Unrecovered Capital definition

Unrecovered Capital means at any time, with respect to a Unit, the Initial Unit Price less the sum of all distributions constituting Capital Surplus theretofore made in respect of an Initial Common Unit and any distributions of cash (or the Net Agreed Value of any distributions in kind) in connection with the dissolution and liquidation of the Partnership theretofore made in respect of an Initial Common Unit, adjusted as the General Partner determines to be appropriate to give effect to any distribution, subdivision or combination of such Units.

Unrecovered Capital means at any time, with respect to a Unit, the Initial Unit Price less the sum of all distributions constituting Capital Surplus theretofore made in respect of an Initial Common Unit and any distributions of cash (or the Net Agreed Value of any distributions in kind) in connection with the dissolution and liquidation of the Company theretofore made in respect of an Initial Common Unit, adjusted as the Board of Directors determines to be appropriate to give effect to any distribution, subdivision or combination of such Units. "U.S. GAAP" means United States generally accepted accounting principles consistently applied.

Unrecovered Capital. An amount, determined for each Partner or other Fund Investor, which equals the aggregate amount of all Capital Contributions made by such Limited Partner or Fund Investor to the Partnership or another Operating Company less the aggregate amount of capital returned to such Limited Partner or Fund Investor by the Partnership or other Operating Company by either the redemption of Partnership Units or the distribution of Capital Cash Flow.

Examples of Unrecovered Capital in a sentence

• If any amount shall nevertheless be paid to an Guarantor by the Company or any Subsidiary or another guarantor prior to payment in full of the Redemption Price, such amount shall be held in trust for the benefit of the Class A Member and shall forthwith be paid to the Class A Member to be credited and applied to the Unrecovered Capital.

• If at any time any payment of the Class A Return, the Unrecovered Capital or any other amount payable by the Company or the Class B Member under the Operating Agreement or the other Transaction Documents is rescinded or must be otherwise restored or returned upon the insolvency, bankruptcy or reorganization of the Company or the Class B Member or otherwise, Guarantors’ obligations hereunder with respect to such payment shall be reinstated as though such payment had been due but not made at such time.

• Notwithstanding any provision of the Operating Agreement or any other Transaction Document to the contrary, the obligations of each Indemnitor pursuant to this Agreement are exceptions to any non-recourse or exculpation provision of the Operating Agreement or any other Transaction Document; and each Indemnitor expressly acknowledges and agrees that it is fully and personally liable for such obligations, and such liability is not limited to the Unrecovered Capital or the value of the Properties.

• The “Asset Management Fee Base” for any Unaffiliated Limited Partner shall be (A) prior to the termination of the Initial Investment Period, the Unrecovered Capital of such Unaffiliated Limited Partner plus such Unaffiliated Limited Partner’s Unfunded Commitment, and (B) after the termination of the Initial Investment Period, the Unrecovered Capital of such Unaffiliated Limited Partner.

• If any amount shall nevertheless be paid to an Indemnitor by the Class B Member, the Company or any Subsidiary or another guarantor prior to payment in full of the Redemption Price, such amount shall be held in trust for the benefit of Indemnitee and shall forthwith be paid to Indemnitee to be credited and applied to the Unrecovered Capital.

More Definitions of Unrecovered Capital

Unrecovered Capital means, at any time, with respect to a Unit, the Unrecovered Initial Unit Price.

Unrecovered Capital means, as of any date, with respect to the Class A Member an amount (but not less than zero) equal to the excess of (a) the aggregate amount of the Class A Member’s Capital Contributions theretofore made pursuant to Article 6 over (b) the sum of the aggregate amount theretofore distributed to the Class A Member as a return of capital pursuant to Article 8. Amounts distributed or paid to the Class A Member as a Class A Return, an Increased Return or indemnification for Damages will not be considered a “return of capital”. As of the date hereof, the Class A Member’s Unrecovered Capital is equal to the amount set forth in Schedule 6.1 opposite its name.

Unrecovered Capital means at any time, with respect to a Unit, the Initial Unit Price less the sum of all distributions constituting Capital Surplus theretofore made in respect of an Initial Common Unit and any distributions of cash (or the Net Agreed Value of any distributions in kind) in connection with the dissolution and liquidation of the Partnership theretofore made in respect of an Initial Common Unit, adjusted as the General Partner determines to be appropriate to give effect to any distribution, subdivision or combination of such Units provided, (i) with respect to Common Units and Class A Units, upon the Split Date such value shall be reduced by two-thirds to give effect to the 2011 Unit Split and (ii) with respect to Common Units, upon the 2014 Unit Split Date such value shall be further reduced by half to give effect to the 2014 Unit Split.

Unrecovered Capital means, as to a particular Member at a particular time, the amount, if any, by which (i) the aggregate Capital Contributions of such Member pursuant to Sections 4.01 and 4.03(a)(iii) hereof up to such time, exceeds (ii) all amounts theretofore distributed as a return of Capital Contributions in respect of such Member's Membership Interest in the Company pursuant to Sections 8.05(b)(i) and 11.04(b)(iv) hereof.

Unrecovered Capital means the total Capital Contributions made by a Member (other than Special Contributions), reduced by the total amount distributed to such Member pursuant to Section 7.1(c).

Unrecovered Capital means, at any time, with respect to an LP Unit (whether such LP Unit was issued in the Initial Offering or thereafter), the Initial Unit Price, less the sum of all distributions theretofore made in respect of a Unit issued in the Initial Offering constituting, and which for purposes of determining the priority of such distribution is treated as constituting, Cash from Interim Capital Transactions and of any distributions of cash (or the Net Agreed Value of any distributions in kind) in connection with the dissolution and liquidation of the Partnership theretofore made in respect of a Unit issued in the Initial Offering.

Unrecovered Capital means, at any time, with respect to a Common Unit or an I-Unit, the Unrecovered Initial Unit Price.