Shortfall Cover. The Fund will have the right to cover shortfalls arising from a Defaulting Member in any manner the Fund deems appropriate, including by drawing down additional capital from non-Defaulting Members; provided that (i) the amount of any shortfall funded by a non-Defaulting Member in connection with any investment may not exceed 150% of such non-Defaulting Member’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 Member’s total capital contributions exceed its aggregate Capital Commitment.
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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 Member Investor in any manner the Fund deems appropriate, including by drawing down additional capital from non-Defaulting MembersShareholders; provided that (i) the amount of any shortfall funded by a non-Defaulting Member Shareholder in connection with any investment may not exceed 150125% of such non-Defaulting MemberShareholder’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 MemberShareholder’s total capital contributions exceed its aggregate Capital Commitment.
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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 Member Investor in any manner the Fund deems appropriate, including by drawing down additional capital from non-Defaulting MembersShareholders; provided that (i) the amount of any shortfall funded by a non-Defaulting Member Shareholder in connection with any investment may not exceed 150% of such non-Defaulting MemberShareholder’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 MemberShareholder’s total capital contributions exceed its aggregate Capital Commitment.
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