Discretionary Capital Call definition

Discretionary Capital Call shall have the meaning given in Section 4.3.
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Discretionary Capital Call shall have the meaning set forth in Section 6.2.
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Discretionary Capital Call means any Capital Call pursuant to Section 6.2(a)(ii) to fund capital improvements to the Property to the extent such capital improvements are not any of the following: (i) installations or replacements of FF&E; (ii) capital improvements required to comply with Legal Requirements and/or with the terms of the Property Management Agreement; (iii) capital improvements required in response to an Emergency; and (iv) capital improvements made pursuant to any renovation plan approved by Hyatt or by the Property Manager. Any Capital Call proposal which is to fund any of the items in clauses (i) through (iv) and/or to fund any Required Expenditure shall not be considered a Discretionary Capital Call.
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Examples of Discretionary Capital Call in a sentence

  • If a Member fails to fund its Pro Rata share of the amount Approved by the Management Committee as its share of the funding then the remaining Members may fund all or a portion of the unfunded amount and such funding shall be considered an additional subordinated loan to the Company, made on the terms approved by the Management Committee at the time of the Discretionary Capital Call.

  • Whether or not all Common Stockholders contribute their Pro Rata portion of the Discretionary Capital Call or less than all Common Stockholders elect to make a contribution (a "Discretionary Capital Contribution"), then the contributions made shall be considered a loan to the Company, bearing interest at an annual rate of 2.0 % over the Prime Rate.

  • If the chief executive officer of the Company (or if none, the most senior operating officer in place) or a majority of the Board determines that the Company is in need of funds in excess of the Aggregate Maximum Contribution Amount and has not obtained the necessary approval for a Special Mandatory Capital Call, then either the chief executive officer or the Board may make a capital call (a "Discretionary Capital Call") on not less than sixty (60) days written notice to each Stockholder.

  • If pursuant to Section 3.3 --------------------------- hereof, the Management Committee Approves the raising of funds pursuant to a capital call it shall at the same time Approve the terms of any Member subordinated loan contemplated pursuant to this Section 3.3.1. The president shall then make a discretionary capital call (a "Discretionary Capital Call") in the amount Approved by the Management Committee on not less than sixty (60) days written notice to each Member.

  • Any funding of a Discretionary Capital Call shall be in cash unless otherwise Approved by the Management Committee and the Member or Members making the funding.

  • Each Member shall have the right to decline to meet such call or to meet such call in an amount up to its Pro Rata amount of the Discretionary Capital Call.

  • A Discretionary Capital Call shall be allocated among the Members on a Pro Rata basis.

  • Whether or not all Stockholders contribute their Pro Rata portion of the Discretionary Capital Call or less than all Stockholders elect to make a contribution (a "Discretionary Capital Contribution"), then the contributions made shall be considered a loan to the Company, bearing interest at an annual rate of 2.0 % over the Prime Rate.

Related to Discretionary Capital Call

  • Capital Call means a call upon all or any of the Investors for payment of all or any portion of their Unfunded Commitments.

  • Discretionary Contribution means the contribution made by the Employer on behalf of a Participant as described in Section 4.4(b).

  • Additional Capital Contribution has the meaning set forth in Section 3.02.

  • Discretionary Account means a Personal Account in which you have completely turned over decision-making authority to a professional money manager (who is not a Family Member or not otherwise covered by this Code) and you have no direct or indirect influence or control over the account. (Such Discretionary Accounts are often referred to as “professionally managed,” “controlled” or “managed” accounts.)

  • Additional Capital Contributions shall have the meaning set forth in Section 5.3.

  • Discretionary Sale The meaning specified in Section 2.14(c).

  • Principal Funding Account Balance means, with respect to any date of determination during the Controlled Accumulation Period, the principal amount, if any, on deposit in the Principal Funding Account on such date of determination.

  • Target Capital Account means the Capital Account of a Member as of the end of each fiscal year, increased by any amount that such Member is obligated to restore under this Agreement, is treated as obligated to restore under Treasury Regulations Section 1.704-1(b)(2)(ii)(c), or is deemed obligated to restore under the penultimate sentences of Treasury Regulations Section 1.704-2(g)(1) and (i)(5).

