Other Matters Relating to Capital Contributions. (a) Loans by any Member to the Company shall not be considered contributions to the capital of the Company.
(b) No Member shall be entitled to withdraw, or to obtain a return of, any part of his contribution to the capital of the Company, or to receive property or assets other than cash in return thereof, and no Member shall be liable to any other Member for a return of his contributions to the capital of the Company, except as provided in this Agreement.
(c) No Member shall be entitled to priority over any other Member, either with respect to a return of his contributions to the capital of the Company, or to allocations of taxable income, gains, losses or credits, or to distributions, except as provided in this Agreement.
(d) No interest shall be paid on any Member’s Capital Contribution.
Other Matters Relating to Capital Contributions. A. Except as otherwise provided by the terms of this Agreement, no Partner shall be entitled to withdraw, or to a return of, any part of its Capital Contribution, or to receive property or assets other than cash in return thereof, and the General Partner shall not be liable to the Limited Partners for a return of their Capital Contributions.
B. No Partner shall be entitled to priority over any other Partner, either with respect to a return of his Capital Contribution, or to allocations of taxable income, gains, losses or credits, or to distributions, except as provided in this Agreement.
C. No interest shall be paid on Capital Contributions.
D. No Partner shall be obligated to make any further Capital Contribution to the Partnership.
Other Matters Relating to Capital Contributions. (a) Loans by any Partner to the Partnership shall not be considered contributions to the capital of the Partnership.
(b) No Partner shall be required to make contributions to the capital of the Partnership in excess of those contributions required under this Article II.
(c) No Partner shall be entitled to withdraw, or to a return of, any part of its contribution to the capital of the Partnership or to receive property or assets other than cash in return thereof (subject to the provisions of Section 7.05 below), and the General Partner shall not be liable to the Limited Partner for a return of its contributions to the capital of the Partnership.
(d) No Partner shall be entitled to priority over any other Partner, either with respect to a return of its contribution to the capital of the Partnership, or to allocations of taxable income, gains, losses or credits, or to distributions, except as expressly provided in this Agreement.
(e) No interest shall be paid by the Partnership to the Partners on contributions to the capital of the Partnership.
Other Matters Relating to Capital Contributions. 5.4.1 Except as may be expressly provided herein, no Member shall be entitled to withdraw or to the return of any part of the Capital Contribution of such Member or to receive property or assets other than cash from the Company for any reason whatsoever. Loans by any Member to the Company shall not be considered Capital Contributions.
5.4.2 Except as provided herein, no Member shall be entitled to priority over any other Member with respect to return of such Member’s Capital Contribution.
5.4.3 Upon liquidation of the Company or any Member’s Interest in the Company pursuant to Treasury Regulations Section 1.761-1(d), liquidating distributions shall be made in accordance with the positive Capital Account balance of the Member, as determined after taking into account all Capital Account adjustments for the Accounting Year during which such liquidation occurs (other than those made pursuant to the requirements of paragraphs (2) and (3) of Treasury Regulations Section 1.704-1 (b)(2)(ii)(b)), by the end of such Accounting Year or, if later, within ninety (90) days after the date of such liquidation.
5.4.4 If any Member has a deficit balance in his or her Capital Account following the liquidation of his or her Member Interest, as determined after taking into account all Capital Account adjustments for the Company taxable year during which such liquidation occurs (other than those made pursuant to this Section 5.4.4), such Member shall be unconditionally obligated to restore the amount of such deficit balance to the Company by the end of such taxable year (or, if later, within ninety (90) days after the date of such liquidation), which amount shall, upon liquidation of the Company, be paid to creditors of the Company or distributed to other Members in accordance with their positive Capital Account balances in accordance with Section 5.5.3 above.
Other Matters Relating to Capital Contributions a. Loans by any Partner to the Partnership shall not be considered contributions to the capital of the Partnership.
b. No Partner shall be required to make additional contributions to the Partnership.
c. No Partner shall be entitled to withdraw, or to obtain return of, any part of his/her contribution to the Partnership or to receive property or assets other than in return thereof, and no Partner shall be liable to any other Partner for return of its contribution to the capital of the Partnership except as provided in this Agreement.
d. No Partner shall be entitled to priority over any other Partner either with respect to a return of its contributions to the capital of the Partnership or to allocations of taxable income, gains, losses or credits, or to distributions, except as provided in this Agreement.
e. No interest shall be paid to any Partner on any contributions to the capital of the Partnership.
