Investor Defaults Clause Samples

Investor Defaults. Aggregator Fund will report all Investor Defaults (except as a result of Transfers in accordance with Section 9.05) to Borrowers by the tenth (10th) Business Day of each calendar month (or within two (2) Business Days of such Investor Default if cumulative Investor Defaults equal two percent (2%) or more of aggregate Capital Commitments in Aggregator Fund);

Investor Defaults. An "Investor Default" shall mean the occurrence of one or more of the following described events:

Investor Defaults. (a) In the event that the Limited Partner shall fail to pay the full amount of any required Capital Contribution to the Partnership as set forth in Section 7.2, and provided that the Administrative General Partner is not in default under any material provision of this Agreement, the Limited Partner shall be in default under this Agreement and the Administrative General Partner shall have the right, at its option, to commence a cause of action in the appropriate court to obtain a judgment against the Limited Partner or it may request binding arbitration as provided below. None of the Limited Partner’s members or partners shall have any personal liability to any of the parties hereto with regard to any default in the payment by the Limited Partner of a Capital Contribution or portion thereof to the Partnership. (b) If the Administrative General Partner elects binding arbitration as a remedy, such arbitration will be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association and Title 9 of the U.S. Code, except as expressly provided below. All claims will be subject to the statutes of limitation applicable if they were litigated. The arbitration shall be conducted before three arbitrators (unless the parties mutually agree to one neutral arbitrator knowledgeable in the issues being arbitrated) designated as follows: (i) the Administrative General Partner shall designate in writing, within ten (10) days of election to arbitrate, the name of a neutral attorney knowledgeable in the issues being arbitrated; (ii) the Limited Partner shall make a similar designation of a neutral attorney knowledgeable in the issues being arbitrated within this initial ten (10) day period; and (iii) within seven (7) days after the designations as aforesaid, the arbitrators so designated shall select and designate one additional arbitrator who is a neutral attorney knowledgeable in the issues being arbitrated. If the arbitrators designated by the parties are unable to agree upon an additional arbitrator, then the additional arbitrator shall be designated by the Chief Judge of the District Court of Orange County as soon thereafter as possible. (c) A majority of the arbitrators designated and acting under this section shall make the award. Any such award shall be binding upon the parties and enforceable by any court exercising jurisdiction over the parties. Each party involved in the arbitration shall bear equally the expense of arbitration pr...