Required Capital. Each Partner shall be obligated to make Contributions to the Partnership up to its Contribution Cap, as follows:
Required Capital. The definition of “Required Capital” in Section 1 is amended by replacing the figure “210%” with the figure “300%”.
Required Capital. Upon receipt of a written notice from the Partnership that total subscription proceeds (not including the amount then in the Pennsylvania/Nebraska Escrow Account) equaling or exceeding the Pennsylvania/Nebraska Required Capital have been received in collected funds, the Escrow Agent shall promptly notify the Partnership and provide to the Director of Banking and Finance of the State of Nebraska an affidavit which states that all of the conditions of this Agreement relating to the Pennsylvania/Nebraska Escrow Account have been met (the "Escrow Agent Affidavit"). Upon receipt of such notice, the Partnership shall provide the Director of Banking and Finance of the State of Nebraska an affidavit which states that there have been no material omissions or changes in the financial condition of the Partnership or other changes of circumstance, that would render the Pennsylvania/Nebraska Required Capital inadequate to finance the Partnership's proposed plan of operations or business, or render the representations in the Partnership's registration statement, as amended through such time, fraudulent, false or misleading (the "Partnership Affidavit"). Five days after the Escrow Agent Affidavit and the Partnership Affidavit have been provided to the Director of Banking and Finance of the State of Nebraska, the Escrow Agent shall (A) disburse to the Partnership, by check, ACH or wire transfer, the funds then in the Pennsylvania/Nebraska Escrow Account representing the gross purchase price for the Units, and (B) disburse to the Pennsylvania Subscribers, the Nebraska Subscribers or the Partnership, as applicable, any interest thereon pursuant to the provisions of subparagraph 3(f). Following such disbursements, the Escrow Agent shall close the Pennsylvania/Nebraska Escrow Account, and thereafter any Subscription Materials and instruments of payment received by the Escrow Agent from Pennsylvania Subscribers and Nebraska Subscribers shall be deposited directly to the Escrow Account (or to the Partnership, if it has closed the Escrow Account, as instructed in writing by the Partnership).
Required Capital. Such Lender’s notice to the Borrower and the Agent shall set forth its calculation of the foregoing ratios and the increased facility fee to which it is entitled under this Section.
Required Capital. The Company's ratio of "Total Adjusted Capital" to "Company Action Level RBC," as those terms are defined in the insurance laws of the State of Missouri as of June 30, 2003, calculated on a pro forma basis based upon the Reference Date Pro Forma Balance Sheet, is at least 175% as of June 30, 2003. Section 3.22 of the Disclosure Schedule sets forth the Company's calculation of such ratio.
Required Capital. Required Capital, as needed, shall be contributed by AIOP in the form of a loan to the Venture in accordance with Section 5.06. Notwithstanding the foregoing, to the extent Required Capital is needed to pay for the expenses described in Section 7.01(b), such funds shall be contributed by the Venturers in accordance with their Capital Interests in the form of additional capital contributions, not as loans.
Required Capital. The Operator shall make the Operator Investment required under the Operating Agreement for the Operator.
Required Capital. Borrower shall not permit the minimum regulatory capital of Legent Clearing to fall to less than Twenty Million and No/100ths Dollars ($20,000,000.00), as determined by the monthly FOCUS Report, after advance of any Loan Proceeds. Further, Borrower shall assure that Legent Clearing shall maintain capital of at least Twenty-Five Million and No/100ths Dollars ($25,000,000.00), as determined in accordance with Generally Accepted Accounting Principles, during this term of the Loan.
Required Capital. The Manager may request that additional capital be contributed to the Company if, at any time or from time to time, the Manager reasonably determines that additional funds are required (i) for the reasonable working capital needs of the Company or (ii) for costs associated with the construction of improvements which may be requested by the tenant under any lease of the Property or any portion thereof, including the Avis Lease (the “Improvement Costs”), provided that (A) the Improvement Costs are amortized at a reasonable rate over the term of any such lease and (B) the tenant under any such lease will be required to reimburse the Company for its Improvement Costs as additional rent (it being understood that with respect to improvements requested under the Avis Lease it is the intention that the Manager first use commercially reasonable efforts to obtain non-recourse mortgage financing to fund such Improvement Costs). The Manager shall notify each Member in writing (the “Capital Notice”) of the total amount requested to be contributed (the “Required Capital”). Such Required Capital shall be made as a Capital Contribution by each Member pursuant to the provisions of this Section 3.8. The Capital Notice shall specify the Required Capital, the due date for such Required Capital (which shall be at least thirty (30) calendar days after the giving of the Capital Notice), and the portion of the Required Capital required of each Member, which shall be in proportion to the then-current Percentage Interest of each Member (the “Required Amount”).
Required Capital. In order to develop and grow its business, LICENSEE shall invest or make available for investment pursuant to lines of credit available to LICENSEE at least US$CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION in capital ("Required Capital"). For these purposes, "Capital" is defined as loans or other funding to LICENSEE, cash invested or personal loans obtained by LICENSEE's shareholders for the sole purpose of financing the operation of LICENSEE's business. A minimum of US$CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION in cash, consisting of cash capital and/or the proceeds of shareholder loans, must be invested in LICENSEE in installments as follows: $CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION as of March 31, 1996; an additional $CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION as of June 30, 1996; and an additional $CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION as of April 30, 1997. Such amounts cannot be withdrawn or repaid, as the case may be, until December 31, 1998. If reasonably required in order for LICENSEE to meet the Minimum Net Sales and Royalty Minimums hereunder, GUESS may require that the additional $CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION be invested in LICENSEE. LICENSEE shall make such investment within thirty (30) days of notice from GUESS. If the investment is not made within such period, GUESS may immediately terminate this Agreement without any right to cure. LICENSEE shall present GUESS with such documentation and statements that GUESS may require in order to evidence, to GUESS's satisfaction, the existence of the Required Capital and the requisite minimum cash investment (and any required additions thereto), by the dates described above.
