Default Member definition
Examples of Default Member in a sentence
Interest shall accrue on Default Member Loans from the date the funds are actually received by the Company until the date that the Default Member Loans are repaid in full.
If a Contributing Member does not contribute all or any portion of its Member Call Amount (a “Non-Contributing Member”) the Manager, may cause the reduction of the Non-Contributing Member’s Membership Interest Percentage by an amount determined as the product of multiplying the Non-Contributing Member’s Membership Interest Percentage by a percentage determined by dividing the amount of the Default Member Call Amount by the total amount of the Capital Call.
The Members that did not fail to make the required Capital Contribution (the “Non-Defaulting Members”), in their sole and absolute discretion, may elect to make the additional Capital Contribution in the stead of the Default Member in an amount up to the Default Amount.
The related Mortgaged Property located in Mooresville, North Carolina is legal non-conforming as to use (the current zoning ordinance requires a conditional use permit for retail uses similar to such Mortgaged Property larger than 100,000 square feet.
Upon the occurrence and during the continuance of an Event of Default, Member shall be in default hereunder, and Collateral Agent on behalf of the Secured Parties shall have in any jurisdiction where enforcement is sought, all rights and remedies that Collateral Agent on behalf of the Secured Parties may have as a secured party under the Uniform Commercial Code as enacted in any such jurisdiction, and other applicable law.
If there is more than one Default Member Loan then the Default Member Loan made most recently in time shall have priority over older Default Member Loans.
Interest shall accrue on Default Member Loan from the date the funds are actually received by the Company from the non-Defaulting Member until the date that the Default Member Loan isrepaid in full.
During the pendency of such arbitration, even though the Member who failed to make the Additional Capital Contribution shall not be deemed to be a Default Member under Section 4.1.5(c), the other Member may elect to loan to the Company the amount which the other Member failed to contribute in accordance with the provisions of Section 4.1.5(d)(i) (which amounts shall then be immediately contributed by the Company to the appropriate Subsidiary).
After the occurrence of any Default or Event of Default, Member waives all rights to be advised of or to receive said notices, statements or communications and agrees that no proxies issued by ▇▇▇▇▇▇ as aforesaid shall be effective thereafter.
Notwithstanding the foregoing, if the Default Member is TNHC, TNHC’s Percentage Interest shall not be reduced in the aggregate pursuant to this Section 4.3 by more than 15 whole percentage points, but this limitation shall not restrict the further reduction of TNHC’s Percentage Interest pursuant to Section 12.3 if a Removal Event has occurred.