Loans From Members. Loans by a Member to the Company shall not constitute Capital Contributions. If any Member shall advance funds to the Company in excess of the amounts required hereunder to be contributed by it to the capital of the Company, the making of such excess advances shall not result in any increase in the amount of the Capital Account of such Member. The amount of any such excess advances shall be a debt obligation of the Company to such Member and shall be payable or collectible only out of the Company assets in accordance with the terms and conditions upon which such advances are made.
Appears in 23 contracts
Samples: Limited Liability Company Agreement (Penn Virginia Resource Partners L P), Operating Agreement (U S Timberlands Klamath Falls LLC), Limited Liability Company Agreement (Penn Virginia Resource Partners L P)
Loans From Members. Loans by a Member to the Company shall not constitute be considered Capital Contributions. If any Member shall advance funds to the Company in excess of the amounts required hereunder to be contributed by it such Member to the capital of the Company, the making of such excess advances shall not result in any increase in the amount of the Capital Account of such Member. The amount amounts of any such excess advances shall be a debt obligation of the Company to such Member and shall be payable or collectible only out of the Company assets in accordance with the terms and conditions upon which such advances are made.
Appears in 14 contracts
Samples: Operating Agreement (Jefferson Holdings Inc.), Operating Agreement (Jefferson Holdings Inc.), Operating Agreement (Jefferson Holdings Inc.)
Loans From Members. Loans by a Member Members to the Company shall not constitute be considered Capital Contributions. If any Member shall advance funds to the Company in excess of the amounts required hereunder to be contributed by it such Member to the capital of the Company, the making of such excess advances shall not result in any increase in the amount of the Capital Account of such Member. The amount of any such excess advances shall be a debt obligation of the Company to such Member and shall be payable or collectible only out of the Company assets in accordance with the terms and conditions upon which such advances are made.
Appears in 13 contracts
Samples: Company Agreement (BlueRiver Acquisition Corp.), Limited Liability Company Agreement (Rani Therapeutics Holdings, Inc.), Operating Agreement (Enfusion, Inc.)
Loans From Members. Loans by a Member to the Company shall not constitute Capital Contributionsbe considered capital contributions. If any Member shall advance funds to the Company in excess of the amounts required hereunder to be contributed by it to the capital of the Company, the making of such excess advances shall not result in any increase in the amount of the Capital Account of such Member. The amount amounts of any such excess advances shall be a debt obligation of the Company to such Member and shall be payable or collectible only out of the Company funds or assets in accordance with the terms and conditions upon which such advances are made.
Appears in 3 contracts
Samples: Operating Agreement (RealD Inc.), Operating Agreement (RealD Inc.), Operating Agreement (Ballantyne of Omaha Inc)
Loans From Members. Loans by a Member Members to the Company shall not constitute be considered Capital Contributions. If any Member shall advance funds to the Company in excess of the amounts required hereunder to be contributed by it such Member to the capital of the CompanyCompany as its Commitment, the making of such excess advances shall not result in any increase in the amount of the Capital Account of such Member. The amount of any such excess advances shall be a debt obligation of the Company to such Member and shall be payable or collectible only out of the Company assets in accordance with the terms and conditions upon which such advances are made.
Appears in 3 contracts
Samples: Limited Liability Company Agreement (Vertex Energy Inc.), Limited Liability Company Agreement (Vertex Energy Inc.), Limited Liability Company Agreement (Vertex Energy Inc.)
Loans From Members. Loans by a Member Members to the Company shall not constitute be considered Capital Contributions. If any Member shall advance funds to the Company in excess of the amounts required hereunder to be contributed by it such Member to the capital of the Company, the making of such excess advances shall not result in any increase in the amount of the Capital Account of such Member unless otherwise agreed by the Company and such Member. The amount of any such excess advances that are not agreed to be additional Capital Contributions shall be a debt obligation of the Company to such Member and shall be payable or collectible only out of the Company assets in accordance with the terms and conditions upon which such advances are made.
Appears in 2 contracts
Samples: License Agreement (Viamet Pharmaceuticals Holdings LLC), Limited Liability Company Agreement (Consolidated Communications Texas Holdings, Inc.)
