Common use of Required Capital Clause in Contracts

Required Capital. Each Partner shall be obligated to make Contributions to the Partnership up to its Contribution Cap, as follows: (a) Within three (3) days of Managing Partner’s request for the capital, TRT LLC shall contribute to the Partnership an amount equal to $90,000 and DCT LLC shall contribute an amount equal to $10,000. (b) TRT LLC and DCT LLC shall be obligated to make additional contributions of their pro rata shares of Required Capital to the Partnership, based on their respective DCX Contribution Percentages with respect to DCX Assets and based on their respective Non-DCX Contribution Percentages with respect to Non-DCX Assets and based on their respective Percentage Interests with respect to Partnership capital needs not otherwise solely related to either DCX Assets or Non-DCX Assets, as needed to acquire Future Assets and otherwise consistent with the Approved Annual Budget and the Approved Annual Business Plan and all costs of operating each Property and the Partnership consistent with the Approved Annual Budget and the Approved Annual Business Plan, up to an aggregate amount equal to their respective Contribution Caps. If Capital Contributions are required pursuant to the terms of this Section 3.2.2, Managing Partner shall have the right to issue a funding notice substantially in the form attached hereto as Exhibit D (the “Funding Notice”) setting forth the amount of the required Capital Contribution being requested. Within five (5) days after receipt of a duly issued Funding Notice or such longer period as the Funding Notice may permit, TRT LLC and DCT LLC shall each advance to the Partnership as a Capital Contribution the amount requested in the Funding Notice, until each Partner has made aggregate Capital Contributions under Section 3.2.2(a) and this Section 3.2.2(b) equal to its respective Contribution Cap. (c) If at any time the Partners have contributed all capital required under Section 3.2.2(a) and Section 3.2.2(b) above and the Partners unanimously approve the contribution of additional capital to the Partnership, the Partners shall make such Capital Contributions in proportion to their DCX Contribution Percentages or Non-DCX Contribution Percentages, as may be applicable, or as the Partners may otherwise mutually agree, and at such times as the Partners may agree. Such additional unanimously approved additional Capital Contributions shall be deemed required Capital Contributions for purposes of this Agreement.

Appears in 2 contracts

Samples: Partnership Agreement, Partnership Agreement (Dividend Capital Total Realty Trust Inc.)

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Required Capital. Each Partner shall be obligated to make Contributions to the Partnership up to its Contribution Cap, as follows:follows (the "Required Capital"): (a) Within three (3) days of Managing Partner’s request for the capital, TRT LLC shall contribute to the Partnership an amount equal to $90,000 and DCT LLC shall contribute an amount equal to $10,000Reserved. (b) TRT LLC and DCT LLC shall be obligated to make additional contributions of their pro rata shares of Required Capital to the Partnership, based on their respective DCX Contribution Percentages with respect to DCX Assets and based on their respective Non-DCX Contribution Percentages with respect to Non-DCX Assets and based on their respective Percentage Interests with respect to Partnership capital needs not otherwise solely related to either DCX Assets or Non-DCX Assets, as needed to acquire Future Assets and otherwise consistent with the Approved Annual Budget and the Approved Annual Business Plan and all costs of operating each Property and the Partnership consistent with the Approved Annual Budget and the Approved Annual Business Plan, up to an aggregate amount equal to their respective Contribution Caps. If Capital Contributions are required pursuant to the terms of this Section 3.2.2, Managing Partner shall have the right to issue a funding notice substantially in the form attached hereto as Exhibit D (the "Funding Notice") setting forth the amount of the required Capital Contribution being requested. Within five (5) days after receipt of a duly issued Funding Notice or such longer period as the Funding Notice may permit, TRT LLC and DCT LLC shall each advance to the Partnership as a Capital Contribution the amount requested in the Funding Notice, until each Partner has made aggregate Capital Contributions under Section 3.2.2(a) and this Section 3.2.2(b) equal to its respective Contribution Cap. (c) If at any time the Partners have contributed all capital required under Section 3.2.2(a) and Section 3.2.2(b) above and the Partners unanimously approve the contribution of additional capital to the Partnership, the Partners shall make such Capital Contributions in proportion to their DCX Contribution Percentages or Non-DCX Contribution Percentages, as may be applicable, or as the Partners may otherwise mutually agree, and at such times as the Partners may agree. Such additional unanimously approved additional Capital Contributions shall be deemed required Capital Contributions for purposes of this Agreement.3.2.2

Appears in 1 contract

Samples: Partnership Agreement (Dividend Capital Total Realty Trust Inc.)

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