Withdrawal or Reduction of Capital Contributions. 8.3.1 Except as expressly provided in this Agreement, no Class A Member shall have the right to withdraw from the Company all or any part of his or its Capital Contribution prior to three (3) years after their respective Unit Issue Date in compliance with Section 4.17. 8.3.2 No Member shall receive any part of his or its Capital Contribution upon the dissolution of the Company until: (A) all liabilities of the Company, except liabilities to Members on account of their Capital Contributions, have been paid or there remains property of the Company sufficient to pay them; or (B) the Certificate of Formation or this Agreement is canceled or so amended as to permit the withdrawal or reduction of Capital Contributions by Members. 8.3.3 A Member, irrespective of the nature of his or its Capital Contribution, shall only have the right to demand and receive cash in return for his or its Capital Contribution.
Appears in 5 contracts
Samples: Operating Agreement (Real Street Build-to-Rent Fund I, LLC), Operating Agreement (Brookwood Fenton Investments LLC), Operating Agreement (Brookwood Fenton Investments LLC)
Withdrawal or Reduction of Capital Contributions. 8.3.1 Except as expressly provided in this Agreement, no Class A Member shall have the right to withdraw from the Company all or any part of his or its Capital Contribution prior to three (3) years after their respective Unit Issue Date in compliance with Section 4.17the dissolution and winding up of the Company.
8.3.2 No Without limiting the generality of Subsection 8.3.1, no Member shall receive any part of his or its Capital Contribution upon the dissolution of the Company until:
(A) all liabilities of the Company, except liabilities to Members on account of their Capital Contributions, have been paid or there remains property of the Company sufficient to pay them; or
(B) the Certificate of Formation or this Agreement is canceled or so amended as to permit the withdrawal or reduction of Capital Contributions by Members.
8.3.3 A Member, irrespective of the nature of his or its Capital Contribution, shall only have the right to demand and receive cash in return for his or its Capital Contribution.
Appears in 1 contract
Samples: Operating Agreement (Benchmark Real Estate Investment Fund, LLC)