Withdrawal or Reduction of Members’ Contributions to Capital. (a) A Member shall not receive out of the Company’s property any part of such Member’s Capital Contribution until all liabilities of the Company have been paid or there remains property of the Company (exclusive of Operating Reserves) sufficient to pay them.
Appears in 7 contracts
Samples: Operating Agreement, Operating Agreement, Operating Agreement
Withdrawal or Reduction of Members’ Contributions to Capital. (a) A Member shall not receive out of the Company’s property any part of such Member’s its Capital Contribution until all liabilities of the Company Company, except liabilities to Members on account of their Capital Contributions, have been paid or there remains property of the Company (exclusive of Operating Reserves) sufficient to pay them.
Appears in 4 contracts
Samples: Operating Agreement (Nuverra Environmental Solutions, Inc.), Operating Agreement (Badlands Power Fuels, LLC), Operating Agreement (Nuverra Environmental Solutions, Inc.)
Withdrawal or Reduction of Members’ Contributions to Capital. (a) A Member shall not receive out of the Company’s property any part of such Member’s Capital Contribution Contributions until all liabilities of the Company Company, except liabilities to Members on account of their Capital Contributions, have been paid or there remains property of the Company (exclusive of Operating Reserves) sufficient to pay them.
Appears in 4 contracts
Samples: Operating Agreement (Bluerock Residential Growth REIT, Inc.), Operating Agreement (Bluerock Residential Growth REIT, Inc.), Operating Agreement (Bluerock Residential Growth REIT, Inc.)
Withdrawal or Reduction of Members’ Contributions to Capital. (a) A Except as otherwise expressly provided herein, a Member shall not receive out of the Company’s property Property any part of such Member’s Capital Contribution contributions to capital until all liabilities of the Company Company, excluding liabilities to Members on account of their contributions to capital, have been paid or there remains property Property of the Company (exclusive of Operating Reserves) sufficient to pay them. Except as otherwise expressly provided herein or the Act, no Member may demand a return of his Capital Contribution.
Appears in 3 contracts
Samples: Operating Agreement (Diamond Resorts Corp), Operating Agreement (Diamond Resorts Parent, LLC), Operating Agreement (Diamond Resorts Corp)
Withdrawal or Reduction of Members’ Contributions to Capital. (a) A Member shall not receive out of the Company’s Company property any part of such Member’s his, her or its Capital Contribution until all liabilities of the Company have been paid or there remains property of the Company (exclusive of Operating Reserves) sufficient to pay them.unless:
Appears in 2 contracts
Samples: Operating Agreement, Operating Agreement
Withdrawal or Reduction of Members’ Contributions to Capital. (a) A No Member shall not receive out of the Company’s 's property any part of such Member’s 's Capital Contribution until all liabilities of the Company have been paid or there remains property of the Company (exclusive of Operating Reserves) sufficient to pay them.
Appears in 2 contracts
Samples: Limited Liability (Shipyard River Coal Terminal Co), Limited Liability Company Operating Agreement (Shipyard River Coal Terminal Co)
Withdrawal or Reduction of Members’ Contributions to Capital. (a) a. A Member shall not receive out of the Company’s 's property any part of such Member’s 's Capital Contribution Contributions until all liabilities of the Company Company, except liabilities to Members on account of their Capital Contributions, have been paid or there remains property of the Company (exclusive of Operating Reserves) sufficient to pay them.
Appears in 2 contracts
Samples: Operating Agreement (Bluerock Enhanced Multifamily Trust, Inc.), Operating Agreement (Bluerock Enhanced Multifamily Trust, Inc.)
Withdrawal or Reduction of Members’ Contributions to Capital. (a) A Except as provided in Section 10.02 hereof, a Member shall not receive out of the Company’s property Company Property any part of such Member’s its Capital Contribution until all liabilities of the Company Company, except liabilities to Members on account of their Capital Contributions, have been paid or there remains property of the Company (exclusive of Operating Reserves) sufficient to pay them.
Appears in 2 contracts
Samples: Operating Agreement (Interstate Hotels & Resorts Inc), Limited Liability Company Operating Agreement (Lightstone Real Estate Income Trust Inc.)
Withdrawal or Reduction of Members’ Contributions to Capital. (a) A Member shall not receive out of the Company’s property any part of such Member’s its Capital Contribution until all liabilities of the Company Company, except liabilities to Members on account of their Capital Contributions, have been paid or there remains property of the Company (exclusive of Operating Reserves) sufficient to pay them. A Member, irrespective of the nature of its Capital Contribution, has only the right to demand and receive cash in return for its Capital Contribution.
Appears in 2 contracts
Samples: Limited Liability Company Agreement, Limited Liability Company Operating Agreement (New Gaming Capital Partnership)
Withdrawal or Reduction of Members’ Contributions to Capital. (a) A Member shall not receive out of the Company’s property Property any part of such Member’s Capital Contribution contributions to capital until all liabilities of the Company Company, except liabilities to Members on account of their contributions to capital, have been paid or there remains property Property of the Company (exclusive of Operating Reserves) sufficient to pay them.
