Unrecovered Capital Contributions definition

Unrecovered Capital Contributions of a Member shall mean the aggregate amount of all Capital Contributions made by such Member, other than the Subordinate Capital Contributions, reduced by distributions made to such Member pursuant to Clause First of Section 5.1.B.
Unrecovered Capital Contributions. For any Member or Series A Preferred Owner as of any date holding Preferred Units, the total Capital Contributions of that Member or Series A Preferred Owner less the cumulative payments made to such Series A Preferred Owners pursuant to Sections 9.9(a)(i)(A), 9.9(a)(ii)(A), 9.9(a)(iii)(A), 9.9(b)(x), 9.9(c)(i) and 9.9(d)(i) previously made under Section 9.9.
Unrecovered Capital Contributions means, at any time, with respect to any holder of Trust LP Units, the excess, if any, of (a) the sum of aggregate amount of Capital Contributions plus the amount of any fees paid or payable by a holder of Trust LP Units to exempt market dealers or other registered securities dealers in connection with the issuance of securities, the proceeds of which are utilized to make such Capital Contributions made by such holder of Trust LP Units, or to the Administrator pursuant to the Administration Agreement, over (b) the cumulative amount of all prior distributions made to such holder of Trust LP Units as of such time; provided that, in the event of any Transfer of Trust LP Units, the transferee(s) shall be deemed to have made the Capital Contributions and paid the amount of any fees paid or payable by a holder of Trust LP Units to exempt market dealers or other registered securities dealers in connection with the issuance of securities, the proceeds of which are utilized to make such Capital Contributions made by the transferor(s) with respect thereto and to have received the distributions received by the transferor(s) with respect thereto, or to the Administrator pursuant to the Administration Agreement.

Examples of Unrecovered Capital Contributions in a sentence

  • The Asset Management Fee will be paid in advance on a quarterly basis on the amount of all Unrecovered Capital Contributions of the Members as of the last day of the immediately preceding quarter.

  • For so long as Plymouth Member is the Managing Member, the Company shall pay to the Managing Member or its designee an annual asset management fee equal to one percent (1%) of the amount of all Unrecovered Capital Contributions of the Members (the “Asset Management Fee”), commencing on the Closing Date and ending upon the earlier of the termination of this Agreement or the sale, disposition or write-off of the last of the Properties owned by the Company or any Subsidiary.

  • To the Original Partners in proportion to their respective Percentage Interests, until each such Original Partner has received a cumulative, compounded return of fifteen percent (15%) per annum, compounded quarterly, on the Unrecovered Capital Contributions of each such Original Partner.

  • This Agreement may be executed in counterparts, each of which shall be deemed an original, and all counterparts so executed shall constitute one agreement binding on all of the parties hereto.

  • Manager intends to return all Class A Members’ Unrecovered Capital Contributions at refinance.

  • The purchase price for such Class A Units shall equal the Initial Class A Unit Holder’s Unrecovered Capital Contributions plus any amounts accrued and unpaid pursuant to section 5.2(a)(ii) of the Third Amended and Restated Operating Agreement.

  • Next, pro rata, in accordance with their respective Unrecovered Capital Contributions, if any, until all are reduced to zero.

  • The Net Loss of the Company for each fiscal year of the Company shall be allocated, first, to the Members on a pro rata basis in accordance with their respective Unrecovered Capital Contributions, to the extent of each Member’s Unrecovered Capital Contribution; then, the balance of the Net loss, if any, shall be allocated to the Members, pm rata in accordance with their respective Percentage Capital Accounts.

  • Xxxxxx and Xxxxxxx Xxxxxxxxx, jointly and severally agree to indemnify Legacy from and against any Unrecovered Capital Contributions following the dissolution and liquidation of the Company.

  • The purchase price for such Class D Units shall equal to the Initial Class D Unit Holders’ Unrecovered Capital Contributions plus any amounts accrued and unpaid pursuant to Section 5.2(a)(ii) of the Third Amended and Restated Operating Agreement.


