Common use of Return of Distributions of Capital Clause in Contracts

Return of Distributions of Capital. A Member may, under certain circumstances, be required by law to return to the Company for the benefit of the Company’s creditors, amounts previously distributed. No Member shall be obligated to pay those distributions to or for the account of the Company or any creditor of the Company. However, if any court of competent jurisdiction holds that, notwithstanding the provisions of this Agreement, any Member is obligated to return or pay over any part of those distributions, it shall be the obligation of such Member. Any payment returned to the Company or made directly by a Member to a creditor of the Company shall be deemed a Capital Contribution by such Member.

Appears in 12 contracts

Samples: Operating Agreement (Ten Broeck Tampa, LLC), Operating Agreement (Ten Broeck Tampa, LLC), Operating Agreement (Ten Broeck Tampa, LLC)

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Return of Distributions of Capital. A Member may, under certain circumstances, be required by law to return to the Company Company, for the benefit of the Company’s 's creditors, amounts previously distributed. No Neither Member shall be obligated by this Agreement to pay those distributions to or for the account of the Company or any creditor of the Company. However, if any court of competent jurisdiction holds that, notwithstanding the provisions of this Agreement, any a Member is obligated to must return or pay over any part of those distributions, it the obligation shall be the obligation that of such Member alone and not of the other Member. Any payment returned to the Company by a Member or made directly by a Member to a creditor of the Company shall be deemed a Capital Contribution by such Member.

Appears in 3 contracts

Samples: Operating Agreement (Insight Communications Co Inc), Operating Agreement (Insight Communications of Central Ohio LLC), Operating Agreement (Coaxial LLC)

Return of Distributions of Capital. A Member may, under certain circumstances, be required by law to return to the Company Company, for the benefit of the Company’s 's creditors, amounts previously distributed. No Member shall be obligated by this Agreement to pay those distributions to or for the account of the Company or any creditor of the Company. However, if any court of competent jurisdiction holds that, notwithstanding the provisions of this Agreement, any a Member is obligated to must return or pay over any part of those distributions, it the obligation shall be the obligation that of such Member alone and not of any other Member. Any payment returned to the Company by a Member or made directly by a Member to a creditor of the Company shall be deemed a Capital Contribution by such Member.

Appears in 2 contracts

Samples: Operating Agreement (Insight Communications Co Inc), Operating Agreement (Insight Communications Co Inc)

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Return of Distributions of Capital. A Member may, under certain circumstances, be required by law to return to the Company Company, for the benefit of the Company’s 's creditors, amounts previously distributed. No Member shall be obligated by this Agreement to pay those distributions to or for the account of the Company or any creditor of the Company. However, if any court of competent jurisdiction holds that, notwithstanding the provisions of this Agreement, any a Member is obligated to must return or pay over any part of those distributions, it the obligation shall be the obligation that of such Member alone and not of the other Member. Any payment returned to the Company by a Member or made directly by a Member to a creditor of the Company shall be deemed a Capital Contribution by such Member.

Appears in 1 contract

Samples: Operating Agreement (Insight Communications Co Inc)

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