Common use of Failure to Make Contributions Clause in Contracts

Failure to Make Contributions. If a member fails to make a required capital contribution within the time agreed for a member's contribution, the remaining members may, by unanimous vote, agree to reschedule the time for payment of the capital contribution by the late-paying member, setting any additional repayment terms, such as a late payment penalty, rate of interest to be applied to the unpaid balance, or other monetary amount to be paid by the delinquent member, as the remaining members decide. Alternatively, the remaining members may, by unanimous vote, agree to cancel the membership of the delinquent member, provided any prior partial payments of capital made by the delinquent member are refunded promptly by the LLC to the member after the decision is made to terminate the membership of the delinquent member.

Appears in 52 contracts

Samples: Operating Agreement, Operating Agreement, Operating Agreement

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Failure to Make Contributions. If a member fails to make a required capital contribution within the time agreed for a member's contribution, the remaining members may, by unanimous vote, agree to reschedule the time for payment of the capital contribution by the late-paying member, setting any additional repayment terms, such as a late payment penalty, rate of interest to be applied to the unpaid balance, or other monetary amount to be paid by the delinquent member, as the remaining members decide. Alternatively, the remaining members may, by unanimous vote, agree to cancel the membership of the delinquent member, provided any prior partial payments of capital made by the delinquent member are refunded promptly by the LLC to the member promptly after the decision is made to terminate the membership of the delinquent member.

Appears in 1 contract

Samples: Operating Agreement

Failure to Make Contributions. If a member Member fails to make a required capital contribution within the time agreed for a member's the Member’s contribution, the remaining members Members may, by unanimous vote, agree to reschedule the time for payment of the capital contribution by the late-paying memberMember, setting any additional repayment terms, such as a late payment penalty, rate of interest to be applied to the unpaid balance, or other monetary amount to be paid by the delinquent memberlate- paying Member, as the remaining members Members decide. Alternatively, the remaining members Members may, by unanimous vote, agree to cancel the membership of the delinquent memberlate-paying Member, provided any prior partial payments of capital made by the delinquent member late-paying Member are refunded promptly by the LLC to the member Company after the decision is made to terminate the membership of the delinquent memberlate-paying Member.

Appears in 1 contract

Samples: Operating Agreement

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Failure to Make Contributions. If a member fails to make a required capital contribution within the time agreed for a member's ’s contribution, the remaining members may, by unanimous vote, agree to reschedule the time for payment of the capital contribution by the late-paying member, setting any additional repayment terms, such as a late payment penalty, rate of interest to be applied to the unpaid balance, or other monetary amount to be paid by the delinquent member, as the remaining members decide. Alternatively, the remaining members may, by unanimous vote, agree to cancel the membership of the delinquent member, provided any prior partial payments of capital made by the delinquent member are refunded promptly by the LLC to the member after the decision is made to terminate the membership of the delinquent member.

Appears in 1 contract

Samples: Operating Agreement (S&W Seed Co)

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