Capital Shortfall Sample Clauses

Capital Shortfall. SFMA will send notices to the Funding Partners or their representatives approximately three months prior to each of the ten capital calls, which are expected to take place approximately one month prior to the Service Commencement Date and approximately every June and December thereafter (the “Capital Call Dates”). The Funding Partners will have a deadline of 45 calendar days, but no less than 30 days, prior to each of these Capital Call Dates to provide the committed capital after which the Funding Partner will be in default (“Capital Shortfall”). SFMA shall provide a) confirmation to the Commonwealth that committed capital has been provided prior to each of the Capital Call Dates and b) information to the Commonwealth as promptly as practicable upon becoming aware of facts that might lead to a Capital Shortfall. SFMA shall keep the Commonwealth promptly apprised of the status of any actions being taken to remedy any such Capital Shortfall.
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Capital Shortfall. There exists a Capital Shortfall that is not cured as stated in Section 8.02 (d) below.
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Capital Shortfall. SFI shall provide notice to all other Parties of a Capital Shortfall (Section 8.01(d) above) that has not been cured within 30 days following a Capital Call Date, as set forth in Section 4.05 hereof. SFI may, within 15 days of providing such notice, present a remediation plan to the Operating Committee for its consideration. The final remediation plan will be presented to the Oversight Committee for approval within 15 days following presentation of such remediation plan. If the Parties agree to a remediation plan, then this PFS Contract will not terminate, and will be amended, if necessary, in accordance with Section 10.02. If the Parties do not agree to a remediation plan, or if SFI does not present a remediation plan within the time frame stated above, the Commonwealth or JVS may then terminate this PFS Contract by written notice to all other Parties; provided, however, that the giving of such notice or the receipt thereof shall not be a condition precedent to such termination. Upon such notice, no additional participants shall be enrolled in any of the Program Tracks, and JVS Services will continue for any remaining participants. Termination of this PFS Contract as to all Parties will be effective on a date to be agreed upon by the Operating Committee, which will be sufficient to allow for an orderly wind-up of the PFS Project, including but not limited to completion of such JVS Services and any evaluation in accordance with Schedule C, Evaluation Plan or early evaluation in accordance with Section 5 of Schedule E, Funding Plan. The Parties shall comply with the Wind-Up procedures set forth in Section 5 of Schedule E, including payment of Success Payments, if any.
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Capital Shortfall. The Estimated Required Adjusted Book Value shall not exceed the sum of (i) the Estimated Total Adjusted Book Value plus (ii) the amount Buyer Parent is required to pay or cause Buyer to pay pursuant to Section 2.3(c) by an amount that is greater than the Maximum Seller Contribution.
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Related to Capital Shortfall

  • Security shortfall If at any time the Security Value is less than the Minimum Value, the Agent may, and shall, if so directed by the Majority Lenders, by notice to the Borrowers require that such deficiency be remedied. The Borrowers shall then within 30 days of receipt of such notice ensure that the Security Value equals or exceeds the Minimum Value. For this purpose, the Borrowers may:

  • Liquidation Preference (a) In the event of any voluntary or involuntary liquidation, dissolution or winding-up of the Partnership, before any payment or distribution of the assets of the Partnership (whether capital or surplus) shall be made to or set apart for the holders of Common Units or any other partnership interests in the Partnership or Units ranking junior to the Series B Preferred Units as to the distribution of assets upon the liquidation, dissolution or winding-up of the Partnership, the holders of the Series B Preferred Units shall, with respect to each such Unit, be entitled to receive, out of the assets of the Partnership available for distribution to Partners after payment or provision for payment of all debts and other liabilities of the Partnership, an amount equal to the greater of (i) $50.00, plus an amount equal to all distributions (whether or not earned or declared) accrued and unpaid thereon to the date of final distribution and (ii) the amount that a holder of such Series B Preferred Unit would have received upon final distribution in respect of the number of Common Units into which such Series B Preferred Unit was convertible immediately prior to such date of final distribution (but no amount shall be paid in respect of the foregoing clause (ii) after the Fifteenth Anniversary Date) if, upon any such voluntary or involuntary liquidation, dissolution or winding-up of the Partnership, the assets of the Partnership, or proceeds thereof, distributable among the holders of the Series B Preferred Units are insufficient to pay in full the preferential amount aforesaid on the Series B Preferred Units and liquidating payments on any other Units or partnership interests in the Partnership of any class or series ranking, as to payment of distributions and amounts upon the liquidation, dissolution or winding-up of the Partnership, on a parity with the Series B Preferred Units, then such assets, or the proceeds thereof, shall be distributed among the holders of Series B Preferred Units and any such other Units or partnership interests in the Partnership ratably in accordance with the respective amounts that would be payable on such Series B Preferred Units and such other Units or partnership interests in the Partnership if all amounts payable thereon were paid in full. For the purposes of this Section 6, none of (i) a consolidation or merger of the Partnership with or into another entity, (ii) a merger of another entity with or into the Partnership or (iii) a sale, lease or conveyance of all or substantially all of the Partnership’s assets, properties or business shall be deemed to be a liquidation, dissolution or winding-up of the Partnership.

  • Principal Payment The Borrower shall fail to pay any principal of any Note when the same becomes due and payable as set forth in this Agreement;

  • Available Funds $ 5,439,225.01 ---------------

  • Realized Losses Realized Losses shall be allocated first against the Overcollateralization Amount, until the Overcollateralization Amount has been reduced to zero. If, after giving effect to the distribution of the Principal Distribution Amount on any Distribution Date the aggregate Class Certificate Balance of the Offered Certificates exceeds the Pool Principal Balance as of the end of the related Due Period, such excess will be allocated against the Class B-3, Class B-2, Class B-1, Class M-6, Class M-5, Class M-4, Class M-3, Class M-2 and Class M-1 Certificates, in that order and until the respective Class Certificate Balances thereof are reduced to zero.

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