Examples of Capital Deficiency in a sentence
In the event that during any Interest Period, on or at any time prior to the fifth Business Day prior to an Optional Interest Payment Date, a Capital Deficiency Event has occurred or would occur upon payment of the interest due on the next Optional Interest Payment Date: (x) the accrual of interest, if any, in respect of the Notes shall automatically be suspended.
In addition, the amount of Broken Interest may be reduced to absorb losses in accordance with Condition 5.1; and (y) no interest on the Notes shall accrue nor be payable by the Issuer with respect to the remaining period in such Interest Period or any other Interest Period during the period starting on the date of the Capital Deficiency Event and ending on the date of the End of Capital Deficiency Event.
Broken Interest is only applicable with respect to an Interest Period whose Interest Payment Date is an Optional Interest Payment Date and means, with respect to the period from (and including) the immediately preceding Interest Payment Date (or in the case of the first Interest Payment Date, the Issue Date) to (but excluding) the date of the occurrence of a Capital Deficiency Event, the amount of interest accrued on the Notes during such period as calculated by the Calculation Agent.
The Company may sxx the Defaulting Member to collect any Capital Deficiency or Payment Deficiency, plus interest accruing thereon from the date of default until the date of collection at the Default Rate.
The Managing Member may upon written notice to all Members, give each non-defaulting Member the right to contribute (or cause the Company to contribute) his/her pro rata share of the Capital Deficiency as additional Capital Contribution to the Company.