Common use of Drawdowns of Available Commitment; Deficiency Drawdowns Clause in Contracts

Drawdowns of Available Commitment; Deficiency Drawdowns. (a) The Company may draw down capital contributions from time to time from each Member up to such Member’s Available Commitment with respect to its Common Units and may require each Member to make any other payment required under this Agreement. Each Member agrees to contribute or pay to the Company the called amount by the date specified in the capital call notice, provided that the due date shall not be less than ten Business Days following the date the drawdown notice is dispatched (except that the due date for the initial drawdown with respect to newly issued Units shall not be less than five Business Days following the date the drawdown notice is dispatched). (b) Calls for capital contributions, or a rescission or postponement of such a call with respect to Common Units, will be sent to each Common Unitholder by electronic facsimile or electronic mail. A call for capital contributions may be rescinded or postponed by the Company by prompt written notice but no later than the due date specified therein. In the case of a postponement to a specified future date, such notice shall restate the information contained in the original notice, indicating any material changes. (c) All capital contributions or other payments shall be made to the Company by wire transfer or other transfer of federal or other immediately available U.S. funds on or before the relevant due date to the account designated for such purpose. Each Common Unitholder shall be obligated to make payment in full of each required capital contribution per Common Unit, together with any interest or other amounts due thereon, on the date due, and no Common Unitholder shall make (nor shall the Company be obligated to accept) less than the full amount of any such required capital contribution. (d) Each capital call will be issued in the amount per Common Unit specified by the Company, and such amount will be applicable to all Common Units outstanding as of the date such capital call is due to be contributed to the Company; provided that in connection with the issuance of any new Common Units, the amount to be contributed as payment for such newly issued Common Units will be determined in accordance with 3.3.1. Notwithstanding the foregoing, if any Common Unitholder has failed to make a capital contribution with respect to its applicable Common Units when due, the Company in its discretion may call for a deficiency drawdown of contributions from the other Common Unitholders to replace the unpaid contribution upon seven Business Days’ prior written notice. For purposes of 6.2, the amount of a Common Unitholder’s contribution that is not paid when due shall be deemed to include such Common Unitholder’s ratable share, determined on a grossed-up basis, of any deficiency drawdown with respect to such Common Unitholder’s unpaid contribution.

Drawdowns of Available Commitment; Deficiency Drawdowns. (a) The Company may draw down capital contributions from time to time from each Member up to such Member’s Available Commitment with respect to its Common Units and may require each Member to make any other payment required under this Agreement. Each Member agrees to contribute or pay to the Company the called amount by the date specified in the capital call notice, provided that the due date shall not be less than ten seven Business Days following the date the drawdown notice is dispatched (except that the due date for the initial drawdown with respect to newly issued Units shall not be less than five three Business Days following the date the drawdown notice is dispatched). (b) Calls for capital contributions, or a rescission or postponement of such a call with respect to Common Units, will be sent to each Common Unitholder by electronic facsimile or electronic mail. A call for capital contributions may be rescinded or postponed by the Company by prompt written notice but no later than the due date specified therein. In the case of a postponement to a specified future date, such notice shall restate the information contained in the original notice, indicating any material changes. (c) All capital contributions or other payments shall be made to the Company by wire transfer or other transfer of federal or other immediately available U.S. funds on or before the relevant due date to the account designated for such purpose. Each Common Unitholder shall be obligated to make payment in full of each required capital contribution per Common Unit, together with any interest or other amounts due thereon, on the date due, and no Common Unitholder shall make (nor shall the Company be obligated to accept) less than the full amount of any such required capital contribution. (d) Each capital call will be issued in the amount per Common Unit specified by the Company, and such amount will be applicable to all Common Units outstanding as of the date such capital call is due to be contributed to the Company; provided that in connection with the issuance of any new Common Units, the amount to be contributed as payment for such newly issued Common Units will be determined in accordance with 3.3.1. Notwithstanding the foregoing, if any Common Unitholder has failed to make a capital contribution with respect to its applicable Common Units when due, the Company in its discretion may call for a deficiency drawdown of contributions from the other Common Unitholders to replace the unpaid contribution upon seven three Business Days’ prior written notice. For purposes of 6.2, the amount of a Common Unitholder’s contribution that is not paid when due shall be deemed to include such Common Unitholder’s ratable share, determined on a grossed-up basis, of any deficiency drawdown with respect to such Common Unitholder’s unpaid contribution.

Drawdowns of Available Commitment; Deficiency Drawdowns. (a) The Company may draw down capital contributions from time to time from each Member up to such Member’s Available Commitment with respect to its Common Units each class of Interests it holds and may require each Member to make any other payment required under this Agreement. Each Member agrees to contribute or pay to the Company the called amount by the date specified in the capital call notice, provided that the due date shall not be less than ten seven Business Days following the date the drawdown notice is dispatched (except that the due date for the initial drawdown with respect to newly issued Units Interests shall not be less than five three Business Days following the date the drawdown notice is dispatched). (b) Calls for capital contributions, or a rescission or postponement of such a call with respect to Common UnitsInterests, will be sent to each Common Unitholder Member by electronic facsimile or electronic mail. A call for capital contributions may be rescinded or postponed by the Company by prompt written notice but no later than the due date specified therein. In the case of a postponement to a specified future date, such notice shall restate the information contained in the original notice, indicating any material changes. (c) All Except as set forth in 6.1.7, all capital contributions or other payments shall be made to the Company by wire transfer or other transfer of federal or other immediately available U.S. funds on or before the relevant due date to the account designated for such purpose. Each Common Unitholder Member shall be obligated to make payment in full of each required capital contribution per Common Unit, together with any interest or other amounts due thereon, on the date due, and no Common Unitholder Member shall make (nor shall the Company be obligated to accept) less than the full amount of any such required capital contribution. (d) Each capital call will be issued in the amount per Common Unit specified by the Company, and such amount will be applicable to all Common Units outstanding as of the date such capital call is due to be contributed to the Company; provided that in connection with the issuance of any new Common Units, the amount to be contributed as payment for such newly issued Common Units will be determined in accordance with 3.3.1. Notwithstanding the foregoing, if any Common Unitholder has failed to make a capital contribution with respect to its applicable Common Units when due, the Company in its discretion may call for a deficiency drawdown of contributions from the other Common Unitholders to replace the unpaid contribution upon seven Business Days’ prior written notice. For purposes of 6.2, the amount of a Common Unitholder’s contribution that is not paid when due shall be deemed to include such Common Unitholder’s ratable share, determined on a grossed-up basis, of any deficiency drawdown with respect to such Common Unitholder’s unpaid contribution.