Appears in 2 contracts
Samples: Operating Agreement (Strategic Realty Trust, Inc.), Operating Agreement (Strategic Realty Trust, Inc.)
Withdrawal or Reduction of Members’ Contributions to Capital. (a) a. A Member shall not receive out of the Company’s property any part of such Member’s its Capital Contribution until Contributions unless all liabilities of the Company have been paid or there remains property of the Company (exclusive of Operating Reserves) sufficient to pay themsuch liabilities. Under circumstances involving a return of any Capital Contribution, no Member shall have the right to receive property other than cash, unless all Members unanimously agree.
Appears in 2 contracts
Samples: Company Agreement Of, Company Agreement Of
Withdrawal or Reduction of Members’ Contributions to Capital. (a) A Member shall not receive out of the Company’s property any part of such Member’s its Capital Contribution until all liabilities of the Company Company, except liabilities to Members on account of their Capital Contributions, have been paid or there remains property of the Company (exclusive of Operating Reserves) sufficient to pay them.
Appears in 2 contracts
Samples: Operating Agreement (Cal Maine Foods Inc), Operating Agreement (Cal Maine Foods Inc)
Withdrawal or Reduction of Members’ Contributions to Capital. (a) A Member shall not receive out of the Company’s property any part of such Member’s its Capital Contribution Contributions until all liabilities of the Company have been paid or there remains property of the Company (exclusive of Operating Reserves) sufficient to pay themsuch liabilities.
Appears in 2 contracts
Samples: Company Agreement (AMFM Broadcasting Licenses, LLC), Company Agreement (AMFM Broadcasting Licenses, LLC)
Withdrawal or Reduction of Members’ Contributions to Capital. (a) A Member shall not receive out of the Company’s property any part of such Member’s Adjusted Capital Contribution Balance until all liabilities of the Company Company, except liabilities to Members on account of their Capital Contributions, have been paid or there remains property of the Company (exclusive of Operating Reserves) sufficient to pay them.
Appears in 2 contracts
Samples: Operating Agreement, Operating Agreement
Withdrawal or Reduction of Members’ Contributions to Capital. (a) A The Member shall not receive out of the Company’s property any part of such Member’s its Capital Contribution until all liabilities of the Company Company, except liabilities to the Member on account of its Capital Contributions, have been paid or there remains property of the Company (exclusive of Operating Reserves) sufficient to pay themsuch liabilities.
Appears in 2 contracts
Samples: Operating Agreement (JFC LLC), Operating Agreement (JFC LLC)
Withdrawal or Reduction of Members’ Contributions to Capital. (a) A No Member shall not receive out of the Company’s property any part of such Member’s its Capital Contribution until all liabilities of the Company Company, except the liabilities to Members on account of their Capital Contributions, have been paid or there remains property of the Company (exclusive of Operating Reserves) sufficient to pay themthose liabilities.
Appears in 2 contracts
Samples: Company Agreement (Cabana Beverages, Inc.), Company Agreement (Cabana Beverages, Inc.)
Withdrawal or Reduction of Members’ Contributions to Capital. (a) A Member shall not receive out of the Company’s 's property any part of such Member’s its Capital Contribution until all liabilities of the Company have been paid or there remains property of the Company (exclusive of Operating Reserves) sufficient to pay thempaid.
Appears in 2 contracts
Samples: Operating Agreement (Telergy Inc /Ny), Operating Agreement (Telergy Inc /Ny)
Withdrawal or Reduction of Members’ Contributions to Capital. (a) A Member shall not receive out of the Company’s 's property any part of such Member’s its Capital Contribution until all liabilities of the Company Company, except liabilities to Members on account of their Capital Contributions, have been paid or there remains property of the Company (exclusive of Operating Reserves) sufficient to pay them.
Appears in 2 contracts
Samples: Operating Agreement (Homegold Financial Inc), Operating Agreement (New England Electric System)
Withdrawal or Reduction of Members’ Contributions to Capital. (a) 8.3.1 A Member shall not receive out of the Company’s property any part of such Member’s its Capital Contribution until all liabilities of the Company Company, except liabilities to Members on account of their Capital Contributions, have been paid or there remains property of the Company (exclusive of Operating Reserves) sufficient to pay them.
Appears in 1 contract
Withdrawal or Reduction of Members’ Contributions to Capital. (a) a. A Member shall not receive out of the Company’s property Property any part of such Member’s Capital Contribution contributions to capital until all liabilities of the Company Company, excluding liabilities to Members on account of their contributions to capital, have been paid or there remains property Property of the Company (exclusive of Operating Reserves) sufficient to pay them.
Appears in 1 contract
Withdrawal or Reduction of Members’ Contributions to Capital. (a) a. A Member shall not receive out of the Company’s 's property any part of such Member’s 's Net Capital Contribution Contributions until all liabilities of the Company Company, except liabilities to Members on account of their Capital Contributions, have been paid or there remains property of the Company (exclusive of Operating Reserves) sufficient to pay them.
