Common use of Capital Contributions in Cash Clause in Contracts

Capital Contributions in Cash. Funding of both initial and additional Capital Contributions to the Partnership shall be in cash and not real or personal property, provided, however, that with respect to its initial Capital Contribution the General Partner for its Partnership Interest as General Partner and as a Limited Partner may contribute, in lieu of or in addition to cash, real property (including buildings), equipment acquired and other direct expenses incurred in anticipation of and for use by the Partnership in the provision of Cellular Service. The approximate or actual cost associated with and directly related to the acquisition of such real property (including buildings), equipment and other direct expenses incurred is set forth in Attachment A. The value of such contributed real property (including buildings), equipment acquired and other direct expenses incurred is to be determined on the basis of acquisition cost plus interest calculated at the General Partner's average cost of debt, compounded annually from the date of acquisition to the date by which all other initial Capital Contributions have been received. The Partners recognize the General Partner may have acquired and may continue to acquire real property (including buildings), and equipment and incur other direct expenses in anticipation of and for use by the Partnership in the provision of Cellular Service. Additional real property (including buildings) and equipment may be purchased between execution of this Agreement and the date when the initial Capital Contribution is made; therefore, Attachment A may not list all such real property (including buildings), equipment and direct expenses the General Partner would contribute to the Partnership. In the event such further property, equipment, or direct expenses is contributed (a) it shall be valued as set forth in this Section 5.3, and (b) its value shall be deducted from the cash portion of the General Partner's initial Capital Contribution as set forth in Attachment A.

Appears in 3 contracts

Samples: Agreement (Sand Creek Communications Co), Agreement (Sand Creek Communications Co), Agreement (Sand Creek Communications Co)

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Capital Contributions in Cash. Funding of both initial and additional Capital Contributions to the Partnership shall be in cash and not real or personal property, provided, however, that with respect to its their initial Capital Contribution the General Partner for its Partnership Interest as General Partner and as a Limited Partner Partners may contribute, in lieu of or in addition to cash, real property (including buildings), ) and equipment acquired and other direct expenses incurred in anticipation of and for use by the Partnership in the provision of Cellular Service, subject to approval by all the partners. The approximate or actual cost associated with and directly related to the acquisition of such real property (including buildings), ) and equipment and other direct expenses incurred is set forth in Attachment A. Appendix B. The Partners agree that the fair market value of such contributed real property (including buildings), ) and equipment acquired and other direct expenses incurred is to be determined on the basis of acquisition cost plus interest calculated at the General Partner's average cost of debt, prime plus one (1) percent compounded annually from the date of acquisition to (a) 60 days after issuance by the FCC of a construction permit to provide cellular service, or (b) the date by which all other initial Capital Contributions have been received, whichever period is shorter. The Partners recognize the General Partner may have has acquired and may will continue to acquire real property (including buildings), ) and equipment and incur other direct expenses in anticipation of and for use by the Partnership in the provision of Cellular Service. Additional real property (including buildings) and equipment may be purchased between execution of this Agreement and the date when the initial Capital Contribution is made; thereforemade and contributed to the Partnership. Therefore, Attachment A Appendix B may not list all such real property (including buildings), ) and equipment and direct expenses the General Partner would contribute to the Partnership. In the event such further property, equipment, property or direct expenses equipment is contributed (ai) it its fair market value shall be valued determined as set forth in this Section 5.3, and (bii) its fair market value shall be deducted from the cash portion of the General Partner's ’s initial Capital Contribution as set forth in Attachment A.Appendix B.

Appears in 1 contract

Samples: Agreement (Warwick Valley Telephone Co)

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