Common use of Withdrawal of Capital Clause in Contracts

Withdrawal of Capital. A Member shall not be entitled to withdraw any part of its capital contribution or to receive any distribution from the Company, except as otherwise provided in this Agreement. A Member shall not receive out of the Company’s property any part of its capital contributions until all liabilities of the Company, except liabilities to Members on account of their capital contributions, have been satisfied or there remains property of the Company sufficient to satisfy them.

Appears in 10 contracts

Samples: Limited Liability Company Agreement (HIC San Pablo Limited, Inc.), Limited Liability Company Agreement (HIC San Pablo Limited, Inc.), Limited Liability Company Agreement (HIC San Pablo Limited, Inc.)

AutoNDA by SimpleDocs

Withdrawal of Capital. A No Member shall not be entitled to withdraw any part of its capital contribution contributions to the Company, or to receive any distribution distributions from the Company, except as otherwise provided in this Agreement. A No Member shall not be entitled to demand or receive out of any property from the Company’s property any part of its capital contributions until all liabilities of the CompanyCompany other than cash, except liabilities to Members on account of their capital contributions, have been satisfied or there remains property of the Company sufficient to satisfy themas otherwise expressly provided for herein.

Appears in 7 contracts

Samples: Operating Agreement (Pacific Export Resources, LLC), Operating Agreement (Pacific Export Resources, LLC), Operating Agreement (Pacific Export Resources, LLC)

Withdrawal of Capital. A Member The Members shall not be entitled to withdraw receive from the Company property constituting any part of its the Member’s contributions to capital contribution or to receive any distribution from the Company, except as otherwise provided in this Agreement. A Member shall not receive out of the Company’s property any part of its capital contributions until all unless and until: a. All liabilities of the Company, except liabilities to Members on account of its/their capital contributionscontributions to capital, have been satisfied paid or there remains property of in the Company sufficient to satisfy pay them; and b. The Certificate is cancelled or so amended as and if necessary to set forth the result of the withdrawal or reduction.

Appears in 3 contracts

Samples: Operating Agreement, Operating Agreement (McCarthy Michael R), Operating Agreement (McCarthy Michael R)

Withdrawal of Capital. A The Member shall not be entitled to withdraw any part of its capital contribution or to receive any distribution from the Companynot, except as otherwise provided in this Agreement. A Member shall not receive out of herein, have the Company’s property right to withdraw from the Company all or any part of its capital contributions until all liabilities of Capital Contribution prior to the Company, except liabilities to Members on account of their capital contributions, have been satisfied or there remains property of the Company sufficient to satisfy them’s final dissolution and liquidation.

Appears in 2 contracts

Samples: Operating Agreement, Operating Agreement (Gym-Card, LLC)

Withdrawal of Capital. A Except as specifically provided in this Agreement, no Member shall not be entitled have the right to (a) withdraw from the Company all or any part of its Stated Contribution Amount or capital contribution or contributions made to receive any distribution from the Company, except as otherwise provided in this Agreement. A Member shall not or (b) demand and receive out of the Company’s property any part of its capital contributions until all liabilities of the Company, except liabilities to Members on account of their capital contributions, have been satisfied or there remains property cash of the Company sufficient in return of such Member’s Stated Contribution Amount or capital contributions made to satisfy themthe Company.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Cb Richard Ellis Realty Trust), Limited Liability Company Agreement (Cb Richard Ellis Realty Trust)

Withdrawal of Capital. A Member shall not be entitled to withdraw any part of its capital contribution such Member's Capital Account or to receive any distribution from the Company, except as otherwise provided in this Agreement. A Member shall not receive out of the Company’s property any part of its capital contributions until all liabilities of the Company, except liabilities to Members on account of their capital contributions, have been satisfied or there remains property of the Company sufficient to satisfy them.

Appears in 2 contracts

Samples: Operating Agreement (Neose Technologies Inc), Operating Agreement (Eloyalty Corp)

Withdrawal of Capital. A Member shall not be entitled to withdraw any part of its capital contribution or to receive any distribution from the Company, except as otherwise provided in this Agreement. A Member shall will not receive out of the Company’s property any part of its capital contributions the Member’s Capital Contribution until all liabilities of the Company, except liabilities owed to Members on account of their capital contributionsCapital Contributions, have been satisfied paid or there remains property of the Company sufficient to satisfy pay them. A Member, irrespective of the nature of the Member’s Capital Contribution, has only the right to demand and receive cash in return for his Capital Contribution. The provisions of this Section 6.04 will have no effect on the Tax Distribution (defined below).