More Definitions of Unrecovered Capital Contributions

Unrecovered Capital Contributions means, at any given time, the total Capital Contributions of a Member, less the total of all distributions previously made to such Member pursuant to Section 6.1(a) only, on a cumulative basis, pursuant to this Agreement; provided, however, that in no event shall the Unrecovered Capital Contribution be an amount less than zero.
Unrecovered Capital Contributions means the positive difference, if any, between the aggregate Capital Contributions to the Company (other than the initial Capital Contributions made pursuant to Section 2.02) and any prior distributions pursuant to Sections 4.01(b), 4.01(c), 4.01(d) and 4.01(e) to the extent such distributions exceed Cumulative Net Income; provided, that any actual or constructive Capital Contributions made by Knight or the Management Group in connection with any compensation deduction available to the Company shall not be taken into account in determining Unrecovered Capital Contributions; provided, further, that any deemed Capital Contributions made by Knight or the Management Group as a result of the Company’s obligation to make distributions to Knight pursuant to Section 4.01(h) hereof or any deemed distribution made to Knight or the Management Group as a result of the Company’s satisfying such obligation, in whole or in part, shall not be taken into account in determining Unrecovered Capital Contributions.
Unrecovered Capital Contributions means the aggregate amount of cash contributed by Legacy as Legacy's Original Capital Contribution to the Company and Legacy's Additional Capital Contributions to the Company, reduced (but not below zero) by the amount of the Distributions of Net Cash from Operations received by legacy pursuant to Section 7.2.3 hereof and Distributions of Net Cash from a Capital Event received by Legacy pursuant to Sections 7.3.2, 7.3.5 and 7.3.7 hereof.
Unrecovered Capital Contributions of any Member, at any particular time, shall mean the Capital Contributions (which, for purposes of the definition of Unrecovered Capital Contributions, shall include all sums paid by a Member and/or its designee in connection with the closing of the sale of the Call Interest and/or any Offered Interest) made by such Member at or prior to such time, reduced by the aggregate amount of all prior distributions made to such Member under Section 3.1(b)(4). Exhibit B-14 EXHIBIT C Organizational Chart of the Company and its Subsidiaries Exhibit C-1 EXHIBIT C-1 Organizational Chart of Sponsor Member’s Constituent Members Exhibit C-1 EXHIBIT C-2 Organizational Chart of Investor Member’s Constituent Members Exhibit C-1 EXHIBIT D Representations and Warranties of the Sponsor Member Sponsor Member represents and warrants to Investor Member as of the Effective Date that:
Unrecovered Capital Contributions means the amount at any time equal to the excess of (i) the XXXX Overseas’ Initial Capital Contribution, over (ii) the distributions to XXXX Overseas pursuant to Section 6.4(b)(iii).
Unrecovered Capital Contributions means for any Member, the aggregate amount of Capital Contributions theretofore made by such Member, reduced by the aggregate amount of distributions theretofore made to such Member pursuant to Sections 6.2(a)(i) and 6.2(b).

Related to Unrecovered Capital Contributions

  • Unreturned Capital Contributions means all Capital Contributions made by a Class A Member less any returned capital.

  • Capital Contributions means, with respect to any Member, the amount of money (US Dollars) and the initial Gross Asset Value of any assets or property (other than money) contributed by the Member (or such Member’s predecessor in interest) to the Company (net of liabilities secured by such contributed property that the Company is considered to assume or take subject to under Code Section 752) with respect to the Units in the Company held or purchased by such Member, including additional Capital Contributions.

  • Unrecovered Capital means at any time, with respect to a Unit, the Initial Unit Price less the sum of all distributions constituting Capital Surplus theretofore made in respect of an Initial Common Unit and any distributions of cash (or the Net Agreed Value of any distributions in kind) in connection with the dissolution and liquidation of the Partnership theretofore made in respect of an Initial Common Unit, adjusted as the General Partner determines to be appropriate to give effect to any distribution, subdivision or combination of such Units.

  • Initial Capital Contributions has the meaning set forth in Section 3.01.

  • Additional Capital Contributions shall have the meaning set forth in Section 5.3.

  • Initial Capital Contribution has the meaning set forth in Section 4.1.

  • Additional Capital Contribution has the meaning set forth in Section 3.02.

  • Unreturned Capital means, with respect to any Unit, at any time, an amount equal to the excess, if any, of (i) the aggregate amount of Capital Contributions made with respect to such Unit, over (ii) the aggregate amount of Distributions made by the Company with respect to such Unit pursuant to Section 4.01(a)(ii) prior to such time.

