Return of Capital Contribution definition

Return of Capital Contribution f C \l "2" . Except as provided in this Agreement, no Partner shall be entitled to demand or receive the return of its Capital Contribution.
Sample 1

Examples of Return of Capital Contribution in a sentence

  • Deferral of the Return of Capital Contribution (“RoCC”): Except as provided upon an Asset Sale, the RoCC will be deferred until the earlier of a) commercial production being achieved at the Mount Hope Project, b) EMLLC being placed into bankruptcy, or c) GMI (or its successor in a restructuring of GMI) being placed into bankruptcy (excluding pursuant to the Plan).

  • Section 7.1 Return of Capital Contribution: Anything in this Agreement to the contrary notwithstanding, the General Partner shall not be personally liable for the return of the Capital Contributions of the Limited Partners, or any portion thereof, it being expressly understood that any such return shall be made solely from Partnership assets.

  • LIABILITY OF THE GENERAL PARTNER 15.1. Return of Capital Contribution.

  • Although there is no third-party debt at EMLLC and its Mt. Hope Project, POSCO has a claim for a Return of Capital Contribution payment, currently $33.6 million, that initially is due on December 31, 2020, if not earlier extended.

  • Section 704(c) of the Internal Revenue Code .....................................................10 5.9 No Right to Interest or Return of Capital Contribution....

  • Partners, Capital Contributions and Partnership Interests 5.02 Return of Capital Contribution 5.03.

  • In general, RCF required POSCO to waive the change of control put provisions in the EMLLC agreement (which change of control put provision could trigger a liability of approximately $274 million) and the deferral or waiver of the Return of Capital Contribution provision (approximately $33.6 million) and other changes in the long term lease by MHMI to EMLLC.

  • In general, RCF required POSCO-Minerals to waive the change of controlCoC put/sale provisions in the EMLLC agreement (which change of control put provision could trigger a liability of approximately $274 million as discussed above) and the deferral or waiver of the Return of Capital Contribution RoCC provision (approximately $33.6 million as discussed above) and other changes in the long term lease by MHMI to EMLLC.

  • As more fully discussed in the term sheets (collectively attached hereto along with the Restructuring Support Agreement as Exhibit B) and final definitive documents, upon confirmation of the Plan, the Debtor will contribute KVR to EMLLC in exchange for POSCO’s agreement to defer payment of the Return of Capital Contribution and any change of control claim resulting from the Plan’s confirmation.

  • Initial Capital Contributions and Capital Accounts of the Members 38 5.2. Additional Capital Contributions 46 5.3. Failure to Fund Capital Contributions 46 5.4. Dilution for Failure to Fund Capital Calls 47 5.5. Capital of the Company 48 5.6. Liability of Members 48 5.7. Return of Capital Contribution 49 5.8. Calculation of Members' Percentage Interest and Members' Series A Preferred Percentage Interest 49 5.9. Issuance of Additional Membership Units 49 5.10.

Related to Return of Capital Contribution

  • Return of Capital means the return of capital which occurs when a fund pays an amount to the shareholders or unitholders that is part of the capital of the fund rather than being a dividend or distribution paid out of amounts earned by the fund. This enables a fund to pay a set amount of distributions each year that may consist of, in part, dividends, and, in part, a return of share capital. The main benefit of return of capital distributions is that they are not immediately taxable when received. This makes it different from other types of distributions such as dividends.

  • Portion of Capital means, with respect to any Purchaser and its related Capital, the portion of such Capital being funded or maintained by such Purchaser by reference to a particular interest rate basis.

  • Capital Contributions means, with respect to any Member, the amount of money (US Dollars) and the initial Gross Asset Value of any assets or property (other than money) contributed by the Member (or such Member’s predecessor in interest) to the Company (net of liabilities secured by such contributed property that the Company is considered to assume or take subject to under Code Section 752) with respect to the Units in the Company held or purchased by such Member, including additional Capital Contributions.

  • Capital Contribution means any cash, cash equivalents or the Net Agreed Value of Contributed Property that a Partner contributes to the Partnership.

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

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

  • Unreturned Capital Contributions means all Capital Contributions made by a Class A Member less any returned capital.

  • Initial Capital Contributions has the meaning set forth in Section 5.1.

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

  • Capital Distribution means, with respect to any Person, a payment made, liability incurred or other consideration given for the purchase, acquisition, repurchase, redemption or retirement of any Equity Interest of such Person or as a dividend, return of capital or other distribution in respect of any of such Person’s Equity Interests.

  • Description of Capital Stock and "Shares Eligible for Future Sale" in the Prospectus, insofar as such statements constitute a summary of documents referred to therein or matters of law, fairly summarize in all material respects the information called for with respect to such documents and matters.

  • Cost of Capital means the Company’s weighted cost of equity plus its weighted cost of debt, expressed as a percentage, as determined by the Committee in a manner consistent with the Manual.

  • Cash Contribution refers to a direct payment of Contribution in Canadian currency.

