Common use of No Return of Contributions; Loans Clause in Contracts

No Return of Contributions; Loans. Anything in this Agreement to the contrary notwithstanding, no Member shall be personally liable for the return of the capital contribution of any other Member, or any portion thereof, it being expressly understood that any such return shall be made solely from Company assets. A Member shall not have the right to demand or receive property other than cash in return for his contribution, unless he so requests and the Managing Member approves such request. If the Managing Member or any Member shall advance any monies to the Company in excess of his contribution to the capital of the Company, the amount of any such advance shall not be deemed to be an additional capital contribution unless specifically so characterized, but instead shall be treated as a loan and shall bear interest at the minimum rate required to avoid the imputation of interest under Code Section 7872 (whether or not such Section applies to the loan) and shall be an obligation of the Company to such Member payable in accordance with the other terms of such advance prior to payment of any cash distribution pursuant to Article VI and, in the case of liquidation, in accordance with the provisions of Section 9.2.

Appears in 1 contract

Samples: Operating Agreement (Mazel Stores Inc)

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No Return of Contributions; Loans. Anything in this Agreement to the contrary notwithstanding, no the Managing Member shall not be personally liable for the return of the capital contribution of any other a Member, or any portion thereof, it being expressly understood that any such return shall be made solely from Company assets. A Member shall shall• not have the right to demand or receive property other than cash in return for his contribution, unless he so requests and the Managing Member approves such request. If the Managing Member or any Member shall advance any monies to the Company in excess of his contribution to the capital of the Company, the amount of any such advance shall not be deemed to be an additional capital contribution unless specifically so characterized, but instead shall be treated as a loan and shall bear interest at the minimum rate required to avoid the imputation of interest under Code Section 7872 (whether or not such Section applies to the loan) and shall be an obligation of the Company to such Member payable in accordance with the other terms of such advance .advance prior to payment of any cash distribution pursuant to Article VI and, in the case of liquidation, in accordance with the provisions of Section 9.2section 8.2.

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement (THM Homes Inc)

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