LOANS BY MEMBERS OR AFFILIATES Sample Clauses

LOANS BY MEMBERS OR AFFILIATES. Subject to obtaining any approvals required under this Agreement for the Company to borrow funds, any Member or Affiliate may (but shall not be obligated to) at any time, upon obtaining the consent of the Managers, loan money or guarantee a loan to the Company to finance Company operations, to finance or refinance any assets of the Company, to pay the debts and obligations of the Company, or for any other Company purpose. If any Member or its Affiliate lends funds or guarantees a loan of funds to the Company, such Member or Affiliate shall be entitled to receive interest on such loan, or a fee for guaranteeing any such loan, at an interest rate or fee to be agreed upon by such Member or Affiliate and the Managers.
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LOANS BY MEMBERS OR AFFILIATES. Any Member or Affiliate may (but shall not be obligated to) at any time loan money or guarantee a loan to the Company to finance Company operations, to finance or refinance any assets of the Company, to pay the debts and obligations of the Company, or for any other Company purpose; provided, however, that unless a loan or guarantee is specifically permitted pursuant to this Agreement, such Member or Affiliate must first obtain the prior written approval of all of the Members for such loan or guarantee. Except as otherwise provided herein or in any other agreement between the Company and some or all of the Members which has been approved by all of the Members, if any Member or its Affiliate lends funds or guarantees a loan of funds to the Company, such Member or Affiliate shall be entitled to receive interest on such loan, or a fee for guaranteeing any such loan, at an interest rate or fee to be agreed upon by such Member or Affiliate and all of the Members.
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LOANS BY MEMBERS OR AFFILIATES. No Member shall be required to make any loans or otherwise lend any funds to the Company. With the approval of a Majority of all Members in their reasonable discretion, any Member or its Affiliate may (but shall not be obligated to) at any time, loan money or guarantee a loan to the Company to finance Company operations or maintenance, to finance or refinance any assets of the Company, to pay the debts and obligations of the Company, or for any other Company purpose; provided, however, (a) if prior to the Flip Point the Company does not have sufficient cash to finance its current operations or pay its current liabilities, any Member may loan money to the Company for such purpose upon the affirmative vote of the Required Voting Percentage or (b) if during the PTC Period any Class A Member fails to make a Capital Contribution required under the PAYG Agreement, any other Class A Member may loan money to the Company for such purpose without the approval of any other Member, and (c) if any other Class A Member does not make such a loan described in preceding clause (b) when such Capital Contribution becomes due, any Class B Member may loan money to the Company for such purpose without the approval of any other Member. If any Member or its Affiliate lends funds or guarantees a loan of funds to the Company, (x) such Member or Affiliate shall be entitled to receive interest on such loan, or a fee for guaranteeing any such loan, at an interest rate or fee to be agreed upon by such Member and a Majority of all Members; provided, however, that any loan from the Class B Member that does not require approval of the Members pursuant to this Section 4.03 shall bear interest at a rate of prime plus four percent (4%), (y) any such loan shall be for a fixed term and (z) any such loan shall be unsecured and subordinated to the Company’s obligations under the Debt Financing Documents.
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LOANS BY MEMBERS OR AFFILIATES. 22 SECTION 3.8. CAPITAL ACCOUNTS....................................22 SECTION 3.9. CAPITOL RATIOS......................................23 ARTICLE IV...............................................................23
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LOANS BY MEMBERS OR AFFILIATES. Any Member or any Affiliate of a Member may (but shall not be obligated to) at any time, upon obtaining the consent of the Board, loan money pursuant to commercially reasonable terms and conditions to the Company to finance Company operations, to finance or refinance the assets of the Company, to pay the debts and obligations of the Company, or for any other Company purpose, which loan shall be treated the same as if coming from a third party and the making of such loan shall not affect the Ownership Percentage of any Members. If any Member or an Affiliate of any Member lends funds to the Company, such Member or such Affiliate shall be entitled to receive interest on such loan, at a reasonable interest rate to be agreed upon by such Member or such Affiliate and the Board.
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LOANS BY MEMBERS OR AFFILIATES. The Members hereby ratify and approve the Credit Agreement and all loans made pursuant to this Agreement. All loans made hereunder by a Member to the Company will be subject to the terms and conditions of the Credit Agreement and this Agreement. Except pursuant to the Credit Agreement or as otherwise expressly provided for in this Agreement, the Company and its Subsidiaries may not borrow from, lend to, or provide guarantees on behalf of, any Member or its Affiliates; provided, however, that a Member holding a Supermajority of the Sharing Ratios may require the Company to become a guarantor under any indenture, credit agreement or similar arrangement of such Member or such Member’s Affiliate to the extent obligated to do so under such indenture, credit agreement or similar arrangement. Notwithstanding anything in this Agreement to the contrary, no Member will be required to make a loan to the Company to the extent such Member is not required to make a loan under the Credit Agreement due to the occurrence of an “Event of Default” (as defined in the Credit Agreement); so long as Section 4.3 of the Credit Agreement does not apply to such Member.
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LOANS BY MEMBERS OR AFFILIATES. Except as otherwise expressly provided for in this Agreement or the Dissolution Agreement, the Company and its Subsidiaries may not borrow from, lend to, or provide guarantees on behalf of, any Member or its Affiliates in connection with the Winding Up Activities.
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LOANS BY MEMBERS OR AFFILIATES. Any Member or any Affiliate of a Member may (but shall not be obligated to) at any time, upon obtaining the consent of the Board, loan money pursuant to commercially reasonable terms and conditions to the Company, which loan shall be treated the same as if coming from a third party and the making of such loan shall not affect the Ownership Percentage of any Member. If any Member or an Affiliate of any Member lends funds to the Company, such Member or such Affiliate shall be entitled to receive interest on such loan, at a reasonable interest rate to be agreed upon by such Member or such Affiliate and the Board.
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LOANS BY MEMBERS OR AFFILIATES. Any Member or Affiliate may (but shall not be obligated to) at any time lend money or guarantee a loan to the Company to finance Company operations, to finance or refinance any assets of the Company, to pay the debts and obligations of the Company, or for any other Company purpose; provided that, unless a loan or guarantee is specifically permitted pursuant to this Agreement, such Member or Affiliate must first obtain the prior written approval of the Executive Committee for such loan or guarantee. Except as otherwise approved by the Executive Committee, if any Member or its Affiliates lends funds to the Company (any such loan, a “Priority Loan”), such Member or Affiliate shall be entitled to receive interest on such Priority Loan at an interest rate of fifteen percent (15%) per annum, compounded monthly, and any such Priority Loan shall otherwise be treated in the same manner as Default Loans for purposes of Sections 5.2 and Section 5.3. In no event shall the Company pay any fee to a Member or any Affiliate of a Member for providing any loan (including a Priority Loan) or guaranty to or for the benefit of the Company or any Subsidiary.
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Related to LOANS BY MEMBERS OR AFFILIATES

