Common use of Capital Contributions Capital Accounts and Liability of Members Clause in Contracts

Capital Contributions Capital Accounts and Liability of Members. (a) Each Member has contributed in cash to the capital of the LLC the amount set forth opposite such Member’s name on Schedule A under the heading “Initial Contribution”. Additional capital contributions may be made by any Member if agreed to by the Manager and the holders of a majority of the outstanding Shares or if permitted by Section 2(d)(xi), and shall be reflected on Schedule A hereto. The Manager shall have the right to amend Schedule A to reflect the admission of additional Members in accordance with this Agreement. The Manager shall furnish promptly to each of the Members any revisions to Schedule A that may be effected. (b) Except as otherwise provided in this Section 3, no Member shall be obligated or permitted to contribute any additional capital to the LLC. No interest shall accrue on any contributions to the capital of the LLC, and no Member shall have the right to withdraw or to be repaid any capital contributed by it or to receive any other payment in respect of its interest in the LLC, including without limitation as a result of the withdrawal or resignation of such Member from the LLC, except as specifically provided in this Agreement. (c) A separate capital account shall be established for each Member, and shall be maintained in accordance with applicable regulations under the Internal Revenue Code of 1986, as amended (the “Code”). To the extent consistent with such regulations, there shall be credited to each Member’s capital account the amount of any contribution of capital made by such Member to the LLC, and such Member’s share of the net profits of the LLC, and there shall be charged against each Member’s capital account the amount of all distributions to such Member, and such Member’s share of the net losses of the LLC. (d) The liability of the Members for the losses, debts and obligations of the LLC shall be limited to their capital contributions; provided, however, that under applicable law, the Members may under certain circumstances be liable to the LLC to the extent of previous distributions made to them in the event that the LLC does not have sufficient assets to discharge its liabilities. No Member shall have any liability to restore any negative balance in such Member’s capital account. In no event shall any Member be personally liable for any liabilities or obligations of the LLC.

Capital Contributions Capital Accounts and Liability of Members. (a) Each Member has contributed in cash to the capital of the LLC the amount set forth opposite such Member’s name on Schedule A under the heading “Initial Contribution”A, hereto. Additional capital contributions may be made by any Member if agreed to by the Manager and the holders of a majority of the outstanding Shares or if permitted by Section 2(d)(xi), and shall be reflected on Schedule A heretoall Members. The Manager shall have the right to amend Schedule A to reflect the admission of additional Members in accordance with this Agreement. The Manager shall furnish promptly to each of the Members any revisions to Schedule A that may be effected. (b) Except as otherwise provided in this Section 37, no Member shall be obligated or permitted to contribute any additional capital to the LLC. No interest shall accrue on any contributions to the capital of the LLC, and no Member shall have the right to withdraw or to be repaid any capital contributed con- tributed by it or to receive any other payment in respect of its interest in the LLC, including including, without limitation limitation, as a result of the withdrawal or resignation of such Member from the LLC, except as specifically provided in this Agreement. (cb) A separate capital account shall be established for each Member, and “Capital Account” shall be maintained for each Member and adjusted in accordance with applicable regulations Regulations under Section 704 of the Internal Revenue Code of 1986, as amended (the “CodeI.R.C.”). To the extent consistent with such regulationsRegulations, the adjustments to such Capital Accounts shall in- clude the following: (i) there shall be credited to each Member’s capital account Capital Account the amount of any contribution cash or the net fair market value of capital made any property actually contributed by such Member to the LLC, capital of the LLC and such Member’s share of the net profits of the LLC, LLC and of any items in the nature of income or gain separately allocated to the Members; and (ii) there shall be charged against each Member’s capital account Capital Account the amount of all distributions any cash and the net fair market value of any property distributed to such Member, Member and such Member’s share of the net losses of the LLCLLC and of any items in the nature of losses or deductions separately allocated to the Members. (dc) The liability of the Members for the losses, debts and obligations of the LLC shall be limited to their capital contributions; , provided, however, that under applicable law, the Members may under certain circumstances be liable to the LLC to the extent of previous distributions made to them in the event that the LLC does not have sufficient assets to discharge its liabilities. No Member Without limiting the foregoing, (i) no Member, in his, her or its capacity as a Member, shall have any liability lia- bility to restore any negative balance in such Member’s capital account. In no event his, her or its Capital Account and (ii) the failure of the LLC to observe any formalities or requirements relating to exercise of its powers or management of its business or affairs under this Agreement or the Act shall any Member not be personally liable grounds for any imposing per- xxxxx liability on the Members or Managers for liabilities or obligations of the LLC.

