Common use of Failure to Fund Capital Contributions Clause in Contracts

Failure to Fund Capital Contributions. If a Member shall fail to timely make any Capital Contribution required pursuant to Section 2.2(c) (such Member being hereinafter referred to as a “Non-Contributing Member”), the Managing Member shall promptly give the other Members notice of the amount not funded by the Non-Contributing Member (such amount being hereinafter referred to as the “Failed Contribution”), and if one or more of such other Members shall have funded its ratable share of the Capital Contribution in question (each a “Contributing Member” and collectively, the “Contributing Members”), each Contributing Member shall have the right within fifteen (15) days after receipt of such notice to fund its pro rata portion of such Failed Contribution (such amount of all or any part of a Failed Contribution funded by such Contributing Member, the “Funded Amount”), and elect, at its sole election, to make such Additional Capital Contribution (i) as an Additional Capital Contribution by the Contributing Members (in which event the provisions of Section 2.2(d)(i) shall apply) or as (ii) a priming capital contribution to the Company in the amount of the Additional Capital Contribution required to be made by the Non-Contributing Member (the “Priming Capital Contribution”) (in which event the provisions of Section 2.2(d)(ii) shall apply).

Failure to Fund Capital Contributions. If a any Member shall fail to timely make any Capital Contribution a capital contribution required to be made pursuant to Section 2.2(c) 5.2 in the amount and within the time period specified in the Capital Call (such Member being is hereinafter referred to as a “"Non-Contributing Member”"), the Managing Member Manager shall promptly give the notice of such failure to all other Members notice and the amount of the amount capital contribution not funded by the Non-Contributing Member (such amount being is hereinafter referred to as the “"Failed Contribution”"), and if one any Member or more Members may fund all or part of such other Members shall have funded its ratable share of the Capital Failed Contribution in question (each such funding Member is hereinafter referred to as a “"Contributing Member” and collectively, the “"). If more than one Member desires to be a Contributing Members”)Member, each Contributing such Member shall have the right within fifteen (15to fund the amount the Non-Contributing Member(s) days after receipt failed to fund pro rata in proportion to the relative Percentage Interests of such notice to fund Contributing Members; provided that, if any such Member funds less than its pro rata portion share, the other Members shall have the right to fund an amount equal to the difference between such first Member's pro rata share and the amount such first Member actually contributed pursuant to this sentence, on a pro rata basis in proportion to the relative Percentage Interests of such Failed Contribution (such amount of other Members. Upon funding all or any part of a Failed Contribution, any Contributing Member may elect the following treatment for the portion (the "Funded Portion") of the Failed Contribution funded by such Contributing Member, the “Funded Amount”), and elect, at its sole election, to make such Additional Capital Contribution (i) as an Additional Capital Contribution by the Contributing Members (in which event the provisions of Section 2.2(d)(i) shall apply) or as (ii) a priming capital contribution to the Company in the amount of the Additional Capital Contribution required to be made by the Non-Contributing Member (the “Priming Capital Contribution”) (in which event the provisions of Section 2.2(d)(ii) shall apply).:

Failure to Fund Capital Contributions. If a Member shall fail to timely make any Capital Contribution required pursuant to Section 2.2(c2.2(b) (such Member being hereinafter referred to as a “Non-Contributing Member”), the Managing Member (or, if the Managing Member fails to do so, any other Member) shall promptly give the other Members notice of the amount not funded by the Non-Contributing Member (such amount being hereinafter referred to as the “Failed Contribution”), and if one or more of such other Members shall have funded its ratable share of the Capital Contribution in question (each a “Contributing Member” and collectively, the “Contributing Members”), each Contributing Member shall have the right within fifteen (15) days after receipt of such notice to fund its pro rata portion of such Failed Contribution (such amount of all or any part of a Failed Contribution funded by such Contributing Member, the “Funded Amount”), and elect, at its sole election, to make such Additional Capital Contribution (i) as an Additional Capital Contribution by the Contributing Members (in which event the provisions of Section 2.2(d)(i) shall apply) or as (ii) a priming capital contribution to the Company in the amount of the Additional Capital Contribution required to be made by the Non-Contributing Member (the “Priming Capital Contribution”) (in which event the provisions of Section 2.2(d)(ii) shall apply).

