Effective Date Capital Contribution definition
Examples of Effective Date Capital Contribution in a sentence
Notwithstanding the foregoing, but subject to Section 12.02(a)(iv), no Member shall be required to make any additional Capital Contribution (other than such Member’s Effective Date Capital Contribution) to the Company pursuant to this Agreement, even if such Capital Call is requested to fund an Emergency.
As of the Effective Date, NEP Member is the sole Member of the Company, and NEP Member’s Effective Date Capital Contribution and the number of Class A Units and Class B Units held by NEP Member are set forth in Section I of Exhibit A hereto.
Such Effective Date Capital Contribution shall have an aggregate value equal to the Base Contribution Amount, as may be adjusted to reflect the amount of Estimated Working Capital used to determine the Closing Purchase Price (the aggregate value of such Capital Contribution by NEP Member, its “Effective Date Contribution Amount”).
Notwithstanding the foregoing, no Member shall be required to make any additional Capital Contribution (other than such Member’s Effective Date Capital Contribution) to the Company pursuant to this Agreement, even if such Capital Call is requested to fund an Emergency.
Amendment Effective Date Capital Contribution - as defined in Section 8.7 of the Agreement.
Notwithstanding the foregoing, but subject to Section 12.02(a)(iv), no Member shall be required to make any additional Capital Contribution (other than such Member’s Effective Date Capital Contribution and other than the NEP Member’s obligations provided in Section 4.04(b) and 853984.14-WILSR01A - MSW Section 4.04(c)) to the Company pursuant to this Agreement, even if such Capital Call is requested to fund an Emergency.
Notwithstanding the foregoing, but subject to Section 12.02(a)(iv), no Member shall be required to make any additional Capital Contribution (other than such Member’s Effective Date Capital Contribution and other than XPLR Member’s obligations provided in Section 4.04(b) and Section 4.04(c)) to the Company pursuant to this Agreement, even if such Capital Call is requested to fund an Emergency.
The Members acknowledge and agree that the foregoing contributions and Unit issuances shall be treated for U.S. federal income tax purposes, in accordance with Revenue Ruling 99-5 (Situation 2), as a contribution by Enbridge of all of the assets of the Company, ▇▇ ▇▇▇▇▇▇ GP and ▇▇ ▇▇▇▇▇▇ LP to a partnership in exchange for an interest in the partnership and as a contribution by Williston of the Williston Effective Date Capital Contribution to a partnership in exchange for Class B Units in the partnership.
Promptly following the Initial Closing, (A) the Company used a portion of the Initial Aggregate Class B Purchase Price to consummate the ▇▇▇▇▇▇ Acquisition (provided that a ▇▇▇▇▇▇ Holdback Event shall not have occurred), (B) the Company distributed to XPLR Member an amount in cash equal to the Initial Closing Distribution Amount, and (C) the Capital Account of XPLR Member shall be equal to (1) its Effective Date Capital Contribution less (2) the Initial Closing Distribution Amount, if any.
Such Effective Date Capital Contribution shall have an aggregate value equal to the Base Contribution Amount, as may be adjusted to reflect the amount of Estimated Working Capital used to determine the Closing Purchase Price (the aggregate value of such Capital Contribution by XPLR Member, its “Effective Date Contribution Amount”).