Capital Contributions Capital Accounts and Liability of Members. (a) Each Member has contributed in cash to the capital of the LLC the amount set forth opposite such Member’s 's name on Schedule A under the heading “Initial Contribution”hereto. Additional capital contributions may be made by any Member if agreed to by the Manager and the holders of a majority of the outstanding Shares or if permitted by Section 2(d)(xi), and shall be reflected on Schedule A heretoall Members. The Manager shall have the right to amend Schedule A to reflect the admission of additional Members in accordance with this Agreement. The Manager shall furnish promptly to each of the Members any revisions to Schedule A that may be effected. (b) Except as otherwise provided in this Section 37, no Member shall be obligated or permitted to contribute any additional capital to the LLC. No interest shall accrue on any contributions to the capital of the LLC, and no Member shall have the right to withdraw or to be repaid any capital contributed by it or to receive any other payment in respect of its interest in the LLC, including including, without limitation limitation, as a result of the withdrawal or resignation of such Member from the LLC, except as specifically provided in this Agreement. (cb) A separate capital account shall be established for each Member, and “Capital Account” shall be maintained for each Member and adjusted in accordance with applicable regulations Regulations under Section 704 of the Internal Revenue Code of 1986, as amended (the “Code”). To the extent consistent with such regulationsRegulations, the adjustments to such Capital Accounts shall include the following: (i) there shall be credited to each Member’s capital account 's Capital Account the amount of any contribution cash or the net fair market value of capital made any property actually contributed by such Member to the LLC, capital of the LLC and such Member’s 's share of the net profits of the LLC, LLC and of any items in the nature of income or gain separately allocated to the Members; and (ii) there shall be charged against each Member’s capital account 's Capital Account the amount of all distributions any cash and the net fair market value of any property distributed to such Member, Member and such Member’s 's share of the net losses of the LLCLLC and of any items in the nature of losses or deductions separately allocated to the Members. (dc) The liability of the Members for the losses, debts and obligations of the LLC shall be limited to their capital contributions; provided, however, that under applicable law, the Members may under certain circumstances be liable to the LLC to the extent of previous distributions made to them in the event that the LLC does not have sufficient assets to discharge its liabilities. No Without limiting the foregoing, (i) no Member, in his, her or its capacity as a Member shall have any liability to restore any negative balance in such Member’s capital account. In no event his, her or its Capital Account and (ii) the failure of the LLC to observe any formalities or requirements relating to exercise of its powers or management of its business or affairs under this Agreement or the Act shall any Member not be personally liable grounds for any imposing personal liability on the Members or Managers for liabilities or obligations of the LLC.

Capital Contributions Capital Accounts and Liability of Members. (a) Each Member has contributed in cash to the capital of the LLC the amount set forth opposite such Member’s name on Schedule A under the heading “Initial Contribution”hereto. Additional capital contributions may be made by any Member if agreed to by the Manager and the holders of a majority of the outstanding Shares or if permitted by Section 2(d)(xi), Members and shall be reflected on Schedule A hereto. The Manager shall have the right to amend Schedule A to reflect the admission of additional Members in accordance with this Agreement. The Manager shall furnish promptly to each of the Members any revisions to Schedule A that may be effected. (b) Except as otherwise provided in this Section 32, no Member shall be obligated or permitted to contribute any additional capital to the LLC. No interest shall accrue on any contributions to the capital of the LLC, and no Member shall have the right to withdraw or to be repaid any capital contributed by it or to receive any other payment in respect of its interest in the LLC, including without limitation as a result of the withdrawal or resignation of such Member from the LLC, except as specifically provided in this Agreement. (c) A separate capital account shall be established for each Member, and shall be maintained in accordance with applicable regulations under the Internal Revenue Code of 1986, as amended (the “Code”). To the extent consistent with such regulations, there shall be credited to each Member’s capital account the amount of any contribution of capital made by such Member to the LLC, and such Member’s share of the net profits of the LLC, and there shall be charged against each Member’s capital account the amount of all distributions to such Member, and such Member’s share of the net losses of the LLC. (d) The liability of the Members for the losses, debts and obligations of the LLC shall be limited to their capital contributions; provided, however, that under applicable law, the Members may under certain circumstances be liable to the LLC to the extent of previous distributions made to them in the event that the LLC does not have sufficient assets to discharge its liabilities. No Member, in his, her or its capacity as a Member (or, if applicable, as a Manager), shall have any liability to restore any negative balance in such Member’s capital accounthis, her or its Capital Account. In no event shall any Member Member, in his, her or its capacity as a Member, be personally liable for any liabilities or obligations of the LLC.

