Capital Return Sample Clauses

Capital Return. If any Member receives a Distribution that was wrongfully or erroneously made by the Company, the Member will have no liability under the Act or other applicable law for the amount of the Distribution after the expiration of three years from the date of the Distribution, unless an action to recover the Distribution from the Member is commenced within the period provided for in the Act and an adjudication of liability against the Member is made in such action. The amount of any Distribution returned to the Company by a Member or paid by a Member for the account of the Company or to a creditor of the Company will be added to the account or accounts from which it was subtracted when it was distributed to the Member.

Capital Return. Any Member who has received the return of all or any part of such Member’s Capital Contribution will have no liability to return such Distribution to the Company after the expiration of the applicable period of time specified by the Act or other applicable law unless Notice of an obligation to return is given to such Person within such time period; provided that if such return of capital has occurred without violation of the Act, the Articles or this Agreement, such obligation to return capital will apply only to the extent necessary to discharge the Company’s liability to its creditors who reasonably relied on such obligation in extending credit prior to such return of capital.

Capital Return. Any Member who has received a Distribution in violation of the Act or this Agreement is liable to the Company for the amount of the Distribution only to the extent and for the period required by the Act.

Capital Return. Any Partner who has received the return of all or any part of such Partner’s Capital Contribution will have no liability to return such Distribution to the Partnership after the expiration of three years from the date of such Distribution unless Notice of an obligation to return is given to such Person within such three-year period; provided that if such return of capital has occurred without violation of the Act, the Certificate or this Agreement, the three-year obligation to return capital will apply only to the extent necessary to discharge the Partnership’s liability to its creditors who reasonably relied on such obligation in extending credit prior to such return of capital.

Capital Return. Any Member who has received the return of all or any part of a Capital Contribution in violation of the Act or this Agreement is liable to the Company for a 18 period of six years from the date of such Distribution for the amount of the Capital Contribution wrongfully returned.

Capital Return. Any Member who has received the return of all or any part of such Member's capital contribution pursuant to any distribution that has been wrongfully or erroneously made to such Person in violation of the Act, the Certificate of Formation or this Agreement will be required to return such distribution to the Company if notice of an obligation to return such amount is given to such Member (or former Member) within three years of the date of such return or distribution.

Capital Return. In addition to the Current Return, the Company may pay the Purchaser a further return (the "Capital Return") at the Trigger Points as set forth in this Article 4. The Current Return and the Capital Return are together referred to in this Agreement as the "Return".