Common use of Insufficient Surplus Clause in Contracts

Insufficient Surplus. If the Company shall not have sufficient surplus to permit it lawfully to purchase the Membership Interest under paragraph 14.01, 14.02 or 14.03 of this Agreement at the time of the closing, the other Members may take such action to vote their respective Membership Interests to reduce the capital of the Company or to take such other steps as may be appropriate or necessary in order to enable the Company lawfully to purchase such Membership Interest.

Appears in 2 contracts

Samples: Company Agreement (Green America Recycling, LLC), Company Agreement (Deeproot Growth Runs Deep Fund, LLC)

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Insufficient Surplus. If the Company shall not have sufficient surplus to permit it lawfully to purchase the Membership Interest Units under paragraph 14.01, 14.02 or 14.03 of this Agreement at the time of the closing, the other Members may take such action to vote their respective Membership Interests to reduce the capital of the Company or to take such other steps as may be appropriate or necessary in order to enable the Company lawfully to purchase such Membership InterestUnits.

Appears in 2 contracts

Samples: Operating Agreement (GolfSuites 1, Inc.), Operating Agreement (GolfSuites 1, Inc.)

Insufficient Surplus. If the Company shall not have sufficient surplus to permit it lawfully to purchase the Membership Interest Units under paragraph 14.0114.03, 14.02 14.04 or 14.03 14.05 of this Agreement at the time of the closing, the other Members may take such action to vote their respective Membership Interests to reduce the capital of the Company or to take such other steps as may be appropriate or necessary in order to enable the Company lawfully to purchase such Membership InterestUnits.

Appears in 1 contract

Samples: Operating Agreement (GolfSuites 1, Inc.)

Insufficient Surplus. If the Ifthe Company shall not have sufficient surplus to permit it lawfully to purchase the Membership Interest Merest under paragraph 14.01, 14.02 or 14.03 of this Article 14 ofthis Agreement at the time of the ofthe closing, the other Members may take such action to vote their respective Membership Interests to reduce the capital of the Company or to take such other steps as may be appropriate or necessary in order to enable the Company lawfully to purchase such Membership Interest.

Appears in 1 contract

Samples: Company Agreement

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Insufficient Surplus. If the Company shall not have sufficient surplus to permit it lawfully to purchase the Membership Interest under paragraph 14.01, 14.02 14.02, or 14.03 of this Agreement at the time of the closing, the other Members may take such action to vote their respective Membership Interests to reduce the capital of the Company or to take such other steps as may be appropriate or necessary in order to enable the Company lawfully to purchase such Membership Interest.

Appears in 1 contract

Samples: Company Agreement (River Medical Inc)

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