Capital Call definition
Examples of Capital Call in a sentence
Prior to the date hereof, each Borrower has satisfied all conditions to its rights to make a Capital Call, including any and all conditions contained in its Constituent Documents or the Subscription Agreements.
There are no Capital Call Notices outstanding except as otherwise disclosed in writing to Administrative Agent.
None of them has any duty to inquire into the use, purpose, or reasons for the making of any Capital Call or with respect to the investment or the use of the proceeds thereof.
Regardless of any provision hereof, in the absence of gross negligence or willful misconduct by Administrative Agent or the other Secured Parties, none of Administrative Agent or any other Secured Party will ever be liable for failure to collect or for failure to exercise diligence in the collection, possession, or any transaction concerning, all or part of the Capital Call Notices, Capital Commitments, or any Capital Contributions, or sums due or paid thereon.
Notwithstanding anything to the contrary herein or in any Loan Document, upon the occurrence and during the continuance of an Event of Default (other than an Excluded Event of Default, in which case the provisions of this Section 10.02(b) will not apply), prior to Administrative Agent exercising the Secured Parties’ right to issue Capital Call Notices to the Investors, Administrative Agent will give Borrowers three (3) Business Days prior written notice (the “Notice Period”) of its intention to do so.