  • Invested Capital means the amount calculated by multiplying the total number of Shares purchased by Stockholders by the issue price at the time of such purchase, reduced by the portion of any Distribution that is attributable to Net Sales Proceeds and by any amounts paid by the Company to repurchase Shares pursuant to the Company’s plan for the repurchase of Shares.

  • Catch-Up Contributions means Salary Reduction Contributions made to the Plan that are in excess of an otherwise applicable Plan limit and that are made by Participants who are Age 50 or over by the end of their taxable years. An “otherwise applicable Plan limit” is a limit in the Plan that applies to Salary Reduction Contributions without regard to Catch-up Contributions, such as the limits on Annual Additions, the dollar limitation on Salary Reduction Contributions under Code Section 402(g) (not counting Catch-up Contributions) and the limit imposed by the Actual Deferral Percentage (ADP) test under Code Section 401(k)(3). Catch-up Contributions for a Participant for a taxable year may not exceed the dollar limit on Catch-up Contributions under Code Section 414(v)(2)(B)(i) for the taxable year. The dollar limit on Catch-up Contributions under Code Section 414(v)(2)(B)(i) is $1,000 for taxable years beginning in 2002, increasing by $1,000 for each year thereafter up to $5,000 for taxable years beginning in 2006 and later years. After 2006, the $5,000 limit will be adjusted by the Secretary of the Treasury for cost-of-living increases under Code Section 414(v)(2)(C). Any such adjustments will be in multiples of $500.

  • Cash contributions means the re- cipient’s cash outlay, including the outlay of money contributed to the re- cipient by third parties.

  • Class B Invested Amount means, on any date of determination, an amount equal to (a) the Class B Initial Invested Amount, minus (b) the aggregate amount of principal payments made to the Class B Certificateholders prior to such date, minus (c) the aggregate amount of Class B Investor Charge-Offs for all prior Distribution Dates, minus (d) the amount of Reallocated Principal Collections allocated on all prior Distribution Dates pursuant to subsection 4.08(a) (excluding any Reallocated Principal Collections that have resulted in a reduction in the Collateral Invested Amount pursuant to Section 4.08), minus (e) an amount equal to the amount by which the Class B Invested Amount has been reduced on all prior Distribution Dates pursuant to subsection 4.06(a) and plus (f) the amount of Excess Spread and Excess Finance Charge Collections allocated and available on all prior Distribution Dates pursuant to subsection 4.07(e) for the purpose of reimbursing amounts deducted pursuant to the foregoing clauses (c), (d) and (e); provided, however, that the Class B Invested Amount may not be reduced below zero.

  • Contribution Amounts the aggregate amount of capital contributions applied by the Borrower to permit the Incurrence of Contribution Indebtedness pursuant to Subsection 8.1(b)(xi).

  • Contribution Amount has the meaning given in subsection 444-90(1A) in Schedule 1 of the Australian Taxation Administration Act 1953 (Cth).

  • Additional contributions means contributions made by a member of a defined benefit plan to

  • Specified Spread Account Balance means on the Closing Date, % of the sum of the Pool Balance as of the [Initial] Cutoff Date and on any Payment Date thereafter the lesser of, (a) % of the [sum of (i) the] Pool Balance as of the [Initial] Cutoff Date [plus (ii) the aggregate Contract Value of all Subsequent Receivables sold to the Trust as of their respective Cutoff Dates] and (b) the outstanding principal amount of the Notes. However, if (A) the Specified Spread Account Reduction Trigger is met on the Payment Date in [Month] 20XX or any Payment Date thereafter, the percentage in clause (a) will be reduced to % on such Payment Date and will remain at such percentage for each Payment Date thereafter unless further reduced on the Payment Dates as provided in the following clauses (B), (C) or (D); (B) if the Specified Spread Account Reduction Trigger is met on the Payment Date in [Month] 20XX or any Payment Date thereafter, the percentage in clause (a) of the preceding sentence will be reduced to % on such Payment Date (regardless of whether the Specified Spread Account Reduction Trigger was met on the Payment Date in [Month] 20XX or any Payment Date thereafter and will remain at such percentage for each Payment Date thereafter unless further reduced on the Payment Date as provided in the following clause (C) or (D); (C) the Specified Spread Account Reduction Trigger is met on the Payment Date in [Month] 20XX or any Payment Date thereafter, the percentage in clause (a) of the preceding sentence will be reduced to % on such Payment Date (regardless of whether the Specified Spread Account Reduction Trigger was met on the Payment Dates in [Month] 20XX or any Payment Date thereafter or [Month] 20XX or any Payment Date thereafter) and will remain at such percentage for each Payment Date thereafter unless further reduced on the Payment Date as provided in the following clause (D); and (D) the Specified Spread Account Reduction Trigger is met on the Payment Date in [Month] 20XX or any Payment Date thereafter, the percentage in clause (a) of the preceding sentence will be reduced to % on such Payment Date (regardless of whether the Specified Spread Account Reduction Trigger was met on the Payment Dates in [Month] 20XX or any Payment Date thereafter, [Month] 20XX or any Payment Date thereafter or [Month] 20XX or any Payment Date thereafter) and will remain at such percentage for each Payment Date thereafter. In addition to the ability to amend the “Specified Spread Account Balance” definition pursuant to Section 9.1(a) of the Indenture, the Specified Spread Account Balance may also be reduced or modified without the consent of the Holders of the Notes if the Rating Agency Condition is satisfied with respect to such reduction or modification.