  • Investment Capital Expenditures means capital expenditures other than Maintenance Capital Expenditures and Expansion Capital Expenditures.

  • Clawback Eligible Incentive Compensation means all Incentive-based Compensation Received by an Executive Officer (i) on or after the effective date of the applicable Nasdaq rules, (ii) after beginning service as an Executive Officer, (iii) who served as an Executive Officer at any time during the applicable performance period relating to any Incentive-based Compensation (whether or not such Executive Officer is serving at the time the Erroneously Awarded Compensation is required to be repaid to the Company), (iv) while the Company has a class of securities listed on a national securities exchange or a national securities association, and (v) during the applicable Clawback Period (as defined below).

  • Initial Capital Contribution has the meaning set forth in Section 4.1.

  • Deferred member means a person who elected to receive deferred vested retirement

  • Discretionary Assets means (i) securities that, if distributed, would be required to be registered under the Securities Act of 1933, as amended; (ii) securities issued by entities in countries that (A) restrict or prohibit the holding of securities by non-nationals other than through qualified investment vehicles, or (B) permit transfers of ownership of securities to be effected only by transactions conducted on a local stock exchange; and (iii) any assets that, although they may be liquid and marketable, must be traded through the marketplace or with the counterparty to the transaction in order to effect a change in beneficial ownership."

  • Capital Account Limitation has the meaning set forth in Section 4.05(b) hereof.

  • Economic Capital Account Balance has the meaning provided in Section 5.1(e) hereof.

  • Reserve Account Withdrawal Amount means, with respect to any Distribution Date, the lesser of (x) any shortfall in the amount of Available Funds available to pay the amounts specified in clauses (i) through (xvii) of Section 5.7(a) (taking into account application of Available Funds to the priority of payments specified in Section 5.7(a) and ignoring any provision hereof which otherwise limits the amounts described in such clauses to the amount of funds available) and (y) the amount on deposit in the Reserve Account on such Distribution Date prior to application of amounts on deposit therein pursuant to Section 5.8.

  • Capital Subaccount is defined in Section 8.02(a) of the Indenture.

  • Initial Capital Contributions has the meaning set forth in Section 3.01.

  • Adjusted Capital Account Balance means, with respect to each Partner, the balance in such Partner’s Capital Account adjusted (i) by taking into account the adjustments, allocations and distributions described in Treasury Regulations Sections 1.704-1(b)(2)(ii)(d)(4), (5) and (6); and (ii) by adding to such balance such Partner’s share of Partnership Minimum Gain and Partner Nonrecourse Debt Minimum Gain, determined pursuant to Treasury Regulations Sections 1.704-2(g) and 1.704-2(i)(5), any amounts such Partner is obligated to restore pursuant to any provision of this Agreement or by applicable Law. The foregoing definition of Adjusted Capital Account Balance is intended to comply with the provisions of Treasury Regulations Section 1.704-1(b)(2)(ii)(d) and shall be interpreted consistently therewith.

  • Administrative Committee means the committee in charge of Plan administration, as described in Article VII.

  • Principal Funding Account Investment Proceeds shall have the meaning specified in subsection 4.03(a)(ii).

  • Reinvestment Deferred Amount means, with respect to any Reinvestment Event, the aggregate Net Cash Proceeds received by the Borrower or any of its Subsidiaries in connection therewith that are not applied to prepay the Loans pursuant to Section 2.09(b) as a result of the delivery of a Reinvestment Notice.

  • Investment Account As defined in Section 3.12(a).

  • Specified Reserve Account Balance means, for any Payment Date, an amount equal to 1.00% of the Pool Balance as of the Cut-Off Date; provided, however, on any Payment Date after the Notes are no longer Outstanding following payment in full of the principal and interest on the Notes, the “Specified Reserve Account Balance” shall be $0.

  • Participant Direction Procedures means such instructions, guidelines or policies, the terms of which are incorporated herein, as shall be established pursuant to Section 4.10 and observed by the Administrator and applied and provided to Participants who have Participant Directed Accounts.