Members’ Contributions. To date, the Members have made the capital contributions to the Company, in cash, services, or property, in the amounts recorded and set forth in the books and records of the Company. The Members are not obligated to make any other contributions to the Company. Except as otherwise may be provided herein, no Member shall be entitled to receive any interest on its capital contribution or Capital Account.
Members’ Contributions. The Member may make contributions to capital of the Company from time to time in such amounts as may be determined by the Member.
Members’ Contributions. Prior to an Exchange Listing, and except as otherwise set forth herein, each Member agrees to make Capital Contributions to the Fund up to but not exceeding the amount of its Remaining Capital Commitment, in any amount on an as-needed basis, as determined by the Investment Manager, as follows:
(i) during the Investment Period, for the purpose of making Portfolio Investments;
(ii) after the Investment Period, for the purpose of (x) completing Portfolio Investments in process (e.g., investments for which the Fund has submitted a binding or non-binding bid or indication of interest) as of the end of the Investment Period (the Board having been notified of such Portfolio Investments), (y) making follow-on investments as may be advisable in the sole discretion of the Investment Manager in order to enhance, preserve or protect one or more existing Portfolio Investments (subject to a maximum amount of 20% of aggregate Capital Commitments), and (z) adjusting any hedging positions as the Investment Manager may deem advisable; and
(iii) at any time, for the purpose of satisfying accrued and/or anticipated Organizational Expenses, Fund Expenses, Pre-Exchange Listing Management Fees, Pre-Exchange Listing Administration Fees and other liabilities and obligations of the Fund, including amounts owing or which may become due under any borrowings by, or other extensions of credit to, the Fund and the SPVs, to the extent not satisfied from assets of the Fund (regardless of whether such borrowings were incurred prior to or after the Investment Period). Any of the limitations set forth in this Section 5.1(a) may be amended or waived by the Investment Manager upon approval of the Independent Directors and the approval of Members, which approval will be obtained through a Non-Investment Company Act Vote pursuant to Section 3.2, notwithstanding anything in this Agreement (including Article XIII hereof) to the contrary.
Members’ Contributions. (1) Units may be sold by the Company, including to the Member Designee, in accordance with the Company’s Private Placement Offering Memorandum and Disclosure Document (the “Memorandum”) referred to in Paragraph 12, to persons desiring to become Members at the Member Designee’s discretion. For any Unit (or partial Unit rounded to four decimal places) purchased (except as noted below with respect to the Trading Advisor), a Member shall contribute to the capital of the Company an amount equal to the Net Asset Value of a Unit (or partial Unit, as the case may be) as of the close of business on the day preceding the effective date of such purchase. The Trading Advisor will contribute advisory services and will be entitled to receive a quarterly allocation in Units as described in Paragraph 9.
(2) The aggregate of all Capital Contributions made to the Company shall be available to the Company to carry on its business, and no interest shall be paid on any such contribution. All subscriptions for Units made pursuant to the Private Placement of the Units must be on the form provided in the Memorandum. All subscribers who have been accepted by the Member Designee shall be deemed admitted as Members at the time they are reflected as such in the books and records of the Company. All Capital Contributions shall be made in cash.
Members’ Contributions. A member shall not be required to contribute in each calendar year an amount which exceeds a maximum annual contribution determined as three times the maximum pension unit in respect of allowable service after January 1, 1990 applicable for the given calendar year. For the final year of contribution, the maximum contribution shall be equal to the maximum annual contribution multiplied by the number of months of allowable service recognized during the final year over 12.
Members’ Contributions. Contemporaneously with the execution of this Agreement, the Member shall make an initial contribution to the capital of the Company. Additional contributions to capital to the Company shall be made from time to time in such amounts as may be determined by the Member.
Members’ Contributions. The Managing Member shall maintain a sufficient investment in the Company and each Series for the Company and each Series to be treated as a partnership for federal income tax purposes, which amount may be $0. Each Member shall contribute cash to the relevant Series, which shall constitute the initial balance of such Member’s capital account. The Managing Member shall have discretion to accept other assets valued at fair market value. The aggregate of all contributions with respect to a Series shall be available to such Series to carry on its business and no interest shall be paid on any such contribution.
Members’ Contributions. (a) Within 30 days of the Effective Date, STRATHMORE shall: (i) contribute to the capital of the Company the Assets described in Exhibit (other than the Permits described in Section 3.1(a)(ii) below), free and clear of all Liens and other Encumbrances other than Approved Title Exceptions; and (ii) contribute to the capital of the Company all Permits issued to any Person other than the Company to the extent applicable to the Properties and Operations thereon (including arranging for any required segregation and, to the extent applicable and allowed by Governmental Authorities, transfer or reissuance of Permits to the Company solely as to the Roca Honda Property), provided that in the case of the minimum disturbance drilling permit issued to STRATHMORE by the State of New Mexico with respect to Section 16 of the Roca Honda Property, STRATHMORE shall use its best efforts to contribute and transfer such permit to the Company as soon as possible following the Effective Date. In connection with such contribution by XXXXXXXXXX, XXXXXXXXXX shall (1) execute, deliver and acknowledge deeds, assignments and other conveyance documents (each in the form and substance acceptable to SUMITOMO); (2) pay all applicable real property transfer, documentary stamp and similar taxes, any recording charges and fees, as well as any real property or other taxes, rents, utilities and assessments and other charges applicable to the Properties and Operations thereon for the period up to the date of contribution (and complete all forms and returns required in connection therewith); (3) deliver to the Company an estoppel certificate (dated not more than 10 days prior to the date of such contribution) from each lessor or counterparty under each lease, mining claim and appurtenant interest set forth in Exhibit A (which estoppel certificate shall be in form and substance acceptable to SUMITOMO); (4) deliver to the Company an affidavit pursuant to Section 1445 of the Internal Revenue Code of 1986, as amended (the “Code”); (5) deliver to the Company such affidavits, indemnities and information as a title insurance company selected by SUMITOMO shall require in order to insure the Company’s title to the Roca Honda Property in accordance with this Agreement; (6) if applicable, deliver to the Company a non-disturbance and a recognition agreement from each holder of a superior estate in the Roca Honda Property (which agreement shall be in form and substance acceptable to SUMITOMO); and (7) delive...
Members’ Contributions. Members will pay contributions as a percentage of Pensionable Pay at the difference between employee's Contracted-in and employee's Contracted-out rates on earning between the Lower Earnings Limit and the Upper Earnings Limit and at the rate of 6.5% above the Upper Earnings Limit. Members may also pay Additional Voluntary Contributions. Member's Pension Retirement at Normal Retirement Date
Members’ Contributions. Every Member of the Company undertakes to contribute to the assets of the Company if it is wound up while it is a Member, or within one year after the Member ceases to be a Member, for:
(a) the payment of the debts and liabilities of the Company, contracted before the Member ceased to be a Member;
(b) the expenses of winding up the Company; and
(c) the adjustment of the rights of the contributories among themselves.
