Adjusted Capital Balance definition

Adjusted Capital Balance means, as of any day, an Interest Holder’s total Capital Contributions less all amounts actually distributed to the Interest Holder pursuant to Sections 4.2.3.4.1 and 4.4 hereof. If any Interest is transferred in accordance with the terms of this Agreement, the transferee shall succeed to the Adjusted Capital Balance of the transferor to the extent the Adjusted Capital Balance relates to the Interest transferred.

Adjusted Capital Balance means, as of any day, a Member’s total Capital Contributions less all amounts actually distributed to the Member pursuant to Section 4.1(c) or 4.1(d) below. If any Membership Unit is transferred in accordance with the terms of this Agreement, the transferee shall succeed to the Adjusted Capital Balance of the transferor to the extent the Adjusted Capital Balance relates to the Membership Unit transferred.

Adjusted Capital Balance of a Partner or an Investor means the Capital Contribution of the Partner or the Assignor Limited Partner made on behalf of an Investor, less any Net Proceeds of Sale or Financing actually distributed to the Partner or Investor (other than that portion, if any, which is payment of an unpaid Preferred Return), as provided in Article IV herein, at the time of reference thereto.

Examples of Adjusted Capital Balance in a sentence

• Upon a Refinancing and upon a Sale that does not constitute a Sale of all or substantially all of the Facilities or Operating Partnership Interests, Net Proceeds from a Refinancing or Net Proceeds from a Sale, as the case may be, shall be distributed, credited and applied in the following order of priority: (i) First, to the Investors until each Investor has received an amount equal to his unpaid Preferred Return, if any, and then his Adjusted Capital Balance.

• Any commissions paid to the General Partners and their Affiliates will be limited to one-half of the competitive real estate commission for like properties located in the same geographic area not to exceed 3% of the contract price for the Sale of the Facility, and will be subordinated to the payment to Investors of their Adjusted Capital Balance plus the unpaid portion, if any, of their Preferred Return.

• CORDISH PREFERRED RETURN: A per annum rate equal to 6.0% per annum on Cordish's Adjusted Capital Balance as adjusted from time to time, provided, however, that such rate shall be pro rated for each Fiscal Year of the Company which is less than twelve (12) full months.

• Any commissions paid to the General Partners or their Affiliates will be limited to a maximum of 1.5% of the contract price for the Sale of the Property, and will be subordinated to the payment to Unitholders of their Adjusted Capital Balance plus the unpaid portion, if any, of their Cumulative Return.

• Net Cash Flow, if any, for each year shall be distributed and applied by the Partnership in the following order of priority: (i) First, 98% to the Unitholders, 1% to the Development General Partner, and 1% to the Administrative General Partner, until each Unitholder has received an amount equal to 10% of his Adjusted Capital Balance.

More Definitions of Adjusted Capital Balance

Adjusted Capital Balance means, as of any day, an Interest Holder’s total Capital Contributions less all amounts actually distributed to the Interest Holder pursuant to Sections

Adjusted Capital Balance of a Partner or an Investor means the Capital Contribution of the Partner or the Assignor Limited Partner made on behalf of an Investor, less any Net Proceeds of Sale or Refinancing actually distributed to the Partner or Investor (other than that portion, if any, which is payment of an unpaid Preferred Return), as provided in Article IV herein, at the time of reference thereto. "Administrative General Partner" means Xxxxx Healthcare, Inc., a Maryland corporation, or any Person who is designated as the Administrative General Partner in the Schedule at the time in question. "Affiliate" means (i) any Person directly or indirectly controlling, controlled by or under common control with another Person, (ii) any Person owning or controlling 10% or more of the outstanding voting securities of such other Person, (iii) any officer, director or partner of such Person, and (iv) if A-3

Adjusted Capital Balance of a Partner or a Unitholder means the Capital Contribution of the Partner or the Assignor Limited Partner made on behalf of a Unitholder, less any Net Proceeds of Sale or Refinancing actually distributed to the Partner or Unitholder (other than that portion, if any, which is payment of an unpaid Cumulative Return), as provided in Article IV herein, at the time of reference thereto.

Adjusted Capital Balance of a Partner or a Unitholder means the Capital Contribution of the Partner or the Assignor Limited Partner made on behalf of a Unitholder, less any Net Proceeds of Sale or Refinancing actually distributed to the Partner or Unitholder (other than that portion, if any, which is payment of an unpaid Cumulative Return), as provided in Article IV herein, at the time of reference thereto. "Administrative General Partner" means Brown-Benchmark XXX, Inc., a Maryland corporation, or any Person who is designated as an Administrative General Partner in the Schedule at the time in question. "Affiliate" or "Affiliated Person" means, when used with reference to a specified Person (i) any Person who, directly or indirectly, through one or more intermediaries, controls, or is controlled by, or is under common control with, the specified Person, (ii) any Person who is an officer, partner, or trustee of, or serves in a similar capacity with respect to, the specified Person, or any Person of which the specified Person is an officer, partner or trustee, or with respect to which the specified Person serves in a similar capacity, (iii) any Person who, directly or indirectly, is the beneficial owner of 5% or more of any class of equity securities of, or otherwise has a substantial beneficial interest in, the

Adjusted Capital Balance. As of any day, a Member’s Total Investment less all amounts actually distributed to the Member pursuant to Sections 9.02(c)(iv)(B) 9.02(c)(iv)(C (to the extent allocable to a return of capital and not to a return on capital), and 14.03 hereof. If any Membership Interest is transferred in accordance with the terms of this Agreement, the transferee shall succeed to the Adjusted Capital Balance of the transferor to the extent the Adjusted Capital Balance relates to the Membership Interest transferred.

Adjusted Capital Balance means, as of any day, an Economic Interest Holder's total Capital Contributions less all amounts actually distributed to the Economic Interest Holder pursuant to Sections 4.2.3.4.1 and 4.4 hereof. If any Economic Interest is transferred in accordance with the terms of this Agreement, the transferee shall succeed to the Adjusted Capital Balance of the transferor to the extent the Adjusted Capital Balance relates to the Economic interest transferred.

Adjusted Capital Balance of a Partner or an Investor means the Capital Contribution of the Partner or the Assignor Limited Partner made on behalf of an Investor, less any Net Proceeds of Sale or Financing actually distributed to the Partner or Investor (other than that portion, if any, which is payment of an unpaid Preferred Return), as provided in Article IV herein, at the time of reference thereto. "Affiliate" means (i) any Person directly or indirectly controlling, controlled by or under common control with another Person, (ii) any Person owning or controlling 10% or more of the outstanding voting securities of such other Person, (iii) any officer, director or partner of such Person, and (iv) if such other Person is an officer, director or partner, any company for which such Person acts in any such capacity. "Agreement" means this Agreement of Limited Partnership as originally executed and as amended from time to time, as the context requires. Words such as "herein", "hereinafter, " "hereof," "hereto," "hereby" and "hereunder," when used with reference to this Agreement, refer to this Agreement as a whole unless the context otherwise requires.