Common use of EXCESS CAPITAL CONTRIBUTIONS Clause in Contracts

EXCESS CAPITAL CONTRIBUTIONS. To the extent the Management Committee determines, in its sole discretion, that the Fund has received Capital Contributions in excess of the Fund's needs, the Management Committee may return said excess Capital Contributions to the Investors, provided that at the time of such partial returns (i) all liabilities of the Fund to Persons other than Investors have been paid or, in the good faith determination of the Management Committee, there remains property of the Fund sufficient to pay them and (ii) the Management Committee causes this Agreement to be amended, if necessary, to reflect a reduction in Capital Contributions. In the event that the Management Committee elects to make a partial return of Capital Contributions to Investors, such distribution shall be made pro rata to all of the Investors based upon the number of Shares held by each Investor. Each Investor, by becoming such, consents to such pro rata distribution theretofore or thereafter duly authorized and made in accordance with this Section 7.05. Without the consent of all Investors, no

EXCESS CAPITAL CONTRIBUTIONS. To the extent the Management Committee determinesDirectors determine, in its their sole discretion, that the Fund has received Capital Contributions in excess of the Fund's needs, the Management Committee Directors may return said excess Capital Contributions to the Investors, provided that at the time of such partial returns (i) all liabilities of the Fund to Persons other than Investors have been paid or, in the good faith determination of the Management CommitteeDirectors, there remains property of the Fund sufficient to pay them and (ii) the Management Committee causes Directors cause this Agreement to be amended, if necessary, to reflect a reduction in Capital Contributions. In the event that the Management Committee elects Directors elect to make a partial return of Capital Contributions to Investors, such distribution shall be made pro rata to all of the Investors based upon the number of Shares held by each Investor. Each Investor, by becoming such, consents to such pro rata distribution theretofore or thereafter duly authorized and made in accordance with this Section 7.05. Without the consent of all Investors, nono Investor shall have the right to receive property other than cash in return for such Investor's Capital Contribution unless such property is in the form of marketable securities and made valid to all Investors.