Common use of Capital Return Clause in Contracts

Capital Return. Any Member who has received the return of all or any -------------- part of such Person's Capital Contribution will have no liability to return such Distribution to the Company after the expiration of three years from the date of such Distribution unless Notice of an obligation to return is given to such Person within such three-year period; provided that if such return of capital has occurred without violation of the Act, the Certificate or this Agreement, the three-year obligation to return capital will apply only to the extent necessary to discharge the Company's liability to its creditors who reasonably relied on such obligation in extending credit prior to such return of capital.

Appears in 4 contracts

Samples: Operating Agreement (FLN Finance Inc), Operating Agreement (FLN Finance Inc), Operating Agreement (FLN Finance Inc)

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Capital Return. Any Member who has received the return of all or any -------------- part of such Person's Member’s Capital Contribution will have no liability to return such Distribution to the Company after the expiration of three years from the date of such Distribution unless Notice of an obligation to return is given to such Person within such three-year period; provided that if such return of capital has occurred without violation of the Act, the Certificate or this Agreement, the three-year obligation to return capital will apply only to the extent necessary to discharge the Company's ’s liability to its creditors who reasonably relied on such obligation in extending credit prior to such return of capital.

Appears in 2 contracts

Samples: Operating Agreement (Liberty Media Corp /De/), Operating Agreement (Liberty Media Corp /De/)

Capital Return. Any Member who has received the return of all or any -------------- part of such Person's Capital Contribution will have no liability to return such Distribution to the Company after the expiration of three years from the date of such Distribution unless Notice of an obligation to return is given to such Person within such three-year period; provided that if such return of capital has occurred without violation of the Act, the Certificate or this Agreement, the three-year obligation to return capital will apply only to the extent necessary to discharge the Company's liability to its creditors who reasonably relied on such obligation in extending credit prior to such return of capital.

Appears in 2 contracts

Samples: Operating Agreement (Tci Satellite Entertainment Inc), Operating Agreement (Tci Satellite Entertainment Inc)

Capital Return. Any Member who has received the return of all or -------------- any -------------- part of such Person's Capital Contribution will have no liability to return such Distribution to the Company after the expiration of three years from the date of such Distribution unless Notice of an obligation to return is given to such Person within such three-year period; provided that if such return of capital has occurred without violation of the Act, the Certificate or this Agreement, the three-year obligation to return capital will apply only to the extent necessary to discharge the Company's liability to its creditors who reasonably relied on such obligation in extending credit prior to such return of capital.

Appears in 1 contract

Samples: Operating Agreement (FLN Finance Inc)

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Capital Return. Any Member who has received the return of all or any -------------- part of such PersonMember's Capital Contribution will have no liability to return such Distribution to the Company after the expiration of three years from the date of such Distribution unless Notice of an obligation to return is given to such Person within such three-year period; provided that if such return of capital has occurred without violation of the Act, the Certificate or this Agreement, the three-year obligation to return capital will apply only to the extent necessary to discharge the Company's liability to its creditors who reasonably relied on such obligation in extending credit prior to such return of capital.

Appears in 1 contract

Samples: Operating Agreement (Liberty Media International Inc)

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