Mandatory Additional Capital Contributions. (A) No Partner may decline to make any of its Requested Contributions unless, and then only to the extent that, (I) with respect to Requested Contributions with Contribution Dates during any Fiscal Year in the Initial Two-Year Period, the amount of the Requested Contribution of such Partner, when added to the sum of (a) the cumulative amount of all Requested Contributions theretofore requested of and made by such Partner during the same Fiscal Year plus (b) the amount of any Preemptive Contribution made by such Partner during the same Fiscal Year, would exceed the sum of (x) such Partner's Capital Commitment with respect to such Fiscal Year and (y) the product of such Partner's initial Percentage Interest times any Excess Contribution Amount for such Fiscal Year if and to the extent that such Partner's Representative(s) voted for approval of the Annual Budget pursuant to which the Excess Contribution Amount is being requested or voted in favor of requesting (or delegating to the Chief Executive Officer the authority to request) such Excess Contribution Amount, and (II) with respect to Requested Contributions with Contribution Dates during any Fiscal Year after the Initial Two-Year Period, none of such Partner's Representative(s) voted for approval of the Annual Budget that provides for the Additional Contribution Amount being requested and none of such Partner's Representatives voted in favor of requesting (or delegating to the Chief Executive Officer the authority to request) such Additional Contribution Amount or such Partner was an Exclusive Limited Partner at the time of such vote. Notwithstanding the preceding sentence, a Partner will not be entitled to decline to make any Requested Contribution with a Contribution Date during the last Fiscal Year in the Initial Two- Year Period or in any Fiscal Year thereafter covered by the Initial Business Plan except to the extent such Requested Contribution, when added to the aggregate amount of Original Capital Contributions and Additional Capital Contributions made or requested to be made by such Partner (excluding any PioneerCo Contribution) prior to the Contribution Date of such Requested Contribution, exceeds such Partner's Mandatory Contribution.
(B) Subject to Section 2.3(b)(ii)(A), if a Partner was a Declining Partner with respect to an Accelerated Contribution Amount (with respect to any such Partner, its "Declined Accelerated Contribution"), then, to the extent that there is a Shortfall in connection wi...
Mandatory Additional Capital Contributions a. Except in the instance of a Development Cost Overrun Loan under Sections 8.04(c) and 8.04(d), and subject further to Stonehenge Member’s right to call capital as provided in Section 6.06.2 other than for Development Cost Overruns, in the event the Company is reasonably expected to incur, a Non-Development Cost Overrun or is unable to pay its cash obligations as and when they become due, and thus has or is expected to have an actual cash flow deficit, and such funds cannot be obtained pursuant to the procedures set forth in Sections 8.01, 8.02 and 8.03 above, the Managers shall determine and notify the Members of the amount of such required additional funds to any such deficit. In such event, each Member shall have thirty (30) days to make a Capital Contribution of its pro-rata share (i.e. based upon the Ownership Percentage) of the necessary funds (an “Additional Capital Contribution”). For these purposes, a “Non-Development Cost Overrun” shall mean any cost overruns which are (i) attributable to taxes, insurance premiums, Debt Service and/or operating deficits, and (ii) not the subject of a Stonehenge Cost Overrun Loan.
b. In the event a Member fails to make all of its Additional Capital Contribution (“Defaulting Member”) as required in subparagraph (a) above on the due date (the “Contribution Default Date”), the following shall apply:
(i) The Defaulting Member’s voting rights and rights to participate in the management of the business of the Company shall automatically be suspended.
Mandatory Additional Capital Contributions. If at any time the LLC does not ------------------------------------------ have (i) sufficient funds to fulfill its obligation to redeem Units pursuant to Section 10.3, (ii) Available Cash Flow to fulfill its obligations to pay the ------------ Preferred Return pursuant to Section 4.1 or (iii) sufficient funds, in the ----------- judgment of the Board, to conduct its operations, then, within ten days of receipt of a written request from the Board, the Class M Member shall make additional Capital Contributions to the LLC; provided, however, that the Class M Member's obligation to make additional Capital Contributions pursuant to this Section 2.4 is limited, in the aggregate, to $250,000. -----------
Mandatory Additional Capital Contributions. 11 3.3.1 Equity Contributions...............................................11 3.3.2 Funding Contributions..............................................11 3.4 Failure to Make Mandatory Additional Capital Contributions..................12 3.4.1 Notice ............................................................12 3.4.2 Remedies...........................................................12 3.4.3
Mandatory Additional Capital Contributions. Upon the request of the General Partner in accordance with Section 2,2(c) below (a “Capital Call”), each Partner shall contribute to the capital of the Partnership an amount equal to the product of such Partner’s then Percentage Interest multiplied by the aggregate amount of the Capital Call (a “Mandatory Additional Capital Contribution”).
Mandatory Additional Capital Contributions. Notwithstanding the first grammatical sentence of Section 8(b), the General Partner shall cause the Partnership to pay the amount of the transfer taxes, if any, required to be paid under applicable law in connection with the prior contribution of the 35 X. Xxxxxx Property to the Partnership, or prior admission of JBC and SOFI IV to the Partnership, and VV City-Buck shall contribute to the Partnership the amount of such taxes required if there are not sufficient Reserves held by the Partnership or available cash flow to make such payments. In addition, notwithstanding the first grammatical sentence of Section 8(b), VV City-Buck shall directly pay the amount of the transfer taxes, if any, required to be paid under applicable law in connection with the transfer of SOFI IV’s and JBC’s Partnership Interests to the General Partner and the admission of the General Partner to the Partnership, and VV City-Buck shall contribute to the Partnership the amount of such taxes required regardless of whether or not there are sufficient Reserves held by the Partnership or available cash flow to make such payments.
Mandatory Additional Capital Contributions. 11 3.3.1 Equity Contributions......................................11
Mandatory Additional Capital Contributions. 11 4.7 FAILURE TO CONTRIBUTE.....................................................12
Mandatory Additional Capital Contributions. From time to time, each Partner shall contribute, in proportion to its Partnership Interest, such additional monies (or other assets acceptable to the other Partners) as a Majority of the Partners considers to be necessary or desirable to carry out the business of the Partnership. Such contributions will be due within 30 days after receipt of notice from the Managing Partner requesting an additional mandatory contribution. Any contributions made pursuant to this section 4.6 shall be subject to the provisions of section 4.4 which shall apply MUTATIS mutandis to determine the Partnership Interest of each Partner.
Mandatory Additional Capital Contributions. No Equity Owner shall be required to make any Capital Contribution, other than that which is an Enforceable Obligation under Sections 9.1 and 9.2.