Capital Contributions Capital Accounts and Liability of Members. (a) Each Member has previously contributed in cash to the capital of the LLC Company cash in the amount set forth opposite such Member’s name on Schedule Exhibit A under the heading “Initial Contribution”. Additional capital contributions may be made by any Member if agreed to by the Manager and the holders of a majority of the outstanding Shares or if permitted by Section 2(d)(xi), and shall be reflected on Schedule A attached hereto. The Manager shall have the right to amend Schedule A to reflect the admission of additional Members in accordance with this Agreement. The Manager shall furnish promptly to each of the Members any revisions to Schedule A that may be effected. (b) Except as otherwise provided in this Section 310, no Member Interest Holder shall be obligated or permitted to contribute any additional capital to the LLCCompany. No interest shall accrue on any contributions to the capital of the LLCCompany, and no Member Interest Holder shall have the right to withdraw or to be repaid any capital contributed by it or to receive any other payment in respect of its interest in the LLCCompany, including without limitation as a result of the withdrawal or resignation of such Member (if such Interest Holder is also a Member) from the LLCCompany, except as specifically provided in this Agreement. (c) A separate capital account shall be established for each MemberInterest Holder, and shall be maintained in accordance with applicable regulations under the Internal Revenue Code of 1986, as amended (the “Code”). To the extent consistent with such regulations, there shall be credited to each Member’s Interest Holder's capital account the amount of any contribution of capital made by such Member Interest Holder to the LLCCompany (subject to the contribution restrictions within this Section 10), and such Member’s Interest Holder's share of the net profits of the LLCCompany, and there shall be charged against each Member’s Interest Holder's capital account the amount of all distributions to such MemberInterest Holder, and such Member’s Interest Holder's share of the net losses of the LLCCompany. (d) The liability of the Members Interest Holders for the losses, debts and obligations of the LLC Company shall be limited to their capital contributionscontributions (subject to the contribution restrictions within this Section 10); provided, however, that under applicable law, the Members Interest Holders may under certain circumstances be liable to the LLC Company to the extent of previous distributions made to them in the event that the LLC Company does not have sufficient assets to discharge its liabilities. No Interest Holder, in his, her or its capacity as a Member or as a non-Member Interest Holder, shall have any liability to restore any negative balance in such Member’s capital accounthis or her Capital Account. In no event shall any Interest Holder, in his or her capacity as a Member or non-Member Interest Holder, be personally liable for any liabilities or obligations of the LLCCompany.

Capital Contributions Capital Accounts and Liability of Members. (a) Each Member has contributed in the cash or property to the capital of the LLC the amount set forth opposite such Member’s 's name on Schedule A under the heading “Initial Contribution”attached hereto. Additional capital contributions may be made by any Member if agreed to by the Manager and the holders of a majority of the outstanding Shares or if permitted by Section 2(d)(xi), and shall be reflected on Schedule A heretoall Members. The Manager shall have the right to amend Schedule A to reflect the admission of additional Members in accordance with this Agreement. The Manager shall furnish promptly to each of the Members any revisions to Schedule A that may be effected. (b) Except as otherwise provided in this Section 37, no Member shall be obligated or permitted to contribute any additional capital to the LLC. No interest shall accrue on any contributions to the capital of the LLC, and no Member shall have the right to withdraw or to be repaid any capital contributed by him, her or it or to receive any other payment in respect of its interest in the LLC, including without limitation as a result of the withdrawal or resignation of such Member from the LLC, except as specifically provided in this Agreement. (cb) A separate capital account shall be established for each Member, and "Capital Account" shall be maintained for each Member and adjusted in accordance with applicable regulations Regulations under Section 704 of the Internal Revenue Code of 1986, as amended (the “"Code”"). To the extent consistent with such regulationsRegulations, the adjustments to such Capital Accounts shall include the following: there shall be credited to each Member’s capital account 's Capital Account the amount of any contribution cash or the net fair market value of capital made any property actually contributed by such Member to the LLC, capital of the LLC and such Member’s 's share of the net profits of the LLC, LLC and of any items in the nature of income or gain separately allocated to the Members; and there shall be charged against each Member’s capital account 's Capital Account the amount of all distributions any cash and the net fair market value of any property distributed to such Member, Member and such Member’s 's share of the net losses of the LLCLLC and of any items in the nature of losses or deductions separately allocated to the Members. (dc) The liability of the Members for the losses, debts and obligations of the LLC shall be limited to their capital contributions; provided, however, that under applicable law, the Members may under certain circumstances be liable to the LLC to the extent of previous distributions made to them in the event that the LLC does not have sufficient assets to discharge its liabilities. No Without limiting the foregoing, (i) no Member, in his, her or its capacity as a Member shall have any liability to restore any negative balance in such Member’s capital account. In no event his, her or its Capital Account, and (ii) the failure of the LLC to observe any formalities or requirements relating to exercise of its powers or management of its business or affairs under this Agreement or the Act shall any Member not be personally liable grounds for any imposing personal liability on the Members or managers for liabilities or obligations of the LLC.