Procedures for Additional Capital Contributions Sample Clauses

Procedures for Additional Capital Contributions. Any existing Member wishing to make an additional Capital Contribution must notify the Manager of such Member’s proposed Capital Contribution at least ten business days (or such shorter period as may be acceptable to the Manager) before a Closing Date. The Manager may reasonably require additional representations and warranties, together with supporting reasonable documentation, as a condition to accepting any such proposed additional Capital Contribution and may refuse to accept all or any portion of any such proposed Capital Contribution. If the Manager accepts any proposed Capital Contribution, the contributing Member shall make available to the Company the cash to be contributed prior to the next Closing Date. Any such Capital Contribution will be deemed for all purposes of this Agreement to have been made on the applicable Closing Date. The amounts and effective dates of all additional Capital Contributions shall be recorded on supplements to this Agreement maintained by the Manager. The Manager may terminate the offering of Membership Interests at any time. The aggregate of all Capital Contributions shall be available to the Company to carry on its business, and no interest shall be paid by the Company to subscribers on any funds after their contribution to the Company. Unless otherwise determined by the Manager, all Membership Interests are subscribed for upon receipt of a wire of the subscriber and are issued subject to the collection of the funds represented by the wire. If the Manager determines to accept a check or draft, if a check or draft of a subscriber for Membership Interests representing payment for a Membership Interest is returned unpaid, the Company shall cancel that subscriber’s Membership Interest as represented by the returned check or draft, and the Manager shall file an amendment to the Certificate reflecting the cancellation in any jurisdiction where the filing may be necessary. Any liabilities incurred or profits earned by the Company in connection with the Company’s investing or trading allocable to any canceled Membership Interest shall be allocated among the remaining Members. Each subscriber agrees to reimburse the Company for any liabilities incurred in connection with any cancellation of Membership Interests issued to him, her or it.
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Procedures for Additional Capital Contributions. Whenever the Company requests the Members to make additional Capital Contributions pursuant to Section 2.2 hereof, the Company shall notify the Members in writing, not later than 1:00 p.m. (Amsterdam time) on the third (3rd) Business Day prior to the date of the proposed additional Capital Contribution. Each notice shall be irrevocable and shall in each case refer to this Agreement and specify all of the following: (i) the amount of the requested additional Capital Contribution (which shall be in a minimum amount equal to the lesser of (x) $50,000 and (y) the unutilized amount of the various Commitments)), (ii) the dollar amount of such Capital Contribution allocated to each Member, and (iii) the related Acquisition Date. Each Additional Contribution Amount to be made under this Section 2.4 shall be made on or before the related Acquisition Date by wire transfer in Dollars of immediately available funds to the Borrower by not later than 1:00 p.m. (Amsterdam time).
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Procedures for Additional Capital Contributions. (a) The Company shall promptly notify each of the Class A Members in writing of each Investment Opportunity hereunder (“Class A Contribution Notice”). Each notice shall be irrevocable and shall in each case refer to this Agreement and specify all of the following: (i) the number and Agreed Values of the proposed Purchase Opportunity Containers; (ii) the Total Contribution Amount for such Investment Opportunity, (iii) the amount and details concerning the computation of the Additional Contribution Amount for each Class A Member in accordance with the provisions of Section 2.2(b)(ii)(y) hereof, and (iv) the Contribution Date for such Investment Opportunity. The payment of the required Additional Contribution Amount for the Investment Opportunity shall be made to the Company by each Class A Member no later than three (3) Business Days prior to the date that the Manager shall have specified that funds shall be required to fund the Investment Opportunity by wire transfer in Dollars of immediately available funds by not later than 12:00 noon New York City time of such last Business Day (the “Contribution Date”). (b) The Company also shall promptly notify the Class B Member in writing of each Class B Investment Opportunity hereunder (“Class B Contribution Notice”). The notice in each case shall refer to this Agreement and specify all of the following: (i) the number of the proposed Containers to be funded by Class B additional Capital Contribution, (ii) the Total Contribution Amount for such Class B Investment Opportunity, and (iii) the Acquisition Date for such Containers. The Class B Member may elect to participate in such Class B Investment Opportunity in whole or in part. To the extent the Class B Member elects to participate, the Class B Member shall pay its elected additional Capital Contribution amount to the Company by wire transfer in Dollars of immediately available funds, on or prior to the Acquisition Date for such Containers or on such later date as may be agreed by the Company and such Class B Member.
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Related to Procedures for Additional Capital Contributions

  • Additional Capital Contributions No Member shall be required to make additional capital contributions. A Member may make additional capital contributions to the Company.

  • No Additional Capital Contributions Except as otherwise provided in this Article V, no Partner shall be required to make additional Capital Contributions to the Partnership without the consent of such Partner or permitted to make additional capital contributions to the Partnership without the consent of the General Partner.

  • Capital Contributions Capital Accounts The capital contribution of the Sole Member is set forth on Annex A attached hereto. Except as required by applicable law, the Sole Member shall not at any time be required to make additional contributions of capital to the Company. The capital accounts of the members shall be adjusted for distributions and allocations made in accordance with Section 8.

