Examples of Discretionary Capital Contribution in a sentence
Each Discretionary Capital Contribution, if made, shall be funded by the applicable Fully-Funded Member on a Payment Date ten (10) Business Days following the date the applicable Capital Call shall have been given (or such later Payment Date as may be stated therein) and shall be made by wire transfer of immediately available funds to the Company on or before such applicable Payment Date.
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.
Such notice shall set forth: (A) the proposed amount of such Capital Contributions, (B) whether such Capital Contribution is a Mandatory Capital Contribution or a Discretionary Capital Contribution, and (C) the date by which such Capital Contributions must be made, which shall be no earlier than 10 Business Days after the date of such notice.
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 more than one of such other Class A Members elects to make any such Capital Contribution, then such other Class A Members shall have the right to make such Capital Contribution in proportion to their respective Class Sharing Percentage (or as such other Class A Members otherwise agree), until, if one or more of such other Class A Members so elect, such Capital Contributions in the amount of the full Unfunded Discretionary Capital Contribution are made.
If Discretionary Capital Contributions are made on any basis other than on a pro rata basis in accordance with the Class Sharing Percentages, the Class Sharing Percentages of the Class A Members will be adjusted to take into account the Class A Units issued to the Class A Member or Members that made the Discretionary Capital Contributions (but, for clarity, without any other penalty to any Class A Member that declined to make its full pro rata portion of any Discretionary Capital Contribution).
If at any time there shall exist a Positive Memorandum Account Balance with respect to a Member, and the other Member then makes a Discretionary Capital Contribution such that the second Member would also have a Positive Memorandum Account Balance, then the following clauses (1) through (3) shall apply, and the Positive Memorandum Account Balances of all Members shall be deemed netted out in accordance therewith.
If at any time there shall ---------------------------------------- exist a Positive Memorandum Account Balance with respect to a Member, and the other Member then makes a Discretionary Capital Contribution such that the second Member would also have a Positive Memorandum Account Balance, then the following clauses (1) through (3) shall apply, and the Positive Memorandum Account Balances of all Members shall be deemed netted out in accordance therewith.
Any contribution made by the Contributing Member pursuant to clause (a) above shall be hereinafter referred to as a "Discretionary Capital Contribution".