  • No Loans or Advances to Affiliates There are no outstanding loans, advances (except normal advances for business expenses in the ordinary course of business) or guarantees or indebtedness by the Company to or for the benefit of any of the officers or directors of the Company or any of their respective family members, except as disclosed in the Registration Statement, the Pricing Disclosure Package and the Prospectus.

  • Loans from Affiliates If any loans are made to the Company by an Affiliate of the Advisor, the maximum amount of interest that may be charged by such Affiliate shall be the lesser of (i) 1% above the prime rate of interest charged from time to time by The Bank of New York and (ii) the rate that would be charged to the Company by unrelated lending institutions on comparable loans for the same purpose. The terms of any such loans shall be no less favorable than the terms available between non-Affiliated Persons for similar commercial loans.

  • Material Transactions or Affiliations Except as disclosed herein and in the IACH Schedules, there exists no contract, agreement or arrangement between IACH and any predecessor and any person who was at the time of such contract, agreement or arrangement an officer or director. IACH has no commitment, whether written or oral, to lend any funds to, borrow any money from, or enter into any other transaction with, any such affiliated person.

  • Affiliates The Borrower will not, and will not permit any Subsidiary to, enter into any transaction (including, without limitation, the purchase or sale of any Property or service) with, or make any payment or transfer to, any Affiliate except in the ordinary course of business and pursuant to the reasonable requirements of the Borrower's or such Subsidiary's business and upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary than the Borrower or such Subsidiary would obtain in a comparable arms-length transaction.

  • Shares Held by the Company and its Affiliates Whenever the consent or approval of Holders of a specified percentage of Registrable Securities is required hereunder, Registrable Securities held by the Company or its Affiliates (other than any Holder or transferees or successors or assigns thereof if such Holder is deemed to be an Affiliate solely by reason of its holdings of such Registrable Securities) shall not be counted in determining whether such consent or approval was given by the Holders of such required percentage.

  • Loans From Members Loans by Members to the Company shall not be considered Capital Contributions. Subject to the provisions of Section 3.01(c), the amount of any such advances shall be a debt of the Company to such Member and shall be payable or collectible in accordance with the terms and conditions upon which such advances are made.

  • Loans to Directors or Officers There are no outstanding loans, advances (except normal advances for business expenses in the ordinary course of business) or guarantees or indebtedness by the Company or its Subsidiaries to or for the benefit of any of the officers or directors of the Company, its Subsidiaries or any of their respective family members, except as disclosed in the Registration Statement, the Pricing Disclosure Package and the Prospectus.

  • Securities Held by the Company or Its Affiliates Whenever the consent or approval of Holders of a specified percentage of Securities is required hereunder, Securities held by the Company or its affiliates (as such term is defined in Rule 405 under the Securities Act) shall not be counted in determining whether such consent or approval was given by the Holders of such required percentage.

  • Affiliate or Affiliated With respect to any Person, (i) any Person directly or indirectly owning, controlling or holding, with the power to vote, ten percent (10%) or more of the outstanding voting securities of such other Person; (ii) any Person ten percent (10%) or more of whose outstanding voting securities are directly or indirectly owned, controlled or held, with the power to vote, by such other Person; (iii) any Person directly or indirectly controlling, controlled by or under common control with such other Person; (iv) any executive officer, director, trustee or general partner of such other Person; and (v) any legal entity for which such Person acts as an executive officer, director, trustee or general partner.

  • Agent and Affiliates Agent shall have the same rights and powers under the Financing Documents as any other Lender and may exercise or refrain from exercising the same as though it were not Agent, and Agent and its Affiliates may lend money to, invest in and generally engage in any kind of business with each Credit Party or Affiliate of any Credit Party as if it were not Agent hereunder.

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