Capital Matters. Appropriate revisions will be made to the terms of this Agreement to reflect any recapitalization, stock split, reverse stock split or other similar transaction affecting the Quotas that occurs after the Effective Date.
Capital Matters. 2.1. No Partner shall be obligated or required to make any additional capital contributions or advance any funds to the Partnership unless all of the Partners unanimously agree to do so and unanimously agree as to the amount to be so contributed.
Capital Matters. (a) A Member shall not be entitled to withdraw any part of its Capital Contributions or receive any distributions from the Company except as specifically provided in this Agreement. Except as expressly provided in this Agreement, no Member shall have any priority over any other Member as to the return of its Capital Contributions or as to compensation by way of income, and no additional share of the profits or losses of the Company shall accrue to any Member solely by virtue of its Capital Contributions being proportionately greater than the Capital Contributions of any other Member.
(b) In the event that any Member makes a Loan to the Company that has been approved as a Major Decision, such Loan shall not be considered a contribution to the capital of the Company and shall not increase the Capital Contributions of the lending Member. Repayment of such Loan shall not be deemed withdrawals from the capital of the Company and shall be repaid in accordance with terms agreed by the Board as a unanimous decision.
(c) No Member shall have any obligation to contribute to or in respect of liabilities or obligations of the Company or return distributions made by the Company except as required by the LLC Act, this Agreement or applicable law.
Capital Matters. (a) A Member shall not be entitled to withdraw any part of its Capital Account or receive any distributions from the Company except as specifically provided in this Agreement. No Member shall be entitled to receive any distribution in kind except as otherwise provided herein. No interest shall be paid on or with respect to the Capital Account of any Member. Except as expressly provided herein, no Member shall have any priority over any other Member as to the return of its Capital Contributions or as to compensation by way of income, and no additional share of the profits or losses of the Company shall accrue to any Member solely by virtue of its Capital Account being proportionately greater than the Capital Account of any other Member. No Member shall be entitled to make any Additional Capital Contributions to the Company other than as provided herein.
(b) In the event that any Member makes a loan to the Company, such loan shall not be considered a contribution to the capital of the Company and shall not increase the Capital Account of the lending Member. Repayment of such loans shall not be deemed withdrawals from the capital of the Company.
(c) No Member shall have any obligation to restore any negative balance which may exist from time to time in such Member’s Capital Account. If any Member receives a distribution from the Company in excess of the amount such Member should have received in accordance with the provisions of this Agreement at the time the distribution was made, such Member shall be obligated to pay any such excess to the Company for reallocation to the Member or Members rightfully entitled to such distribution upon demand to do so by the Manager or other Members.
Capital Matters. The details of capital-related items such as options, warrants, convertible securities, subscriptions, stock appreciation rights, phantom stock plans and stock equivalents and other rights, agreements, arrangements and commitments (contingent or otherwise) of any character issued or authorized by the Company relating to the issued or unissued capital stock of the Company (including, without limitation, rights the value of which is determined with reference to the capital stock or other securities of the Company) and any obligations of the Company to issue or sell any shares of capital stock of, or options, warrants, convertible securities, subscriptions or other equity interests in, the Company are disclosed in the SEC Reports and include those matters set forth on Schedule 2.06 hereof. Other than referred to above, there are no other outstanding contractual obligations of the Company to repurchase, redeem or otherwise acquire any shares of the Company common stock of the Company or to pay any dividend or make any other distribution in respect thereof or to provide funds to, or make any investment (in the form of a loan, capital contribution or otherwise) in, any person.
Capital Matters. (a) A Partner shall not be entitled to withdraw any part of its Capital Account or receive any distributions from the Partnership except as specifically provided in this Agreement. No Partner shall be entitled to receive any distribution in kind, except as otherwise provided in this Agreement. No interest shall be paid on or with respect to the Capital Account of any Partner. Except as expressly provided in this Agreement, no Partner shall have any priority over any other Partner as to the return of its contributions to the capital of the Partnership or as to compensation by way of income, and no additional share of the profits or losses of the Partnership shall accrue to any Partner solely by virtue of its Capital Account being proportionately greater than the Capital Account of any other Partner. No Partner shall be entitled to make any Additional Capital Contributions to the Partnership other than as provided in this Agreement.
(b) In the event that any Partner makes a Loan to the Partnership (it being acknowledged that any such Loan requires approval pursuant to Section 5.2), such Loan shall not be considered a contribution to the capital of the Partnership and shall not increase the Capital Account of the lending Partner. Repayment of such Loans shall not be deemed withdrawals from the capital of the Partnership.
Capital Matters. (a) A Member shall not be entitled to withdraw any part of its Capital Account or receive any distributions from the Company except as specifically provided in this Agreement. No Member shall be entitled to receive any distribution in kind. No interest shall be paid on or with respect to the Capital Account of any Member. Except as expressly provided herein, no Member shall have any priority over any other Member as to the return of its Capital Contributions or as to compensation by way of income, and no additional share of the profits or losses of the Company shall accrue to any Member solely by virtue of its Capital Account being proportionately greater than the Capital Account of any other Member. No Member shall be entitled or required to make any additional Capital Contributions to the Company other than as provided herein.
(b) If any Member makes a loan to the Company, such loan shall not be considered a contribution to the capital of the Company and shall not increase the Capital Account of the lending Member. Repayment of such loans shall not be deemed a withdrawal from the capital of the Company.
(c) No Member shall have any obligation to restore any negative balance which may exist from time to time in such Member’s Capital Account. If any Member receives a distribution from the Company in excess of the amount such Member should have received in accordance with the provisions of this Agreement at the time the distribution was made, such Member shall be obligated to pay any such excess to the Company for reallocation to the Member or Members rightfully entitled to such distribution upon demand to do so by the Manager.
Capital Matters. The allotment or issue of any shares of NuclearSub, any equity contribution to NuclearSub without the allotment or issue of shares by NuclearSub, or the creation or issue of any option, warrant or other right to subscribe or acquire, or convert any security into, any shares of NuclearSub, in each case otherwise than in accordance with Clause 16 (Shareholder funding).
Capital Matters. The Company will have initial authorized capital of 100 units of membership interests. Effective as of the formation of the Company, the Company shall issue 50 Membership Interests to each of the Members, in accordance with the provisions of Section 3.2.
Capital Matters. Except as otherwise expressly provided in this --------------- Agreement or as otherwise agreed in writing by the Members, (i) no Member shall be entitled to receive interest on such Members' Capital Contributions, (ii) no Member shall be required or obligated to contribute additional Capital to the Company, (iii) no Capital Contributions of any Member may be withdrawn by such Member, (iv) no Member shall have the right to demand or receive property other than cash in return for such Members' Capital Contributions, and (v) except as provided in Section 6.4(b), no Member shall have the right to the return of all or any portion of its Capital Contributions before the dissolution and termination of the Company and then only to the extent of the cash and other property, if any, distributable to the Members upon Company liquidation.
