Required Capital Contributions. No Member shall have any obligation to make any Capital Contributions to the Company other than as expressly set forth herein. In particular, no Member shall have any obligation to restore (to the Company or to or for the benefit of any creditor of the Company) any deficit balance in its Capital Account at any time, whether on liquidation or otherwise, and such deficit balance shall not be considered a debt owed by such Member to the Company or to any other Person for any purpose whatsoever.
Required Capital Contributions. (a) Subject to the limitations contained in Section 6.04(b) and the other requirements of this Agreement, during the Commitment Period, each Member shall contribute to the capital of the Company an amount up to, but not to exceed, its aggregate Commitment. The Company will issue one (1) Unit for each $1,000 of capital contributed to the Company by such Members (or a partial Unit for capital totaling less than $1,000). No Member shall have any obligation to make any contributions to the Company after the expiration of the Commitment Period, except as otherwise provided in this Agreement. Each Member shall be required to contribute its Commitment Percentage of the aggregate amount of all contributions of capital to the Company which may be called for from time to time by the Manager prior to the Commitment Termination Date; provided that no Member shall ever be obligated to make contributions of capital to the Company in excess of its Commitment. The Manager will give each Member not less than ten (10) Business Days prior written notice of any required contributions of capital to the Company, including such Member's Commitment Percentage thereof, which notice shall contain a brief description of the intended uses of such contributions of capital. The Manager shall not call for capital contributions from the Members more frequently than once per calendar quarter. The Members agree that Capital Contributions can be used for any lawful Company purpose consistent with the provisions of this Agreement. No Capital Contributions returned to Members shall be subject to recall and re-contribution, except as otherwise provided in Section 4.01(b) or Section 5.01(c). All Capital Contributions shall be made to the Company by wire transfer in same day funds on or before the date specified in the written notice from the Manager of a required contribution of capital.
Required Capital Contributions. Each Limited Part- -------------------------------------------- ner shall make an "Initial Capital Contribution" to the Partner- ship in an amount not less than $1,000 in cash or assets (subject to the discretion of the General Partner to accept lesser amounts and to determine whether to accept any assets and, on a reason- able basis, the value of any such assets). The General Partner shall be required to make additional Capital Contributions to the Partnership from time to time to the extent necessary to maintain the balance of its Capital Account at an amount which results in the Partnership being treated as a partnership for Federal income tax purposes.
Required Capital Contributions. (a) Upon the execution of this Agreement, OASIS shall contribute to the Company all of the outstanding capital stock of ORS, pursuant to the terms of the Contribution Agreement.
Required Capital Contributions. In addition to its initial, nonrefundable capital contribution, Bullion would be required to contribute an additional 1.75 million USD to be used by the JV in the exploration of the Bom Xxxxx and Bom Jardim Properties (the “Capital Funds”). At a minimum, Bullion would be required to contribute $80,000 each month (for 22 months) until the entire Capital Funds will have been contributed, but it could contribute more - should circumstances warrant. The $75,000 already given to Dourave Canada and Dourave Brazil through that certain Promissory Note and Advance, executed on or about March 25, 2009, would be treated as an advance of the first $250,000 capital contribution and the Promissory Note and Advance would be cancelled. No contribution would be made for the month following the month in which the initial capital contribution is made (month 1 = $175,000, skip next month, then $80,000 for the next 22 months).
Required Capital Contributions. (a) The parties hereto acknowledge that, pursuant to and in accordance with the First A&R Agreement, following the First Amendment Date through and including the day prior to the Effective Date, each Member has contributed to the Company certain Capital Contributions related to the development and construction of the System.
Required Capital Contributions. (i) The Board shall issue Capital Calls to the Members requesting Members to make additional Capital Contributions (each, a “Required Capital Call”) solely to the extent that the Company does not have funds available therefor in the Operating Account. It is agreed that Required Capital Calls shall only be made with respect to the following amounts payable by the Company:
Required Capital Contributions. (a) If the Company, in its capacity as a member of Berkadia, is required to fund any capital contributions to Berkadia pursuant to Section 2.3(a) of the Berkadia Operating Agreement (relating to the funding of amounts pursuant to the terms of the Commitment), then on or before the date that such contributions are required to be made, the Members shall fund to the Company, pro rata in accordance with their Debt Percentages, an amount of Capital Contributions sufficient to satisfy the Company's obligations to Berkadia. If Outside Financing is not obtained by Berkadia in full, and WMAC elects to seek financing to fund any or all of its Required Capital Contribution under this Section 2.3(a) attributable to such shortfall, then WMAC shall not be required to fund such Required Capital Contribution unless the Original Berkshire Member agrees to provide to the lender or lenders to WMAC a primary guarantee of WMAC's payment obligations under such financing, on standard terms and conditions, limited to the amount of such Required Capital Contribution.
Required Capital Contributions. So long as any series of Debentures issued in connection with the application of the proceeds from the issuance and sale of a series of Preferred Securities of UtiliCorp Capital remain outstanding, and so long as UtiliCorp Capital does not merge, consolidate, or amalgamate with or into, or is not replaced by, or does not convey, transfer or lease to, a trust as permitted without the consent of holders of the Preferred Securities under the Limited Partnership Agreement, the Company will (i) remain the sole general partner of UtiliCorp Capital and maintain 100% ownership of the general partner interests thereof; provided that any permitted successor of the Company under the Indenture may succeed to its duties as general partner, (ii) contribute capital to the extent required to maintain its capital at an amount equal to at least 3% of the total capital contributions to UtiliCorp Capital, (iii) not voluntarily dissolve, wind-up or terminate UtiliCorp Capital, except in connection with a distribution of Debentures and in connection with certain mergers, consolidations, amalgamations permitted by the Limited Partnership Agreement, (iv) timely perform all of its duties as General Partner (including the duty to pay dividends on the Preferred Securities of UtiliCorp Capital), and (v) use its reasonable efforts to cause UtiliCorp Capital to remain a limited partnership except in connection with a distribution of Debentures and in connection with certain mergers, consolidations, amalgamations, replacements, conveyances, transfers or leases permitted by the Limited Partnership Agreement, and otherwise continue to be treated as a partnership for United States federal income tax purposes except in connection with a distribution of Debentures. ARTICLE ELEVEN
Required Capital Contributions. 5.2.1 (a) The Members hereby agree and obligate themselves to fund the Phase I Capital Budget. On the first day of each month during each Fiscal Year covered by the Phase I Capital Budget, each Member shall make a Capital Contribution equal to (x) its Sharing Ratio times (y) the total amount that is anticipated to be expended through the end of that month, provided that such amount is not more than 110% of the amount that was expected to be expended under the Phase I Capital Budget through such date, after giving credit for any prior Capital Contributions made under this Section 5.2.1(a). All amounts received by the Company during a quarter pursuant to this Section 5.2.1(a), whether received prior to, on or after the first day of that quarter, shall be credited to the respective Member’s Capital Account as of the first day of that quarter.