  • Cash contributions means the re- cipient’s cash outlay, including the outlay of money contributed to the re- cipient by third parties.

  • Distributions means amounts payable in respect of the Trust Securities as provided in Section 4.1.

  • Capital Stock Sale Proceeds means the aggregate cash proceeds received by the Company from the issuance or sale (other than to a Subsidiary of the Company or an employee stock ownership plan or trust established by the Company or any such Subsidiary for the benefit of their employees) by the Company of its Capital Stock (other than Disqualified Stock) after the Issue Date, net of attorneys’ fees, accountants’ fees, underwriters’ or placement agents’ fees, discounts or commissions and brokerage, consultant and other fees actually incurred in connection with such issuance or sale and net of taxes paid or payable as a result thereof.

  • Liquidation Profits As to any Distribution Date and any Mortgage Loan that became a Liquidated Loan during the Applicable Unscheduled Principal Receipt Period with respect to Full Unscheduled Principal Receipts for such Distribution Date, the excess, if any, of (i) Net Liquidation Proceeds in respect of such Liquidated Loan over (ii) the unpaid principal balance of such Liquidated Loan plus accrued interest thereon in accordance with the amortization schedule at the time applicable thereto at the applicable Net Mortgage Interest Rate from the Due Date to which interest was last paid with respect thereto through the last day of the month preceding the month in which such Distribution Date occurs.

  • Contributed Capital means, with respect to a Common Unitholder holding Capital Commitments, the aggregate amount of capital contributions from such Common Unitholder’s Capital Commitments that have been funded by such Common Unitholder to purchase Units. For the avoidance of doubt, Contributed Capital will not take into account distributions of the Fund’s investment income (i.e., proceeds received in respect of interest payments, dividends or fees, net of expenses) to the investors. Following the Investment Period, the Adviser may issue Drawdown Notices, and Common Unitholders will be required to make Drawdown Purchases, for the purposes described in Section 4.1(b).

  • Catch-Up Contribution means an Elective Deferral made to the Plan by a Catch-Up Eligible Participant that, during any taxable year of such Participant, exceeds one of the following:

  • Book Capital Account means, for any Holder at any time, the Book Capital Account of the Holder for such day, determined in accordance with Section 8.1 hereof.

  • Catch-Up Contributions means Salary Reduction Contributions made to the Plan that are in excess of an otherwise applicable Plan limit and that are made by Participants who are Age 50 or over by the end of their taxable years. An “otherwise applicable Plan limit” is a limit in the Plan that applies to Salary Reduction Contributions without regard to Catch-up Contributions, such as the limits on Annual Additions, the dollar limitation on Salary Reduction Contributions under Code Section 402(g) (not counting Catch-up Contributions) and the limit imposed by the Actual Deferral Percentage (ADP) test under Code Section 401(k)(3). Catch-up Contributions for a Participant for a taxable year may not exceed the dollar limit on Catch-up Contributions under Code Section 414(v)(2)(B)(i) for the taxable year. The dollar limit on Catch-up Contributions under Code Section 414(v)(2)(B)(i) is $1,000 for taxable years beginning in 2002, increasing by $1,000 for each year thereafter up to $5,000 for taxable years beginning in 2006 and later years. After 2006, the $5,000 limit will be adjusted by the Secretary of the Treasury for cost-of-living increases under Code Section 414(v)(2)(C). Any such adjustments will be in multiples of $500.

  • Cash Contribution Amount means the aggregate amount of cash contributions made to the capital of the Issuer or any Guarantor described in the definition of “Contribution Indebtedness.”

  • Regular contributions means the amounts required to be

  • Invested Capital means the amount calculated by multiplying the total number of Shares purchased by Stockholders by the issue price at the time of such purchase, reduced by the portion of any Distribution that is attributable to Net Sales Proceeds and by any amounts paid by the Company to repurchase Shares pursuant to the Company’s plan for the repurchase of Shares.

  • Junior Capital collectively, any Indebtedness of any Parent or the Borrower that (a) is not secured by any asset of the Borrower or any Restricted Subsidiary, (b) is expressly subordinated to the prior payment in full of the Loans on terms consistent with those for senior subordinated high yield debt securities issued by U.S. companies sponsored by either of the Sponsors (as determined in good faith by the Borrower, which determination shall be conclusive), (c) has a final maturity date that is not earlier than, and provides for no scheduled payments of principal prior to, the date that is 91 days after the Initial Term Loan Maturity Date (other than through conversion or exchange of any such Indebtedness for Capital Stock (other than Disqualified Stock) of the Borrower, Capital Stock of any Parent or any other Junior Capital), (d) has no mandatory redemption or prepayment obligations other than (x) obligations that are subject to the prior payment in full in cash of the Loans or (y) pursuant to an escrow or similar arrangement with respect to the proceeds of such Junior Capital and (e) does not require the payment of cash interest until the date that is 91 days following the Initial Term Loan Maturity Date.

  • Investment Return means the investment return payable in respect of the Bond in accordance with Clause 5 Returns.