Examples of Adjusted Capital Balance in a sentence

The liability, if any, of the Company and its members, managers, officers, employees, agents, representatives, and employees (including Manager) to any Member under this Agreement for any claims, costs, damages, losses, and expenses of any nature for which they are or may be legally liable, whether arising in negligence or other tort, contract, or otherwise, shall not exceed, in the aggregate the amount of such Member’s Adjusted Capital Balance.

More Definitions of Adjusted Capital Balance

Adjusted Capital Balance means, as of any day, an Interest Holder’s total Capital Contributions less all amounts actually distributed to the Interest Holder pursuant to Sections

Adjusted Capital Balance of a Partner or an Investor means the Capital Contribution of the Partner or the Assignor Limited Partner made on behalf of an Investor, less any Net Proceeds of Sale or Refinancing actually distributed to the Partner or Investor (other than that portion, if any, which is payment of an unpaid Preferred Return), as provided in Article IV herein, at the time of reference thereto. "Administrative General Partner" means Xxxxx Healthcare, Inc., a Maryland corporation, or any Person who is designated as the Administrative General Partner in the Schedule at the time in question. "Affiliate" means (i) any Person directly or indirectly controlling, controlled by or under common control with another Person, (ii) any Person owning or controlling 10% or more of the outstanding voting securities of such other Person, (iii) any officer, director or partner of such Person, and (iv) if A-3

Adjusted Capital Balance of a Partner or a Unitholder means the Capital Contribution of the Partner or the Assignor Limited Partner made on behalf of a Unitholder, less any Net Proceeds of Sale or Refinancing actually distributed to the Partner or Unitholder (other than that portion, if any, which is payment of an unpaid Cumulative Return), as provided in Article IV herein, at the time of reference thereto. "Administrative General Partner" means Brown-Benchmark XXX, Inc., a Maryland corporation, or any Person who is designated as an Administrative General Partner in the Schedule at the time in question. "Affiliate" or "Affiliated Person" means, when used with reference to a specified Person (i) any Person who, directly or indirectly, through one or more intermediaries, controls, or is controlled by, or is under common control with, the specified Person, (ii) any Person who is an officer, partner, or trustee of, or serves in a similar capacity with respect to, the specified Person, or any Person of which the specified Person is an officer, partner or trustee, or with respect to which the specified Person serves in a similar capacity, (iii) any Person who, directly or indirectly, is the beneficial owner of 5% or more of any class of equity securities of, or otherwise has a substantial beneficial interest in, the

Adjusted Capital Balance. As of any day, a Member’s Total Investment less all amounts actually distributed to the Member pursuant to Sections 9.02(c)(iv)(B) 9.02(c)(iv)(C (to the extent allocable to a return of capital and not to a return on capital), and 14.03 hereof. If any Membership Interest is transferred in accordance with the terms of this Agreement, the transferee shall succeed to the Adjusted Capital Balance of the transferor to the extent the Adjusted Capital Balance relates to the Membership Interest transferred.

Adjusted Capital Balance means, as of any day, an Economic Interest Holder's total Capital Contributions less all amounts actually distributed to the Economic Interest Holder pursuant to Sections 4.2.3.4.1 and 4.4 hereof. If any Economic Interest is transferred in accordance with the terms of this Agreement, the transferee shall succeed to the Adjusted Capital Balance of the transferor to the extent the Adjusted Capital Balance relates to the Economic interest transferred.

Adjusted Capital Balance means, as of any day, an account maintained for each Member equal to (i) the Initial Capital Contribution to the Company made by such Member, plus (ii) the aggregate Additional Capital Contributions to the Company made by such Member, less (iii) the aggregate distributions to such Member pursuant to Sections 9.01, 9.02 and 14.03. If any Membership Interest is transferred in accordance with the terms of this Agreement, the transferee shall succeed to the Adjusted Capital Balance of the transferor to the extent the Adjusted Capital Balance relates to the Membership Interest transferred.