Capital Contributions for Purchase of Eligible Containers. (a) The Company may purchase marine cargo containers pursuant to that certain Container Purchase Agreement, dated December 20, 2012 (as amended, restated, supplemented or otherwise modified from time to time, the “Container Purchase Agreement”), between Textainer Group Holdings Limited, an exempted company with limited liability incorporated and existing under the laws of Bermuda (“TGH”), and the Company, or otherwise (each such purchase, an “Investment Opportunity”). Investment Opportunities may be funded from available cash and/or from the proceeds of Capital Contributions by the Members, subject to this Section 3.2.
Capital Contributions for Purchase of Eligible Containers. (a) Pursuant to that certain offer letter from Manager to the Company dated effective as of the Restatement Effective Date (“Offer Letter”), the Manager has agreed to offer from time to time to the Company, for purchase through Textainer or its designee, for the period commencing on the Restatement Effective Date and ending on earlier of the Commitment Expiration Date or the date of termination under Section 2.2(d)(iv) (the “Purchase Opportunity Period”), purchase opportunities (the “Purchase Opportunities”) for New Containers representing fifty percent (50%) of the aggregate amount of New Container purchases to be made by the Manager for its own account or for the account of its Affiliates or other Persons (in the case of each such transaction, the “Purchase Opportunity Containers”) during the Purchase Opportunity Period (in each case, the “Investment Opportunity”). All opportunities relating to purchases of New Containers by the Manager in any period following the meeting of the Manager’s Equipment Investment Committee (or equivalent committee) at which purchases of new Containers by the Manager were last considered shall be aggregated into a single Investment Opportunity for these purposes as determined in the reasonable judgment of the Company. Those Containers which are not Purchase Opportunity Containers hereunder are sometimes referred to herein as the “Surplus Containers” and the Class A Members shall have no rights of contribution or purchase under this Section 2.2 with respect to such Containers; provided, however, that the Manager may, with the consent of both Class A Members, increase the number of containers with respect to which a Purchase Opportunity is presented to include any or all of any Surplus Containers for such period
Capital Contributions for Purchase of Eligible Containers. (a) The Members shall, from time to time after the Closing Date on a several basis, make additional Capital Contributions by way of contributed surplus, in proportion to their respective Sharing Ratios, to the Company as provided herein, but in no event shall the aggregate amount of any Member’s Capital Contributions exceed the amount of such Member’s Commitment set forth on Exhibit C hereto, and provided, further, that no Member shall be required to make an additional Capital Contribution unless the other Member shall have made an additional Capital Contribution of equal amount. The actual amount of funds contributed by each Member will be determined pursuant to the applicable procedures set forth in this Section 2.2.