Failure to Fund Capital Contributions. If a any Capital Member shall fail to timely make any Capital Contribution a capital contribution required pursuant to Section 2.2(c) a Capital Call in the amount and within the time periods specified therein (such Capital Member being hereinafter herein referred to as a “Non-Contributing Member”), the Managing Member Members shall promptly give the other Members notice of such failure to all other Capital Members and the amount of the capital contribution not funded by the Non-Contributing Member (such amount being is herein referred to as the 49 “Failed Contribution”) and, within two (2) Business Days after receiving notice of such failure, any Capital Member or Capital Members that is or are not in default with respect to the Failed Contribution or any contribution required to be made in connection with such Capital Call may fund all or part of such Failed Contribution (each such funding Capital Member is hereinafter referred to as the “Failed Contribution”), and if one or more of such other Members shall have funded its ratable share of the Capital Contribution in question (each a “Contributing Member” and collectively, the “Contributing Members”). If more than one Capital Member desires to be a Contributing Member, each Contributing such Capital Member shall have the right within fifteen (15) days after receipt of such notice to fund its pro rata a portion of such Failed Contribution (pro rata in proportion to the relative Percentage Interests of such amount of Contributing Members. At any time after funding all or any part of a Failed Contribution funded by such Contribution, the Contributing Members may elect to treat the entire amount as one of the following (and if there is more than one Contributing Member, the “Funded Amount”), and elect, at its sole election, to make each such Additional Capital Contribution (i) as an Additional Capital Contribution by the Contributing Members (in which event the provisions of Section 2.2(d)(i) shall apply) or as (ii) a priming capital contribution to the Company in the amount of the Additional Capital Contribution required to be made by the Non-Contributing Member (the “Priming Capital Contribution”) (in which event the provisions of Section 2.2(d)(ii) shall applymay separately make its own election).;

Failure to Fund Capital Contributions. If any Managing Member who is required to fund a Member shall fail Capital Call fails to timely make any Capital Contribution do so in the amount and within the time required pursuant to under Section 2.2(c5.2(a) or (such Member being hereinafter referred to b), as a “applicable ("Non-Contributing Member”"), the Manager shall give notice of such failure to all other Managing Member shall promptly give the other Members notice required to make such Capital Contribution, including a statement of the amount of the Capital Contribution not funded by the Non-Contributing Member (such amount being is hereinafter referred to as the “"Failed Contribution”"), and if one the other such Managing Members may fund all or more part of such other Members shall have funded its ratable share of the Capital Failed Contribution in question (each such funding Member is hereinafter referred to as a “"Contributing Member” and collectively, the “"). If more than one Managing Member desires to be a Contributing Members”)Member, each Contributing such Member shall have the right within fifteen (15to fund the amount the Non-Contributing Member(s) days after receipt failed to fund pro rata in proportion to the relative Percentage Interests of such notice to fund Contributing Members; PROVIDED that, if any such Contributing Member funds less than its pro rata portion share, the other Contributing Members shall have the right to fund an amount equal to the difference between such first Contributing Member's pro rata share and the amount such first Member actually contributed pursuant to this sentence, on a pro rata basis in proportion to the relative Percentage Interests of such Failed Contribution (such amount of Contributing Members. Upon funding all or any part of a Failed Contribution, any Contributing Member may elect the following treatment for the portion (the "Funded Portion") of the Failed Contribution funded by such Contributing Member, the “Funded Amount”), and elect, at its sole election, to make such Additional Capital Contribution (i) as an Additional Capital Contribution by the Contributing Members (in which event the provisions of Section 2.2(d)(i) shall apply) or as (ii) a priming capital contribution to the Company in the amount of the Additional Capital Contribution required to be made by the Non-Contributing Member (the “Priming Capital Contribution”) (in which event the provisions of Section 2.2(d)(ii) shall apply).:

