Common use of Majority Consent; Annual Business Plan Clause in Contracts

Majority Consent; Annual Business Plan. The Board, upon Majority Consent, may require the Members to make a Capital Contribution to the Company or loan funds (pursuant to the terms of the Intercompany Promissory Note) to the Company on a pro rata basis in accordance with the Percentage Interest of each Member or, as applicable, on some other basis as determined by the Board by Majority Consent. Furthermore, any amount that is required to be provided to the Company as a Capital Contribution Commitment or Loan Commitment pursuant to an Annual Business Plan or a Rolling Business Plan shall be funded by the Members on a pro rata basis in accordance with the Percentage Interest of each Member at the time such funding is required by such Annual Business Plan or such Rolling Business Plan, except to the extent the Board determines by Majority Consent such amount shall be funded in a different proportion (it being understood that such amount shall be funded as a Capital Contribution unless the Board determines by Majority Consent that such amount shall be funded as a loan).

Appears in 4 contracts

Samples: Joint Venture Operating Agreement (Navistar International Corp), Truck Business Relationship Agreement (Navistar International Corp), Joint Venture Operating Agreement (Caterpillar Inc)

AutoNDA by SimpleDocs
Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!