Loans From Members. Loans by a Member Members to the Company shall not constitute be considered to be Capital Contributions. If any Member shall advance funds to the Company in excess of the amounts required hereunder to be contributed by it to the capital of the Companyhereunder, the making of such excess advances shall not result in any increase in the amount of the Capital Account of such Member. The amount of any such excess advances advance shall be a debt obligation of the Company to such Member and shall be payable or collectible only out of the Company assets in accordance with the terms and conditions upon which such advances are advance is made; provided, that the terms of any such loan shall not be less favorable to the Company than would be available to the Company from unrelated lenders.
Appears in 1 contract
Loans From Members. Loans by a Member Members to the Company shall not constitute be considered Capital Contributions. If any Member shall advance advances funds to the Company in excess of the amounts required hereunder to be contributed by it such Member to the capital of the Company, the making of such excess advances shall not result in any increase in the amount of the Capital Account of such Member unless otherwise agreed by the Company and such Member. The amount of any such excess advances that are not agreed to be additional Capital Contributions shall be a debt obligation of the Company to such Member and shall be payable or collectible only out of the Company assets in accordance with the terms and conditions upon which such advances are made.
Appears in 1 contract
Samples: Limited Liability Company Agreement (INVO Bioscience, Inc.)
Loans From Members. Loans by a Member to the Company shall not constitute be considered Capital Contributions. If any Member shall advance funds to the Company in excess of the amounts required hereunder to be contributed by it such Member to the capital of the Company, the making of such excess advances shall not result in any increase in the amount of the Capital Account of such Member. The amount of any such excess advances shall be a debt obligation of the Company to such Member and shall be payable or collectible only out of the Company assets in accordance with the terms and conditions upon which such advances are made.such
Appears in 1 contract
Samples: Limited Liability Company Agreement (United Auto Group Inc)
Loans From Members. Loans by a Member from Members to the Company shall not constitute Capital Contributionsbe considered capital contributions. If any Member shall advance funds to the Company in excess of the amounts required hereunder to be contributed by it to the capital of the Company, the making of such excess advances shall not result in any increase in the amount of the Capital Account of such MemberMember nor entitle it to any increase in its shares of distributions from the Company. The amount of any such excess advances shall be a debt obligation of the Company to such Member and shall be payable or collectible only out of the Company assets in accordance with the terms and conditions upon which such advances are mademade and the other Members shall not be personally obligated to repay any part thereof.
Appears in 1 contract
Loans From Members. Loans by a Member to the Company shall not constitute Capital Contributions. If any Member shall advance funds to the Company in excess of the amounts required hereunder to be contributed by it to the capital of the Company, the making of such excess advances shall not result in any increase in the amount of the Capital Account of such Member. The amount of any such excess advances shall be a debt obligation of the Company to such Member and shall be payable or collectible only out of the Company assets in accordance with the terms and conditions upon which such advances are made.. EXHIBIT 3.3
Appears in 1 contract
Samples: Operating Agreement (U S Timberlands Klamath Falls LLC)
Loans From Members. Loans A loan by a Member to the Company shall not constitute be considered a Capital ContributionsContribution. If any Member shall advance funds to the Company in excess of the amounts required hereunder to be contributed by it to the capital of the Company, the making of such excess advances shall not result in any increase in the amount of the Capital Account of credit to such Member’s Capital Account. The amount of any such excess advances shall be a debt obligation of the Company to such Member and shall be payable or collectible only out of the Company assets in accordance with the terms and conditions upon which such advances are made; provided that the terms of any such loan shall not be less favorable to the Company than would be available to the Company from unrelated lenders and shall otherwise be subject to the express provisions of this Agreement.
Appears in 1 contract
Samples: Limited Liability Company Agreement
Loans From Members. Loans by a Member Members to the Company shall not constitute be considered Capital Contributions. If any Member shall advance funds to the Company in excess of the amounts required hereunder to be contributed by it such Member to the capital of the Company, the making of such excess advances shall not result in any increase in the amount of the Capital Account of such Member. The amount of any such excess advances shall be a debt obligation of the Company to such Member and shall be payable or collectible only out of the Company assets in accordance with the terms and conditions upon which such advances are made.. 3.7
Appears in 1 contract
Samples: Limited Liability Company Agreement (Dutch Bros Inc.)