Subsequent Capital Call in the Event of Excuse Sample Clauses

Subsequent Capital Call in the Event of Excuse. If the opinion referred to in Section 3.2(a) is delivered (or waived by the General Partner) (or if a limited partner of a Parallel Vehicle delivers, pursuant to the comparable provisions of the partnership agreement of such Parallel Vehicle, any such opinion or confirmation), the General Partner may then deliver a new notice to each other Limited Partner (and to each limited partner of any of the Parallel Vehicles) which is able to participate in such Investment indicating the additional payment with respect to its Capital Contribution to be made in respect of such Investment, and each such Limited Partner shall make such additional payment within ten (10) Business Days after having been given such new notice. Additional amounts called for pursuant to this Section 3.2(b) shall be made by each such other Limited Partner based on their Pro Rata Share of the initial drawdown; provided, that no Partner shall be obligated to contribute an amount in excess of such Limited Partner’s Unfunded Commitment.
Sample 1
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Subsequent Capital Call in the Event of Excuse. If the opinion referred to in Section 3.2 (or the equivalent provision of any Parallel Vehicle) is delivered (or waived by the General Partner) with respect to any Limited Partner (or any Combined Limited Partner, as‌ applicable), and the General Partner consents to the Limited Partner being so excused, the General Partner may in its discretion, (i) in addition to and notwithstanding any other provisions to the contrary in this Agreement, make a Capital Contribution (either itself or through its Affiliates) to the Partnership, or such Parallel Vehicle, equal to all or any portion of the excused obligation and/or (ii) with respect to any excused obligation not funded by the General Partner or its Affiliates, deliver a new notice to each Partner that is able to participate in such Investment indicating the additional payment with respect to its Capital Contribution to be made in respect of such Investment, and each such Partner will make such additional payment within 10 calendar days after having been given such new notice. Any additional amounts called for pursuant to this Section 3.2(b) will be made by each such Partner in an amount which bears the same ratio to the aggregate of the additional amounts payable by all such Partners as such Partner’s Unpaid Capital Commitment bears to the Unpaid Capital Commitments of all such Partners; provided that no Partner will be obligated to contribute an amount in excess of such Partner’s Unpaid Capital Commitment.
Sample 1

Related to Subsequent Capital Call in the Event of Excuse

  • Termination in the Event of Financial Difficulties If the HSP makes an assignment, proposal, compromise, or arrangement for the benefit of creditors, or is petitioned into bankruptcy, or files for the appointment of a receiver the Funder will consult with the Director before determining whether this Agreement will be terminated. If the Funder terminates this Agreement because a person has exercised a security interest as contemplated by section 107 of the Act, the Funder would expect to enter into a service accountability agreement with the person exercising the security interest or the receiver or other agent acting on behalf of that person where the person has obtained the Director's approval under section 110 of the Act and has met all other relevant requirements of Applicable Law.

  • In the Event of Forecasted Surpluses If the HSP is forecasting a surplus, the LHIN may adjust the amount of Funding to be paid under Schedule B, require the repayment of excess Funding and/or adjust the amount of any future funding installments accordingly.

  • Payment in the Event Losses Fail to Reach Expected Level On the date that is 45 days following the last day (such day, the “True-Up Measurement Date”) of the Final Shared Loss Month, or upon the final disposition of all Shared Loss Assets under this Single Family Shared-Loss Agreement at any time after the termination of the Commercial Shared-Loss Agreement, the Assuming Institution shall pay to the Receiver fifty percent (50%) of the excess, if any, of (i) twenty percent (20%) of the Intrinsic Loss Estimate less (ii) the sum of (A) twenty-five percent (25%) of the asset premium (discount) plus (B) twenty-five percent (25%) of the Cumulative Shared-Loss Payments plus (C) the Cumulative Servicing Amount. The Assuming Institution shall deliver to the Receiver not later than 30 days following the True-Up Measurement Date, a schedule, signed by an officer of the Assuming Institution, setting forth in reasonable detail the calculation of the Cumulative Shared-Loss Payments and the Cumulative Servicing Amount.

  • In the Event of Termination After receipt of a notice of termination, except as otherwise directed, the AGENCY shall:

  • Actions in Event of Breach Upon Contractor’s material breach, the Department may:  terminate this contract under Section 17.1 and pursue any of its remedies under this contract, at law, or in equity; or  treat this contract as materially breached and pursue any of its remedies under this contract, at law, or in equity. Upon the Department’s material breach, Contractor may:  terminate this contract under Section 17.2 and pursue any of its remedies under this contract, at law, or in equity; or  treat this contract as materially breached and, except as the remedy is limited in this contract, pursue any of its remedies under this contract, at law, or in equity.

  • Early Termination in the Public Interest The State is entering into this Contract to serve the public interest of the State of Colorado as determined by its Governor, General Assembly, or Courts. If this Contract ceases to further the public interest of the State, the State, in its discretion, may terminate this Contract in whole or in part. This subsection shall not apply to a termination of this Contract by the State for breach by Contractor, which shall be governed by §15.A.i.

  • Dissolution Event If there is a Dissolution Event before the termination of this Safe, the Investor will automatically be entitled (subject to the liquidation priority set forth in Section 1(d) below) to receive a portion of Proceeds equal to the Cash-Out Amount, due and payable to the Investor immediately prior to the consummation of the Dissolution Event.

  • TERMINATION DUE TO CHANGE IN FUNDING ‌ 35 In the event funding from HCA, MCO, State, Federal, or other sources is withdrawn, reduced, or limited 36 in any way after the effective date of this Contract and prior to its normal completion, either party may 37 terminate this Contract subject to re-negotiations.

  • Certification of Funds; Budget and Fiscal Provisions; Termination in the Event of Non-Appropriation This Agreement is subject to the budget and fiscal provisions of the City’s Charter. Charges will accrue only after prior written authorization certified by the Controller, and the amount of City’s obligation hereunder shall not at any time exceed the amount certified for the purpose and period stated in such advance authorization. This Agreement will terminate without penalty, liability or expense of any kind to City at the end of any fiscal year if funds are not appropriated for the next succeeding fiscal year. If funds are appropriated for a portion of the fiscal year, this Agreement will terminate, without penalty, liability or expense of any kind at the end of the term for which funds are appropriated. City has no obligation to make appropriations for this Agreement in lieu of appropriations for new or other agreements. City budget decisions are subject to the discretion of the Mayor and the Board of Supervisors. Contractor’s assumption of risk of possible non-appropriation is part of the consideration for this Agreement. THIS SECTION CONTROLS AGAINST ANY AND ALL OTHER PROVISIONS OF THIS AGREEMENT.

  • Termination on Material Default 30.2.1 The Authority may terminate this Framework Agreement for material Default by issuing a Termination Notice to the Supplier where:

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