  • Additional Capital Contributions and Issuances of Additional Partnership Interests Except as provided in this Section 4.2 or in Section 4.3, the Partners shall have no right or obligation to make any additional Capital Contributions or loans to the Partnership. The General Partner may contribute additional capital to the Partnership, from time to time, and receive additional Partnership Interests in respect thereof, in the manner contemplated in this Section 4.2.

  • Members Capital Contributions a) Single-Member Capital Contributions (Applies ONLY if Single-Member): The Member may make such capital contributions (each a “Capital Contribution”) in such amounts and at such times as the Member shall determine. The Member shall not be obligated to make any Capital Contributions. The Member may take distributions of the capital from time to time in accordance with the limitations imposed by the Statutes. b) Multi-Member (Applies ONLY if Multi-Member): The Members have contributed the following capital amounts to the Company as set forth below and are not obligated to make any additional capital contributions:

  • Initial Capital Contributions The Partners have made, on or prior to the date hereof, Capital Contributions and have acquired the number of Class A Units as specified in the books and records of the Partnership.

  • Member Capital Contributions (Check One)

  • Additional Contributions The Member is not required to make any additional capital contribution to the Company. However, the Member may at any time make additional capital contributions to the Company in cash or other property.

  • Capital Contributions and Capital Accounts (a) The capital contributions of each party shall be all amounts paid by it pursuant to the Agreement. With respect to each oil and gas property and the related assets subject to the Agreement, each party shall be treated as having contributed to the tax partnership an amount of cash equal to such party's share of any Lease acquisition or other property costs and the tax partnership shall be treated as having purchased such property from the party to whom such amounts are paid. (b) An individual capital account shall be maintained for each party in accordance with the following: (i) The capital account of each party shall, except as otherwise provided herein, be (A) credited by the amount of cash and fair market value of any property contributed to the tax partnership (net of any liabilities assumed by the parties hereto or to which such property is subject at the time of contribution) as provided in subparagraph (a) of this paragraph 4, and (B) credited with the amount of any item of taxable income or gain and the amount of any item of income or gain exempt from tax allocated to such party. (ii) The capital account of each party shall be debited by (A) the amount of any item of tax deduction or loss allocated to such party, (B) such party's allocable share of expenditures not deductible in computing taxable income and not properly chargeable as capital expenditures, including any non-deductible book amortizations of capitalized costs, and (C) the amount of cash or the fair market value of any property (net of any liabilities assumed by such party or to which such property is subject at the time of distribution) distributed to such party (after making the adjustment provided in subparagraph (b)(iii) in this paragraph 4). (iii) Immediately prior to any distribution of property that is not pursuant to a liquidation of the tax partnership, the parties' capital accounts shall be adjusted by assuming that the distributed assets were sold for cash at their respective fair market values as of the date of distribution and crediting or debiting each party's capital account with its respective share of the hypothetical gains or losses resulting from such assumed sales determined in the same manner as gains or losses provided for under paragraphs 4(b)(iv) and 6 for actual sales of such properties. (iv) The allocation of basis prescribed by Section 613A(c)(7)(D) of the Code and provided for in paragraph 6 hereinbelow and each party's depletion deductions shall not reduce such party's capital account, but such party's capital account shall be decreased by an amount equal to the product of (A) the depletion deductions that would otherwise be allocable to the tax partnership in the absence of Section 613A(c)(7)(D) of the Code (computed without regard to any limitations which theoretically could apply to any party) and (B) such party's percentage share of the adjusted basis of the property with respect to which such depletion is claimed (herein called "Simulated Depletion"). The tax partnership's basis in any oil or gas property, as adjusted from time to time for Simulated Depletion, is herein called "Simulated Basis." No party's capital account shall be decreased, however, by Simulated Depletion deductions attributable to any depletable property to the extent such deductions exceed such party's remaining Simulated Basis in such property. Upon the sale or other disposition of an interest in a depletable property, each party's capital account shall be credited with the gain ("Simulated Gain") or debited with the loss ("Simulated Loss") determined by subtracting from its allocable share of the amount realized on such sale or disposition its Simulated Basis, as adjusted by Simulated Depletion. (v) Any adjustments of basis of property provided for under Sections 734 and 743 of the Code and comparable provisions of state law (resulting from an election under Section 754 of the Code or comparable provisions of state law) shall not affect the capital accounts of the parties, and the parties' capital accounts shall be debited or credited as if no such election had been made unless otherwise required by applicable Treasury Regulations. (vi) Capital accounts shall be adjusted, in a manner consistent with subparagraph (b) of this paragraph 4, to reflect any adjustments in items of income, gain, loss or deduction that result from amended returns filed by the tax partnership or pursuant to an agreement with the Internal Revenue Service or a final court decision. (vii) In the case of property contributed to the tax partnership by a party, the parties' capital accounts shall be debited or credited for items of depreciation, Simulated Depletion, amortization and gain or loss with respect to such property computed in the same manner as such items would be computed if the adjusted tax basis of such property were equal to its fair market value on the date of its contribution to the tax partnership, in lieu of the capital account adjustments provided above for such items, all in accordance with Section 704(c) of the Code and Treasury Regulation 1.704-1(b)(2)(iv)(g).

  • Capital Contributions and Accounts 12 4.1 Capital Contributions..........................................................................12 4.2 Additional Capital Contributions and Issuances of Additional Partnership Interests.............12 4.3

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