or before the date by which such additional Capital Contribution was required to be contributed pursuant to Section 4.1(b) (provided that such Member shall have an additional five (5) Business Days after first being notified (the date such notice is given, the “Default Notice Date”) of such Member’s failure to timely make all such Capital Contributions to cure such default by contributing such amounts) (a “Capital Call Default”), then such Member (and any of its Affiliates that are also Members (provided that if both Rice and RMP (or any of RMP’s Subsidiaries) are Members and either Rice or RMP (or its Subsidiaries) makes a Capital Call Default, then RMP (or its Subsidiaries) and Rice will not be considered to be Affiliates of one another for purposes of this Section 4.2)) will be considered to be in default (a “Defaulting Member”), but will remain fully obligated to contribute such capital to the Company. The Company (acting at the direction of the Managers designated by the non-defaulting Members) will be entitled to elect to pursue all remedies available at law or in equity against the Defaulting Member, including those specified in (a) below or the non-Defaulting Member(s) may elect to take the actions specified in (b) or (c) below:
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Capital Contribution Defaults. If any Member (a "Defaulting Member") shall fail or refuse to pay any Capital Contribution in the amount, at the time, and in the manner agreed to hereunder and pursuant to Section 6.2.2, or fail to return any amount withdrawn from such Member's Capital Account in violation of this Agreement (each, a "Payment Default") (a) such Defaulting Member's Ownership Interest and its rights to distributions set forth in Section 7.1 will be adjusted as provided in Section 6.3.1 below, and (b) the other Members (the "Complying Members") and the Company may take the actions described in Sections 6.3.2, 6.3.6 and 6.3.7,
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Capital Contribution Defaults. In the event any Member shall default in the payment of any portion of a Capital Contribution (a "Capital Contribution Default") when required to be made, and shall fail to make such payment within ten (10) days after notice of default shall be given it by the Management Committee (such tenth (10th) day being referred to herein as the "Default Notice Date"), then such Member shall be a defaulting Member and shall be liable to the Company for all damages resulting, directly or indirectly, from such nonpayment and the Management Committee, other than the Representative designated by the defaulting Member (and references in this Section 5.4 to the Management Committee shall be deemed to be references to each Representative of the Management Committee other than the
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Capital Contribution Defaults. All capital contributions ------------------------------- which are not paid when due shall bear interest from the date due at the Default Rate until paid. In the event that a Partner defaults in its obligations hereunder to make or pay contributions to Partnership capital or any interest accruing thereon, the Management Committee (excluding the representative and alternate of such defaulting Partner) may enforce such obligations in such manner as may be permitted by Law and may exercise on behalf of the Partnership all rights and remedies with respect to such obligations and all collateral securing the same as may be provided by Law or under the terms of this Agreement. All reasonable costs and expenses, including attorneys' fees and expenses, incurred by the Partnership or such committee in enforcing such obligations, realizing on any security therefor or otherwise exercising any of the Partnership's rights or remedies with respect thereto shall be included in such obligations and paid by such defaulting Partner. In addition to and not in lieu of any other rights and remedies, each Partner hereby grants the following rights and remedies:
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Related to Capital Contribution Defaults

  • Termination; Default We may reduce the Credit Limit or terminate your ability to receive further credit under this Agreement at any time without notice. You may terminate your ability to receive further credit under this Agreement by giving us notice of termination and returning to us all Cards and Credit Devices. Termination by you will be effective on the date we receive written notice from you along with the Cards and Credit Devices (unless they are lost or stolen, in which case you agree to sign an affidavit to that effect and stating that no credit received after the date of loss or theft was authorized by you).

  • Reservation Default Failure by the Borrower to have reserve for issuance upon conversion of the Note the amount of Common stock as set forth in the Subscription Agreement.

  • Initial Contribution The member agrees to make an initial contribution to the Company of $____________.

  • Additional Funds and Capital Contributions 30 SECTION 4.4 NO INTEREST; NO RETURN................................................................... 31 SECTION 4.5 NOTE DEFICIENCY CAPITAL CONTRIBUTION..................................................... 31