Appears in 2 contracts

Samples: Operating Agreement (Performance Drilling Co LLC), Operating Agreement (Performance Drilling Co LLC)

Withdrawal of Capital. A Member shall not be entitled to withdraw any part of its capital contribution such Member's Capital Account or to receive any distribution from the Company, except as otherwise provided in this Agreement. A Member shall not receive out The Managers shall, however, have the authority, in the Managers' discretion, to return to the Members all or part of the Company’s property any part of its capital contributions until all liabilities Capital Contributions of the CompanyMembers, except liabilities provided that such payments are made to the Members on account of their capital contributions, have been satisfied or there remains property of the Company sufficient to satisfy themin proportions permitted under Article VI below.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Allegheny Energy Inc)

Withdrawal of Capital. A No Member shall not be entitled have the right to withdraw any part of its capital contribution contributions from the Company, or to receive any distribution distributions from the Company, except as otherwise specifically provided in this Agreement. A No Member shall not be entitled to demand or receive out of any property from the Company’s property any part Company in respect of its capital contributions until all liabilities of the Company, Interest other than cash except liabilities to Members on account of their capital contributions, have been satisfied or there remains property of the Company sufficient to satisfy themas otherwise expressly provided in this Agreement.

Appears in 1 contract

Samples: Operating Agreement (Antelope Coal LLC)

Withdrawal of Capital. A Member shall not be entitled to withdraw any part of its capital contribution the Member’s Capital Contribution or to receive any distribution distributions, whether of money or property, from the Company, Company except as otherwise provided in this Agreement. A Member shall not receive out of the Company’s property any part of its capital contributions until all liabilities of the Company, except liabilities to Members on account of their capital contributions, have been satisfied or there remains property of the Company sufficient to satisfy them.

Appears in 1 contract

Samples: Operating Agreement (Raybor Management Inc)

AutoNDA by SimpleDocs

Withdrawal of Capital. A No Member shall not be entitled have the right to withdraw ---------------------- from the Company all or any part of its capital contribution or to receive any distribution funds or property from the Company, except as otherwise provided herein. No Member shall have any right to demand and receive property, other than cash of the Company in return of its capital contribution, except as may be specifically provided in this Agreement. A Member No interest shall not receive out of the Company’s property be paid on any part of its capital contributions until all liabilities of the Company, except liabilities to Members on account of their capital contributions, have been satisfied or there remains property of the Company sufficient to satisfy themcontribution.

Appears in 1 contract

Samples: Operating Agreement (Reckson Services Industries Inc)

Withdrawal of Capital. A No Member shall not be entitled have the right to withdraw any part of its his or her capital contribution or to demand and receive property of the Company or any distribution from the Companyin return for his or her capital contribution, except as otherwise may be specifically provided in this AgreementAgreement or required by law. A No Member shall not receive out of the Company’s Company property any part of its their capital contributions contribution until (i) all liabilities of the Company, Company (except liabilities to Members on account of their capital contributions, contributions to capital) have been satisfied paid or there remains sufficient property of the Company sufficient remains to satisfy pay them, and (ii) the consent of all Members is received, unless the return of the contribution to capital may be rightfully demanded as provided by law.

Appears in 1 contract

Samples: Operating Agreement (Hawker Beechcraft Quality Support Co)

Withdrawal of Capital. A Member shall not be entitled to withdraw any part of its capital contribution such Member’s Capital Account or to receive any distribution from the Company, except as otherwise provided in this Agreement. A Member shall not receive out of the Company’s property any part of its capital contributions until all liabilities of the Company, except liabilities to Members on account of their capital contributions, have been satisfied or there remains property of the Company sufficient to satisfy them.

Appears in 1 contract

Samples: Operating Agreement (Intelligent Highway Solutions, Inc.)

Withdrawal of Capital. A Member shall not be entitled to withdraw --------------------- any part of its capital contribution such Member's Capital Account or to receive any distribution from the Company, except as otherwise provided in this Agreement. A Member shall not receive out The Board shall, however, have the authority, in its reasonable discretion, to return to the Members all or part of the Company’s property any part of its capital contributions until all liabilities Capital Contributions of the CompanyMembers, except liabilities provided that such payments are made to the Members on account of their capital contributionsin accordance with Section 4.2(b)(2) or Sections 7.2(c) and 7.2(d), have been satisfied or there remains property of the Company sufficient to satisfy themas applicable.

Appears in 1 contract

Samples: Operating Agreement (Reckson Associates Realty Corp)

Withdrawal of Capital. A Member shall not be entitled to withdraw any part of its capital contribution such Member's Capital Account or to receive any distribution from the Company, except as otherwise provided in this Agreement. A Member shall not receive out The Board of Directors shall, however, have the authority, in their discretion, to return to the Members all or part of the Company’s property any part of its capital contributions until all liabilities Capital Contributions of the CompanyMembers, except liabilities provided that such payments are made to the Members on account of their capital contributions, have been satisfied or there remains property of the Company sufficient to satisfy themin proportions permitted under Article 9 below.

Appears in 1 contract

Samples: Operating Agreement (Kma Global Soulutions International Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!