Liability for Return of Capital Contributions. Each Member, by its execution of this Agreement, agrees that liability for the return of its Capital Contribution is limited to the Company’s assets and, in the event of an insufficiency of such assets to return the amount of its Capital Contribution, hereby waives any and all claims whatsoever, including any claim for additional contributions that it might otherwise have, against any of the Company’s agents or representatives (in each case, unless there has been fraud, gross negligence or intentional misconduct) by reason thereof. Each Member shall look solely to the Company and its assets for all distributions with respect to the Company and his, her or its Capital Contribution thereto, and shall have no recourse therefor (upon dissolution or otherwise) against any of the Company’s agents or representatives (in each case, unless there has been fraud, gross negligence or intentional misconduct).
Appears in 2 contracts
Samples: Limited Liability Company Agreement (First Capital Real Estate Trust Inc), Interest Contribution Agreement (First Capital Real Estate Trust Inc)
Liability for Return of Capital Contributions. Each Member, by its execution execution of this Agreement, agrees that liability for the return of its Capital Contribution is limited limited to the Company’s assets and, in the event of an insufficiency of such assets to return the amount amount of its Capital Contribution, hereby waives any and all claims whatsoever, including any claim claim for additional contributions that it might otherwise have, against any of the Company’s agents agents or representatives (in each case, case unless there has been fraud, gross negligence or intentional misconductmisconduct) by reason thereof. Each Member shall look solely to the Company and its assets for all all distributions with respect to the Company and his, her or its Capital Contribution thereto, and shall shall have no recourse therefor (upon dissolution or otherwise) against any of the Company’s agents agents or representatives (in each case, case unless there has been fraud, gross negligence or intentional misconduct).misconduct).
Appears in 1 contract
Samples: Limited Liability Company Agreement (CQENS Technologies Inc.)
Liability for Return of Capital Contributions. Each Member, by its execution of this Agreement, agrees that liability for the return of its Capital Contribution is limited to the Company’s 's assets and, in the event of an insufficiency of such assets to return the amount of its Capital Contribution, hereby waives any and all claims whatsoever, including any claim for additional contributions that it might otherwise have, against any of the Company’s 's agents or representatives (in each case, case unless there has been fraud, gross negligence or intentional willful misconduct) by reason thereof. Each Member shall look solely to the Company and its assets for all distributions with respect to the Company and his, her his or its Capital Contribution thereto, and shall have no recourse therefor (upon dissolution or otherwise) against any of the Company’s 's agents or representatives (in each case, case unless there has been fraud, gross negligence fraud or intentional willful misconduct).
Appears in 1 contract
Samples: Limited Liability Company Agreement (Delta Funding Residual Exchange Co LLC)
Liability for Return of Capital Contributions. Each Member, by its execution of this Agreement, agrees that liability for the return of its Capital Contribution is limited to the Company’s 's assets and, in the event of an insufficiency of such assets to return the amount of its Capital Contribution, hereby waives any and all claims whatsoever, including any claim for additional contributions that it might otherwise have, against any of the Company’s 's agents or representatives (in each case, case unless there has been fraud, gross negligence or intentional misconduct) by reason thereof. Each Member shall look solely to the Company and its assets for all distributions with respect to the Company and his, her or its Capital Contribution thereto, and shall have no recourse therefor (upon dissolution or otherwise) against any of the Company’s 's agents or representatives (in each case, case unless there has been fraud, gross negligence or intentional misconduct).
Appears in 1 contract
Samples: Interest Contribution Agreement (First Capital Real Estate Trust Inc)
Liability for Return of Capital Contributions. Each Member, by its execution of this Agreement, agrees that liability for the return of its Capital Contribution is limited to the Company’s 's assets and, in the event of an insufficiency of such assets to return the amount of its Capital Contribution, hereby waives any and all claims whatsoever, including any claim for additional contributions that it might otherwise have, against any of the Company’s 's agents or representatives (in each case, case unless there has been fraud, gross negligence or intentional willful misconduct) by reason thereof. Each Member shall look solely to the Company and its assets for all distributions with respect to the Company and his, her his or its Capital Contribution thereto, and shall have no recourse therefor (upon dissolution or otherwise) against any of the Company’s 's agents or representatives (in each case, case unless there has been fraud, gross negligence or intentional willful misconduct).
Appears in 1 contract
Samples: Limited Liability Company Agreement (Delta Funding Residual Management Inc)