Common use of Member’s Capital in the Company Clause in Contracts

Member’s Capital in the Company. (a) The Member shall contribute to the Company as its Capital Contribution the amount determined by the Member in its sole discretion to be necessary or convenient for carrying on the business and activities of the Company. No interest shall be paid or accrue on any Capital Contribution, and the Member shall not have the right to withdraw or be repaid any Capital Contribution except as provided in the Agreement. Notwithstanding the foregoing, the Member shall not be required to make any Capital Contribution. (b) Anything in this Agreement to the contrary notwithstanding and except as provided in the Act, the Member shall not have any personal liability for liabilities or obligations of the Company, except that the Board of Managers may have liability to the extent of its Capital Contributions made to the Company as aforesaid, and the Member shall not be required to make any further or additional contributions to the capital of the Company or to lend or advance funds to the Company for any purpose. (c) The obligation, if any, of the Member to contribute to the capital of the Company is solely and exclusively for the benefit of the Company and the Member, and is not intended to confer rights on any third party (under Section 18-502(b) of the Act or otherwise). Without limiting the generality of the foregoing, no creditor of the Company shall be deemed a third party beneficiary of any obligation of the Member to contribute capital or make advances to the Company.

Appears in 4 contracts

Samples: Limited Liability Company Agreement (Shellpoint Mortgage Acceptance LLC), Limited Liability Company Agreement (BNP Paribas Mortgage ABS LLC), Limited Liability Company Agreement (American Home Mortgage Assets LLC)

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Member’s Capital in the Company. (a) The Member shall contribute to the Company as its Capital Contribution the amount determined by the Member in its sole discretion to be necessary or convenient for carrying on the business and activities of the Company. No interest shall be paid or accrue on any Capital Contribution, and the Member shall not have the right to withdraw or be repaid any Capital Contribution except as provided in the Agreement. Notwithstanding the foregoing, the Member shall not be required to make any Capital Contribution. (b) Anything in this Agreement to the contrary notwithstanding and except as provided in the Act, the Member shall not have any personal liability for liabilities or obligations of the Company, except that the Board of Managers Directors may have liability to the extent of its Capital Contributions made to the Company as aforesaid, and and, the Member shall not be required to make any further or additional contributions to the capital of the Company or to lend or advance funds to the Company for any purpose. (c) The obligation, if any, of the Member to contribute to the capital of the Company is solely and exclusively for the benefit of the Company and the Member, and is not intended to confer rights on any third party (under Section 18-502(b) of the Act or otherwise). Without limiting the generality of the foregoing, no creditor of the Company shall be deemed a third party beneficiary of any obligation of the Member to contribute capital or make advances to the Company.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (New Century Mortgage Securities LLC), Limited Liability Company Agreement (American Home Mortgage Securities LLC)

Member’s Capital in the Company. (a) The Member shall contribute to the Company as its Capital Contribution the amount determined by the Member in its sole discretion to be necessary or convenient for carrying on the business and activities of the Company. No interest shall be paid or accrue on any Capital Contribution, and the Member shall not have the right to withdraw or be repaid any Capital Contribution except as provided in the Agreement. Notwithstanding the foregoing, the Member shall not be required to make any Capital Contribution. (b) Anything in this Agreement to the contrary notwithstanding and except as provided in the Act, the Member shall not have any personal liability for liabilities or obligations of the Company, except that the Board of Managers Directors may have liability to the extent of its Capital Contributions made to the Company as aforesaid, and the Member shall not be required to make any further or additional contributions to the capital of the Company or to lend or advance funds to the Company for any purpose. (c) The obligation, if any, of the Member to contribute to the capital of the Company is solely and exclusively for the benefit of the Company and the Member, and is not intended to confer rights on any third party (under Section 18-502(b) of the Act or otherwise). Without limiting the generality of the foregoing, no creditor of the Company shall be deemed a third party beneficiary of any obligation of the Member to contribute capital or make advances to the Company.

Appears in 1 contract

Samples: Limited Liability Company Agreement (National City Mortgage Capital LLC)

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Member’s Capital in the Company. (a) The Member shall contribute to the Company as its Capital Contribution the amount determined by the Member in its sole discretion to be necessary or convenient for carrying on the business and activities of the Company. No interest shall be paid or accrue on any Capital Contribution, and the Member shall not have the right to withdraw or be repaid any Capital Contribution except as provided in the Agreement. Notwithstanding the foregoing, the Member shall not be required to make any Capital Contribution. (b) Anything in this Agreement to the contrary notwithstanding and except as provided in the Act, the Member shall not have any personal liability for liabilities or obligations of the Company, except that the Board of Managers may have liability to the extent of its Capital Contributions made to the Company as aforesaid, and and, the Member shall not be required to make any further or additional contributions to the capital of the Company or to lend or advance funds to the Company for any purpose. (c) The obligation, if any, of the Member to contribute to the capital of the Company is solely and exclusively for the benefit of the Company and the Member, and is not intended to confer rights on any third party (under Section 18-502(b) of the Act or otherwise). Without limiting the generality of the foregoing, no creditor of the Company shall be deemed a third party beneficiary of any obligation of the Member to contribute capital or make advances to the Company.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Cendant Mortgage Capital LLC)

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