Shortfall Cover. The Fund will have the right to cover shortfalls arising from a Defaulting Investor in any manner the Fund deems appropriate, including by drawing down additional capital from non-Defaulting Shareholders; provided that (i) the amount of any shortfall funded by a non-Defaulting Shareholder in connection with any investment may not exceed 125% of such non-Defaulting Shareholder’s total capital contributions in respect of such investment in the absence of any such shortfall; and (ii) in no event will such non-Defaulting Shareholder’s total capital contributions exceed its aggregate Capital Commitment.
Appears in 3 contracts
Samples: Subscription Agreement (KKR FS Income Trust), Subscription Agreement (KKR FS Income Trust Select), Subscription Agreement (KKR FS Income Trust)
Shortfall Cover. The Fund will have the right to cover shortfalls arising from a Defaulting Investor Member in any manner the Fund deems appropriate, including by drawing down additional capital from non-Defaulting ShareholdersMembers; provided that (i) the amount of any shortfall funded by a non-Defaulting Shareholder Member in connection with any investment may not exceed 125150% of such non-Defaulting ShareholderMember’s total capital contributions in respect of such investment in the absence of any such shortfall; and (ii) in no event will such non-Defaulting ShareholderMember’s total capital contributions exceed its aggregate Capital Commitment.
Appears in 3 contracts
Samples: Limited Liability Company Agreement (Fidelity Private Credit Co LLC), Limited Liability Company Agreement (Fidelity Private Credit Central Fund LLC), Limited Liability Company Agreement (OHA Senior Private Lending Fund (U) LLC)
Shortfall Cover. The Fund will have the right to cover shortfalls arising from a Defaulting Investor in any manner the Fund deems appropriate, including by drawing down additional capital from non-Defaulting Shareholders; provided that (i) the amount of any shortfall funded by a non-Defaulting Shareholder in connection with any investment may not exceed 125150% of such non-Defaulting Shareholder’s total capital contributions in respect of such investment in the absence of any such shortfall; and (ii) in no event will such non-Defaulting Shareholder’s total capital contributions exceed its aggregate Capital Commitment.
Appears in 1 contract