Appears in 1 contract
Withdrawal or Reduction of Members’ Contributions to Capital. (a) A Except as provided in this Agreement, a Member shall not receive out of the Company’s property any part of such Member’s its Capital Contribution until all liabilities of the Company Company, except liabilities to Members on account of their Capital Contributions, have been paid or there remains property of the Company (exclusive of Operating Reserves) sufficient to pay them.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Grant Park Futures Fund Limited Partnership)
Withdrawal or Reduction of Members’ Contributions to Capital. (a) A Member shall not receive out of the Company’s property any part of such Member’s its Capital Contribution Contributions until all liabilities of the Company have been paid or there remains property of the Company (exclusive of Operating Reserves) sufficient to pay themsuch liabilities. COMPANY AGREEMENT OF PAGE 6 AZOTTO TECHNOLOGY LLC.
Appears in 1 contract
Withdrawal or Reduction of Members’ Contributions to Capital. (a) Payment of Company Liabilities. A Member shall not receive out of the Company’s 's property any part of such Member’s its Capital Contribution until all liabilities of the Company Company, except liabilities to Members on account of their Capital Contributions, have been paid or there remains property of the Company (exclusive of Operating Reserves) sufficient to pay them.
Appears in 1 contract
Samples: Stratus Services Group Inc
Withdrawal or Reduction of Members’ Contributions to Capital. (a) A Member shall not receive out of the Company’s 's property any part of such Member’s his Capital Contribution until all liabilities of the Company Company, except liabilities to Members on account of their Capital Contributions, have been paid or there remains property of the Company (exclusive of Operating Reserves) sufficient to pay them.
Appears in 1 contract
Samples: Limited Liability Company Agreement
Withdrawal or Reduction of Members’ Contributions to Capital. (a) A Member shall not receive out of the Company’s 's property any part of such Member’s 's Capital Contribution Contributions until all liabilities of the Company Company, except liabilities to Members on account of their Capital Contributions, have been paid or there remains property of the Company (exclusive of Operating Reserves) sufficient to pay them.
Appears in 1 contract
Samples: Operating Agreement (Bluerock Residential Growth REIT, Inc.)
Withdrawal or Reduction of Members’ Contributions to Capital. (a) A Member shall not receive out of the Company’s property any part of such Member’s his, her, or its Capital Contribution until all liabilities of the Company Company, except liabilities to Members on account of their Capital Contributions, have been paid or there remains property of the Company (exclusive of Operating Reserves) sufficient to pay them.
Appears in 1 contract
Withdrawal or Reduction of Members’ Contributions to Capital. (a) A Except as provided in Section 9.2 hereof, a Member shall not receive out of the Company’s property Company Property any part of such Member’s its Capital Contribution until all liabilities of the Company Company, except liabilities to Members on account of their Capital Contributions, have been paid or there remains property of the Company (exclusive of Operating Reserves) sufficient to pay them.
Appears in 1 contract
Samples: Limited Liability Company Agreement (United Realty Trust Inc)
Withdrawal or Reduction of Members’ Contributions to Capital. (a) A Member shall not receive out of the Company’s 's property any part of such Member’s its Capital Contribution until with all liabilities of the Company Company, except liabilities to Members on account of their Capital Contributions, have been paid or there remains property of the Company (exclusive of Operating Reserves) sufficient to pay them. A Member, irrespective of the nature of Member's Capital Contribution, has only the right to demand and receive cash in return for its Capital Contribution.
Appears in 1 contract
Withdrawal or Reduction of Members’ Contributions to Capital. (a) A Member shall not receive out of the Company’s property any part of such Member’s his/her Adjusted Capital Contribution until all liabilities of the Company Company, except liabilities to Members on account of their Adjusted Capital Contribution, have been paid or there remains property of the Company (exclusive of Operating Reserves) sufficient to pay them.
Appears in 1 contract
Samples: Amended and Restated Operating Agreement (Gin & Luck Inc.)
Withdrawal or Reduction of Members’ Contributions to Capital. (a) A Member shall not receive out of the Company’s 's property any part of such Member’s 's Capital Contribution until all liabilities of the Company Company, except liabilities to Members on account of their Capital Contributions, have been paid or there remains property of the Company (exclusive of Operating Reserves) sufficient to pay them.
Appears in 1 contract
Samples: Operating Agreement (Community Trust Financial Services Corporation)
Withdrawal or Reduction of Members’ Contributions to Capital. (a) A Member shall not receive out of the Company’s property any part of such Member’s Capital Contribution until all liabilities of the Company Company, except liabilities to Members on account of their Capital Contributions, have been paid or there remains property of the Company (exclusive of Operating Reserves) sufficient to pay them.
Appears in 1 contract
Samples: Operating Agreement
Withdrawal or Reduction of Members’ Contributions to Capital. (a) A Except as otherwise provided in Section 9.13, a Member shall not receive out of the Company’s 's property any part of such Member’s its Capital Contribution until all liabilities of the Company have been paid or there remains property of the Company (exclusive of Operating Reserves) sufficient to pay them.
Appears in 1 contract
Samples: Operating Agreement (KFX Inc)