  • Registration Defaults If: (a) the Registered Exchange Offer, if required by this Agreement, is not consummated on or prior to the Target Registration Date; or (b) the Shelf Registration Statement, if required by this Agreement, has not been declared effective by the Commission or has not otherwise become effective on or prior to the 90th day after the Target Registration Date; or (c) the Shelf Registration Statement, if required by this Agreement, has been filed and is declared or otherwise becomes effective but ceases to be effective or usable for a period of time that exceeds 120 days in the aggregate in any 12-month period in which it is required to be effective hereunder (each such event referred to in the preceding clauses (a), (b) and (c), a “Registration Default”), the interest rate borne by the Registrable Securities affected thereby shall be increased (“Additional Interest”) immediately upon occurrence of a Registration Default by one-quarter of one percent (0.25%) per annum with respect to the first 90-day period while one or more Registration Defaults is continuing and will increase to a maximum of one-half of one percent (0.50%) per annum Additional Interest thereafter while one or more Registration Defaults is continuing until all Registration Defaults have been cured; provided that Additional Interest shall accrue only for those days that a Registration Default occurs and is continuing, including the date on which any Registration Default shall occur but not including the date on which all Registration Defaults have been cured. Such Additional Interest shall be calculated based on a year consisting of 360 days comprised of twelve 30-day months. Following the cure of all Registration Defaults the accrual of Additional Interest on the affected Registrable Securities will cease, the interest rate will revert to the original rate on such Registrable Securities and, upon any subsequent Registration Default following any such cure of all Registration Defaults, Additional Interest will begin accruing again at one-quarter of one percent (0.25%) per annum and will increase to a maximum of one-half of one percent (0.50%) per annum as provided above until all Registration Defaults have been cured. Additional Interest shall not be payable with respect to Registration Defaults for any period during which a Shelf Registration Statement is effective and usable by the Holders. Any Additional Interest shall constitute liquidated damages and shall be the exclusive remedy, monetary or otherwise, available to any Holder of Registrable Securities with respect to any Registration Default or any other default with respect to the filing or effectiveness of a Registration Statement under Section 2 or Section 3 hereof. The Company shall notify the Trustee within five business days after each and every date on which an event occurs in respect of which Additional Interest is required to be paid (an “Event Date”). Additional Interest shall be paid by depositing with the Trustee, in trust, for the benefit of the Holders of Registrable Securities, on or before the applicable semi-annual interest payment date, immediately available funds in sums sufficient to pay the Additional Interest then due. The Additional Interest due shall be payable on each interest payment date to the Holder of Registrable Securities affected thereby entitled to receive the interest payment to be paid on such date as set forth in the Indenture. Each obligation to pay Additional Interest shall be deemed to accrue from and including the day following the applicable Event Date. Notwithstanding anything else contained herein, no Additional Interest shall be payable in relation to the applicable Shelf Registration Statement or the related Prospectus if (i) such Additional Interest is payable solely as a result of (x) the filing of a post-effective amendment to such Shelf Registration Statement to incorporate annual audited or, if required by the rules and regulations under the Act, quarterly unaudited financial information with respect to the Company or the Guarantors where such post-effective amendment is not yet effective and needs to be declared or otherwise become effective to permit Holders to use the related Prospectus or (y) the Company notifies the Holder to suspend use (on one or more occasions) of the Shelf Registration Statement and the related Prospectus for a period not to exceed an aggregate of 120 days in any calendar year pursuant to Section 4(k)(ii); provided, however, that in no event shall the Company or the Guarantors be required to disclose the business purpose for such suspension. Notwithstanding the foregoing, the Company shall not be required to pay Additional Interest with respect to any Registrable Securities to any Holder if the failure arises from the Company’s and the Guarantor’s failure to file, or cause to become effective, a Shelf Registration Statement within the time periods specified in this Section 2 by reason of the failure of such Holder to provide such information as (i) the Company or the Guarantors may reasonably request, with reasonable prior written notice, for use in the Shelf Registration Statement or any Prospectus included therein to the extent the Company reasonably determines that such information is required to be included therein by applicable law, (ii) FINRA or the Commission may request in connection with such Shelf Registration Statement or (iii) is required to comply with the agreements of such Holder as contained herein to the extent compliance thereof is necessary for the Shelf Registration Statement to be declared or otherwise become effective, including, without limitation, a signed notice and questionnaire as distributed by the Company consenting to such Holder’s inclusion in the Prospectus as a selling security holder, evidencing such Holder’s agreement to be bound by the applicable provisions of this Agreement and providing such further information to the Company as the Company or the Guarantors may reasonably request.

  • 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 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.

  • Upon Default Landlord shall have the right to pursue any one or more of the following remedies: (a) Terminate this Lease, in which case Tenant shall immediately surrender the Premises to Landlord. If Tenant fails to surrender the Premises, Landlord, in compliance with Law, may enter upon and take possession of the Premises and remove Tenant, Tenant’s Property and any party occupying the Premises. Tenant shall pay Landlord, on demand, all past due Rent and other losses and damages Landlord suffers as a result of Tenant’s Default, including, without limitation, all Costs of Reletting (defined below) and any deficiency that may arise from reletting or the failure to relet the Premises. “Costs of Reletting” shall include all reasonable costs and expenses incurred by Landlord in reletting or attempting to relet the Premises, including, without limitation, legal fees, brokerage commissions, the cost of alterations and the value of other concessions or allowances granted to a new tenant.

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

  • Interest on Capital Contributions No Member shall be entitled to any interest on its capital contribution.

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