  • Initial Contribution means that contribution each Participant has made or agrees to make pursuant to Section 5.1 of the Agreement.

  • Adjusted Capital Account Balance means, with respect to each Partner, the balance in such Partner’s Capital Account adjusted (i) by taking into account the adjustments, allocations and distributions described in Treasury Regulations Sections 1.704-1(b)(2)(ii)(d)(4), (5) and (6); and (ii) by adding to such balance such Partner’s share of Partnership Minimum Gain and Partner Nonrecourse Debt Minimum Gain, determined pursuant to Treasury Regulations Sections 1.704-2(g) and 1.704-2(i)(5), any amounts such Partner is obligated to restore pursuant to any provision of this Agreement or by applicable Law. The foregoing definition of Adjusted Capital Account Balance is intended to comply with the provisions of Treasury Regulations Section 1.704-1(b)(2)(ii)(d) and shall be interpreted consistently therewith.

  • Specified Reserve Account Balance means, for any Payment Date, an amount equal to 1.00% of the Pool Balance as of the Cut-Off Date; provided, however, on any Payment Date after the Notes are no longer Outstanding following payment in full of the principal and interest on the Notes, the “Specified Reserve Account Balance” shall be $0.

  • Class B Adjusted Invested Amount means, with respect to any date of determination, an amount equal to the Class B Invested Amount less the positive difference, if any, between the Principal Funding Account Balance and the Class A Invested Amount on such date.

  • Class Invested Amount means, with respect to any Class for any Distribution Date, an amount equal to the Class Initial Investor Interest minus the sum of (a) the aggregate amount of payments of Certificate Principal paid to such Class of Investor Certificateholders, in each case prior to such Distribution Date, (b) the aggregate amount of Investor Losses of such Class not reimbursed prior to such Distribution Date and (c) the aggregate amount of losses of principal on investments of funds on deposit for the benefit of such Class in the Series Principal Funding Account, if applicable.

  • Equity Contributions means the equity to be contributed by the Equity Investor to Borrower, in accordance with and subject to the terms of the Partnership Agreement.

  • Principal Funding Account Balance means, with respect to any date of determination, the principal amount, if any, on deposit in the Principal Funding Account on such date of determination.

  • Economic Capital Account Balances has the meaning set forth in Section 5.01(g) hereof.

  • Cash Contribution Amount means the aggregate amount of cash contributions made to the capital of the Issuer or any Guarantor described in the definition of “Contribution Indebtedness.”

  • Class C Invested Amount means, as of a date, an amount (not less than zero) equal to (a) the initial Note Balance of the Class C Notes, minus (b) the aggregate amount of any principal payments made to the Noteholders of the Class C Notes before that date, minus (c) the cumulative amount of unreimbursed Investor Charge-Offs applied to reduce the Class C Invested Amount under Section 4.3 of the Indenture Supplement before that date, minus (d) the cumulative amount of unreimbursed Reallocated Principal Collections applied to reduce the Class C Invested Amount under Section 4.4 of the Indenture Supplement before that date.