Capital Contributions Capital Accounts Sample Clauses

Capital Contributions Capital Accounts. The Member shall make capital contributions to the Company from time to time, in cash, securities or other property, in amounts and at time as determined by the Member, and in proportion to its Membership Interests. A capital account shall be maintained for the Member in accordance with Treasury Regulations Section 1.794-1(b)(2)(iv).

Capital Contributions Capital Accounts. 7 2.1 Initial Capital Contributions.....................................7 2.2 Additional Capital Contributions; Additional Units................7 2.3

Capital Contributions Capital Accounts. Section 8.1 Company Capital. No Member shall be paid interest on any Capital Contribution to the Company or on such Member’s Capital Account, and no Member shall have any right (i) to demand the return of such Member’s Capital Contribution or any other distribution from the Company (whether upon resignation or otherwise), except upon dissolution of the Company pursuant to Section 18.2 hereof or pursuant to the Share Repurchase Plan or the Repurchase Arrangement, as applicable, (ii) to cause a partition of the Company’s assets, or (iii) to own or use any particular or individual assets of the Company. Section 8.2 Establishment and Determination of Capital Accounts. A capital account (“Capital Account”) shall be established for each Member. The Capital Account of each Member shall consist of his, her or its Capital Contribution and shall be (i) increased by (a) the amount of any Company liabilities that are assumed by such Member, and (b) such Member’s share of Profits allocated to such Member pursuant to Section 9.2, (ii) decreased by (a) such Member’s share of Losses allocated to such Member pursuant to Section 9.2 and (b) any distributions to such Member (net of liabilities assumed by such Member and liabilities to which such property is subject) and (iii) adjusted as otherwise required by the Code and the regulations thereunder, including the rules of Treasury Regulation Section 1.704-1(b)(2)(iv). Any references in this Agreement to the Capital Account of a Member shall be deemed to refer to such Capital Account as the same may be increased or decreased from time to time as set forth above. In furtherance of the foregoing and in accordance with Treasury Regulations Section 1.1061-3(c)(3)(ii)(B), the Company shall, (i) calculate separate allocations attributable to (A) the Performance Participation Allocation and any other distribution entitlements that are not commensurate with capital contributed to the Company, and (B) any distribution entitlements of the Members that are commensurate with capital contributed to the Company (in each case, within the meaning of Treasury Regulations Section 1.1061-3(c)(3)(ii)(B) and as reasonably determined by the Company), and (ii) consistently reflect each such allocation in its books and records.

Capital Contributions Capital Accounts. Initial Capital Contributions 8 2.2 Additional Capital Contributions; Additional Units 8 2.3 Capital Accounts 8

Capital Contributions Capital Accounts. Section 8.1 Series Capital. No Shareholder shall be paid interest on any Capital Contribution or on such Shareholder’s Capital Account (if any), and no Shareholder shall have any right (i) to demand the return of such Shareholder’s Capital Contribution or any other distribution from the Company or any Series (whether upon resignation or otherwise), except upon dissolution of the Company or a Series pursuant to Section 18.2 hereof or pursuant to the Repurchase Plan, (ii) to cause a partition of the Company’s or a Series’ assets, or (iii) to own or use any particular or individual assets of the Company or a Series. Section 8.2 Establishment and Determination of Capital Accounts. A capital account (“Capital Account”) shall be established for each Series II Shareholder. The Capital Account of each Series II Shareholder shall consist of his, her or its initial Capital Contribution and shall be (i) increased by (a) any additional Capital Contributions made by such Series II Shareholder pursuant to the terms of this Agreement or any Type Designation, (b) the amount of any Company or Series liabilities that are assumed by such Series II Shareholder, and (c) such Series II Shareholder’s share of Series II Profits allocated to such Shareholder pursuant to Section 9.2, (ii) decreased by (a) such Series II Shareholder’s share of Series II Losses allocated to such Series II Shareholder pursuant to Section 9.2 and (b) any distributions to such Series II Shareholder (net of liabilities assumed by such Series II Shareholder and liabilities to which such property is subject) distributed to such Series II Shareholder and (iii) adjusted as otherwise required by the Code and the regulations thereunder, including the rules of Treasury Regulation Section 1.704-1(b)(2)(iv). Any references in this Agreement to the Capital Account of a Series II Shareholder shall be deemed to refer to such Capital Account as the same may be increased or decreased from time to time as set forth above.

Capital Contributions Capital Accounts. Subject to the terms and conditions thereof and this Section 2.02, (a) in connection with the transactions contemplated by the PSPA, LUK-HRG as of the date hereof owns the number of Preferred Units set forth on Schedule 2.02 and has the deemed Capital Contributions set forth on Schedule 2.02 hereto and (b) pursuant to the PSPA, the Master Fund owns the number of Common Units set forth on Schedule 2.02 and has the deemed Capital Contributions set forth on Schedule 2.02 hereto. A capital account shall be maintained for each Member.

Capital Contributions Capital Accounts. Section 2.1. Initial Capital Contributions. OMAM made an initial Capital Contribution to the Company on December 31, 2007 of $1,250,000,000, plus (a) the amount of Segregated Client Mandated Capital as of such date ($32,000,000) and (b) the Excess Working Capital Amount.

Capital Contributions Capital Accounts. No member will be obligated to make any capital contribution to the Company except for any capital contribution agreed upon by all members. Each member will be obligated to contribute the member’s proportionate share (based on percentage interests) of any contribution approved by all of the members. If any member fails to contribute the amount agreed upon to be contributed by each member, in addition to the right of the Company to pursue all remedies available at law or in equity against the defaulting member, any member making such member’s contribution pursuant to such agreement may either withdraw the amount then contributed or elect to treat the same as a loan to the Company bearing interest at the prime rate as reported in The Wall Street Journal on the date contributed to the Company plus 5%. Any such loan shall be repaid by the Company before the Company makes any distributions to the members. No member may otherwise withdraw any capital contribution without the unanimous consent of the members. No member shall have personal liability for the repayment of any capital contribution of any other member. The Company’s accountant shall maintain a separate capital account for each member. No member shall be entitled to any interest on the balance in the member’s capital account.

Capital Contributions Capital Accounts. 4.1 Capital Contributions of the Partners. The amount of each Limited Partner's original capital contribution as of the Effective Date is set forth on Exhibit A hereto. In addition, Exhibit A hereto lists for each Limited Partner the amount of any additional capital contributions such Limited Partner has agreed to make and whether such amounts are due as of a specified date or on call. Each Limited Partner hereby agrees to contribute the amount of any such additional capital contributions set forth opposite such Limited Partner's name on Exhibit A hereto on the date specified thereon or on call as specified thereon. If any Limited Partner fails to make a capital contribution provided for on Exhibit A hereto with respect to such Limited Partner, the General Partner may, in its discretion, institute suit against such defaulting Limited Partner for the amount of such capital contribution, plus interest, consequential damages and any expenses (including attorney's fees) relating to such suit, to the extent allowable, and in addition may seek contributions on a voluntary basis from other Limited Partners or other Persons for the amount of such capital contribution.