Other Matters Relating to Capital Contributions. 4.5.1 Subject to Section 7.1.2(a), any funds provided to the Company by any Member (other than the Capital Contributions contemplated by Sections 4.2 and 4.3) shall be treated as a loan made to the Company by such Member at the time of such provision and not as a Capital Contribution to the Company. Subject to Section 7.1.2(a), a Member's loans to the Company shall bear interest at such rate per annum, and shall have such other terms and conditions, as the Managing Member may determine in its sole discretion; provided, however, that any loan made to the Company by the Managing Member or IFG shall bear interest at a rate per annum equal to the Managing Member's cost of funds or IFG's cost of funds, respectively.
4.5.2 The Managing Member may cause the Company to repay any loan made to the Company pursuant to this Section 4.5 in accordance with the terms of such loan as a preference to distributions of the Company to the Members.
4.5.3 Except as otherwise provided in this Agreement, the Company shall not pay any interest on any Capital Contributions made by any Member to the Company.
4.5.4 Except as otherwise provided in this Agreement, a Member shall not be entitled to withdraw, or to a return of, any part of the Capital Contributions that it has made to the Company or to receive property or assets other than cash in return thereof, and the Managing Member shall not be liable to any Member for a return of the Capital Contributions that such Member has made to the Company.
4.5.5 Except as otherwise provided in this Agreement, a Member shall not be entitled to priority over any other Member with respect to (i) a return to such Member of the Capital Contributions that it has made to the Company, (ii) allocations of Company items of income, gain, loss, deduction, or credit, or (iii) Company distributions.
4.5.6 All Capital Contributions to the Company shall be made in cash provided, however, that the Managing Member shall satisfy approximately $1,700,000 of the subscription price for its purchase of Units in the Company by causing FMG Acquisition I, L.L.C. to contribute its 25% interests in nine partnerships (the "WIG Partnerships") that have previously acquired interests (the "Subject Partnership Interests") in nine of the Balcor Partnerships (the "Subject Partnerships"). The effects of such contribution to the Company are more fully discussed in Section 6.10 hereof.
Other Matters Relating to Capital Contributions. (a) Except as otherwise provided in this Agreement, no Member shall have the right to demand or receive a return of his Capital Contributions. Under circumstances requiring a return of any Capital Contributions, no Member shall have priority over any other Member nor the right to receive property other than cash, except as may be specifically provided herein.
(b) No Member shall receive any interest, salary, or drawing with respect to his Capital Contributions or for services rendered on behalf of the Company or otherwise in his capacity as a Member, except as otherwise provided in this Agreement.
(c) Provided that the Members act in accordance with the terms of this Agreement, the Members shall not be liable for the debts, liabilities, contracts, or any other obligations of the Company. Except as otherwise provided by mandatory provisions of applicable state law, a Member shall be liable only to make his Capital Contributions and shall not be required to lend any funds to the Company or, after his original Capital Contribution has been made, to make any additional Capital Contributions to the Company, except as provided herein.
Other Matters Relating to Capital Contributions. (a) Loans by any Partner to the Partnership shall not be considered capital contributions.
(b) Except as may be expressly provided herein, no Partner shall be entitled to withdraw or to the return of any part of the capital contribution of such Partner or to receive property or assets other than cash from the Partnership for any reason whatsoever.
(c) No Partner shall be entitled to priority over any other Partner with respect to return of its capital contribution, except to the extent expressly provided in this Agreement.
(d) No interest shall be paid by the Partnership on capital contributions (or on any Partner's Capital Account balance), except to the extent expressly provided in this Agreement.
(e) The General Partner shall not have any personal liability for the repayment of any capital contribution of any Limited Partner.
Other Matters Relating to Capital Contributions. (a) Loans by a Partner to the Partnership shall not be considered as capital contributions made to the Partnership.
(b) No Partner shall be entitled to make additional capital contributions in excess of those contributions required or permitted under this Article III.
(c) No Partner shall be entitled to withdraw, or to a return of, any part of its capital contributions made to the Partnership, or to receive property or assets other than cash in return thereof, except as provided in this Agreement.
(d) No Partner shall be entitled to priority over another Partner, either with respect to a return of its capital contributions made to the Partnership, or allocations of income, gains, losses, credits or distributions, except as provided in this Agreement.
(e) No interest shall be paid on capital contributions made to the Partnership.
Other Matters Relating to Capital Contributions. 4.7.1 No Right to Make Capital Contributions. No Member shall be entitled to make capital contributions to the Company except as expressly required or permitted under this Agreement.
