Subsequent Capital Contribution. The IMC Partner and the FRP Partner each may, after the Closing Date, contribute to the Partnership their respective organizational costs, as defined in Section 709 of the Code, incurred in forming the Partnership.
Subsequent Capital Contribution. 4.6.1. The Board of the JVCo shall, in accordance with the Business Plan, raise a capital call notice as per the format provided in SCHEDULE V (“Capital Call Notice”) on Loop and Ester for amounts required to be contributed by Exxxx, from the Ester Subsequent Committed Amount, and Loop, from the Loop Subsequent Committed Amount. The Capital Call Notice shall set out the proposed number of Securities (“Subsequent Investment Securities”) to be issued and allotted by the JVCo to Ester and Loop, against receipt of the requested amount. All Capital Call Notices shall be issued at least 30 (thirty) Business Days (unless otherwise agreed between the Parties) prior to the date on which such capital contributions are expected or required to be utilized by the JVCo, which date shall be stated in the Capital Call Notice.
4.6.2. Unless otherwise agreed between the Parties, simultaneously with the Capital Call Notice, the JVCo shall issue private placement offer letters or rights issue offer letters, as the case may be in accordance with Applicable Law (each such offer letter shall be referred to as “Offer Letter”) for raising the relevant Exxxx Subsequent Committed Amount and the Loop Subsequent Committed Amount.
4.6.3. Each of Ester and Loop shall promptly upon receipt of the Capital Call Notice and Offer Letter and in any event no later than 7 (seven) Business Days from the receipt thereof, issue a notice of acceptance of the Capital Call Notice and of its intention to pay the respective Committed Amount for subscription to the Subsequent Investment Securities (“Capital Call Acceptance Notice”). Within 15 (fifteen) Business Days from the issuance of the Capital Call Acceptance Notice, the relevant Shareholder shall remit by wire transfer to the designated bank account of the JVCo (details of which shall be set out in the Capital Call Notice) an amount equal to the relevant Ester Subsequent Committed Amount and the Loop Subsequent Committed Amount mentioned in the Capital Call Notice. The date on which the relevant Ester Subsequent Committed Amount and the Loop Subsequent Committed Amount is received against the relevant Capital Call Notice and Offer Letter shall be the “Subsequent Closing Date”.
Subsequent Capital Contribution. The additional Capital Contribution described in Section 5.2.
Subsequent Capital Contribution. 5.2.1 Except as set forth below in Section 5.2.2, no Member shall be required or entitled to make any subsequent capital contribution unless the Members Consent to such additional capital contribution. Further, no Member shall be required to contribute to the Company or otherwise restore any portion of any deficit balance it may have in its Capital Account.
5.2.2 At any time when the Manager shall determine, in his sole discretion, that additional capital is needed for any purpose of the Company, the Manager may, at his discretion, cause such funds to be obtained through (i) loans to the Company from any institutional or other third party lender, on such terms as the Manager shall deem necessary or appropriate, (ii) loans from the Manager or anyone or more of his affiliates, which loans shall bear interest at a rate equal to the greater of 10% per annum or the Applicable Federal Rate at the time such loan is made, and shall be on such other terms as the Manager shall determine in his sole discretion, and/or (iii) additional capital contributions ("Additional Capital Contributions") from the Members, which Additional Capital Contributions shall be made by the Members in proportion to their respective Membership Interests.
