Restoration of Negative Capital Accounts. No Member shall be obligated to restore any deficit balance in its Capital Account or be personally liable for the return of the Capital Contributions of any other Member, or any portion thereof or return thereon, it being expressly understood that (x) any such return shall be made solely from Company Assets and amounts set aside in the Reserve Account but subject to the distribution provisions set forth in Section 4.03 hereof, and (y) a deficit in a Member’s Capital Account shall not constitute a Company Asset.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Ashford Hospitality Trust Inc), Limited Liability Company Agreement (Ashford Hospitality Trust Inc)
Restoration of Negative Capital Accounts. No Neither the Managing Member nor any other Member shall be obligated to restore any deficit balance in its Capital Account or shall be personally liable for the return of the Capital Contributions of any other Memberthe Members, or any portion thereof or return thereonthereof, it being expressly understood that (x) any such return shall be made solely from Company Assets and amounts set aside in the Reserve Account but subject to the distribution provisions set forth in Section 4.03 hereofCompany’s assets, and (y) a deficit in a Member’s Capital Account shall not constitute a Company Assetan asset of the Company.
Appears in 1 contract
Samples: Management Agreement (American Casino & Entertainment Properties LLC)
Restoration of Negative Capital Accounts. No Member shall be obligated to restore any deficit balance in its Capital Account or be personally liable for the return of the Capital Contributions of any other Member, or any portion thereof or return thereon, it being expressly understood that (x) any such return shall be made solely from Company Assets and amounts set aside in the Reserve Account but subject to the distribution provisions set forth in Section 4.03 hereofAssets, and (y) a deficit in a Member’s Capital Account shall not constitute a Company Asset.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Ashford Hospitality Trust Inc)