Common use of Operating Shortfall Clause in Contracts

Operating Shortfall. For any given period after Completion of the Project, if the operating expenses of the Company in the normal course of business of the Company (including debt service under any Company Financing) exceed or are expected to exceed the gross receipts of the Company plus cash reserves for such period, and the Company therefore is expected to suffer, or has suffered, a cash flow deficit. Opportunity. As defined in Section 2.8(b). Out-of-Pocket Costs. Any costs or expenses incurred by the Managing Member, Operating Member or other Member or their Affiliates acting within the scope of their respective authority under this Agreement (including travel costs and FedEx/mail charges), provided that such costs or expenses are necessary or beneficial for the Company’s business as described in Section 2.3.

Appears in 9 contracts

Samples: Limited Liability Company Agreement (CNL Growth Properties, Inc.), Limited Liability Company Agreement (CNL Growth Properties, Inc.), Limited Liability Company Agreement (CNL Growth Properties, Inc.)

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Operating Shortfall. For any given period after Completion of the Project, if the operating expenses of the Company in the normal course of business of the Company (including debt service under any Company Financing) exceed or are expected to exceed the gross receipts of the Company plus cash reserves for such period, and the Company therefore is expected to suffer, or has suffered, a cash flow deficit. Opportunity. As defined in Section 2.8(b). Out-of-Pocket Costs. Any costs or expenses incurred by the Managing Member, Operating Member or other Member or their Affiliates acting within the scope of their respective authority under this Agreement (including travel costs and FedExFedex/mail charges), provided that such costs or expenses are necessary or beneficial for the Company’s business as described in Section 2.3.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Global Growth Trust, Inc.), Limited Liability Company Agreement (Global Growth Trust, Inc.)

Operating Shortfall. For any given period after Completion of the Project, if the operating expenses of the Company in the normal course of business of the Company (including debt service under any Company Financing) exceed or are expected to exceed the gross receipts of the Company plus cash reserves for such period, and the Company therefore is expected to suffer, or has suffered, a cash flow deficit. Opportunity. As defined in Section 2.8(b). Out-of-Pocket Costs. Any costs or expenses incurred by the Managing Member, Operating Member or other Member or their Affiliates acting within the scope of their respective authority under this Agreement (including travel costs and FedExFed Ex/mail charges), provided that such costs or expenses are necessary or beneficial for the Company’s business as described in Section 2.3.

Appears in 1 contract

Samples: Liability Company Agreement (CNL Growth Properties, Inc.)

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Operating Shortfall. For any given period after Completion of the Project, if the operating expenses of the Company in the normal course of business of the Company (including debt service under any Company Financing) for such period exceed or are expected to exceed the gross receipts for such period of the Company plus available cash reserves for such periodreserves, and the Company therefore is expected to suffer, or has suffered, a cash flow deficit. Opportunity. As defined in Section 2.8(b). Out-of-Pocket Costs. Any costs or expenses incurred by the Managing Member, Operating Member or other Operating Member or their Affiliates acting within the scope of their respective authority under this Agreement (including travel costs and FedEx/mail charges), provided that such costs or expenses are necessary or beneficial for the Company’s business as described in Section 2.32.3 and are consistent with the Project Budget or the then effective Operating Budget.

Appears in 1 contract

Samples: Limited Liability Company Agreement (CNL Growth Properties, Inc.)

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