Failure to Fund Capital Contributions. If any Managing Member who is required to fund a Member shall fail Capital Call fails to timely make any Capital Contribution do so in the amount and within the time required pursuant to under Section 2.2(c5.2(a) or (such Member being hereinafter referred to b), as a “applicable ("Non-Contributing Member”"), the Manager shall give notice of such failure to all other Managing Member shall promptly give the other Members notice required to make such Capital Contribution, including a statement of the amount of the Capital Contribution not funded by the Non-Contributing Member (such amount being is hereinafter referred to as the “"Failed Contribution”"), and if one the other such Managing Members may fund all or more part of such other Members shall have funded its ratable share of the Capital Failed Contribution in question (each such funding Member is hereinafter referred to as a “"Contributing Member” and collectively, the “"). If more than one Managing Member desires to be a Contributing Members”)Member, each Contributing such Member shall have the right within fifteen (15to fund the amount the Non-Contributing Member(s) days after receipt failed to fund pro rata in proportion to the relative Percentage Interests of such notice to fund Contributing Members; provided that, if any such Contributing Member funds less than its pro rata portion share, the other Contributing Members shall have the right to fund an amount equal to the difference between such first Contributing Member's pro rata share and the amount such first Member actually contributed pursuant to this sentence, on a pro rata basis in proportion to the relative Percentage Interests of such Failed Contribution (such amount of Contributing Members. Upon funding all or any part of a Failed Contribution, any Contributing Member may elect the following treatment for the portion (the "Funded Portion") of the Failed Contribution funded by such Contributing Member, the “Funded Amount”), and elect, at its sole election, to make such Additional Capital Contribution (i) as an Additional Capital Contribution by the Contributing Members (in which event the provisions of Section 2.2(d)(i) shall apply) or as (ii) a priming capital contribution to the Company in the amount of the Additional Capital Contribution required to be made by the Non-Contributing Member (the “Priming Capital Contribution”) (in which event the provisions of Section 2.2(d)(ii) shall apply).:

Failure to Fund Capital Contributions. If a any Initial Member shall fail to timely make any Capital Contribution a capital contribution required to be made pursuant to Section 2.2(c) 5.2 in the amount and within the time period specified in the Capital Call (such Initial Member being is hereinafter referred to as a “"Non-Contributing Member”"), the Managing Member Manager shall promptly give the other Members notice of such failure to all other Initial Members and the amount of the capital contribution not funded by the Non-Non- Contributing Member (such amount being is hereinafter referred to as the “"Failed Contribution”"), and if one any Initial Member or more Initial Members may fund all or part of such other Members shall have funded its ratable share of the Capital Failed Contribution in question (each such funding Initial Member is hereinafter referred to as a “"Contributing Member” and collectively, the “"). If more than one Initial Member desires to be a Contributing Members”)Member, each Contributing such Initial Member shall have the right within fifteen (15to fund the amount the Non-Contributing Member(s) days after receipt failed to fund pro rata in proportion to the relative Percentage Interests of such notice to fund Contributing Members; provided that, if any such Initial Member funds less than its pro rata portion share, the other Initial Members shall have the right to fund an amount equal to the difference between such first Initial Member's pro rata share and the amount such first Initial Member actually contributed pursuant to this sentence, on a pro rata basis in proportion to the relative Percentage Interests of such Failed Contribution (such amount of other Initial Members. Upon funding all or any part of a Failed Contribution, any Contributing Member may elect the following treatment for the portion (the "Funded Portion") of the Failed Contribution funded by such Contributing Member, the “Funded Amount”), and elect, at its sole election, to make such Additional Capital Contribution (i) as an Additional Capital Contribution by the Contributing Members (in which event the provisions of Section 2.2(d)(i) shall apply) or as (ii) a priming capital contribution to the Company in the amount of the Additional Capital Contribution required to be made by the Non-Contributing Member (the “Priming Capital Contribution”) (in which event the provisions of Section 2.2(d)(ii) shall apply).: