Unreturned Capital definition

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.

Unreturned Capital means, with respect to a Preferred Unit or a ------------------ Class L Common Unit, the excess, if any, of the Capital Contribution made or deemed made in exchange for or on account of such Unit over all Distributions made by the Partnership that constitute a return of the Capital Contribution therefor pursuant to Section 4.1(a)(ii) or 4.1(a)(iv).

Unreturned Capital shall consist of so much of a Member’s Capital Contributions that have not been returned to such Member by way of distributions under paragraph 7.4(c)(i), (ii) or (iii), or Section 10.13.

Examples of Unreturned Capital in a sentence

• The determination of the 125% Standard and the Liquidation Value shall be made without consideration of the Unreturned Capital Contribution of the Manager.

• When calculating the distribution formulas set forth above, all distributions paid to the Members in excess of the cumulative 6% Preferred Return shall be applied to reduce the Members’ Unreturned Capital Contributions.

• Such recalled capital received by the Partnership pursuant to this Section 6.3.1(a) shall be treated as a Capital Contribution for all purposes of this Agreement and shall increase such contributing Partner’s Unreturned Capital Account balance.

• Upon the issuance of additional membership interests to new or existing Members, Management is authorized to adjust the Profit Percentages, Capital Accounts, Unreturned Capital balances and other attributes of the membership interests of the existing Members to take due account of the additional membership interests issued by the Company.

• Third, provided the entire annual 6% Preferred Return, as set forth in Section 1 above, has been paid for eachannual period in which the amount of Unreturned Capital Contributions have not yet been reduced to zero, to the Manager in payment of the catch up Distributions, to be paid to the Manager, in the amount equal to 40% of the Distributions actually made to the Members to the extent the distributed amount exceeds the 6% Preferred Return Amount (“ Excess Distributions”).

More Definitions of Unreturned Capital

Unreturned Capital with respect to each Unitholder means the excess, if any, of (i) such Unitholder’s aggregate Capital Contributions over (ii) the aggregate amount of all distributions made to such Unitholder pursuant to or in accordance with Section 4.4(a).

Unreturned Capital means with regard to each Member, an amount equal to the total Capital Contributions made with respect to the Economic Interest of such Member, less the aggregate of all distributions to such Member, or such Member’s predecessor-in-interest, that are made as a return of capital.

Unreturned Capital means, with respect to any Member on any date of determination, an amount equal to the excess, if any, of (x) the aggregate amount of Capital Contributions made by such Member on or after the date of this Agreement over (y) the aggregate amount of distributions made by the Company on or after the date of this Agreement that constitute a return of the Capital Contributions of such Member pursuant to Section 10.2. For the avoidance of doubt, amounts advanced as Special Membership Interest Funds shall not be included under clause (x) and amounts paid pursuant to Section 10.8 in respect of Special Membership Interests shall not be included under clause (y).

Unreturned Capital means, with respect to any Member, the excess of Capital Contributions made by such Member over all distributions and payments received by such Member pursuant to Sections 3.6.3 (excluding the portion consisting of Unpaid Dividends or Accrued Dividends) and 4.1.2.2.

Unreturned Capital means the Gross Asset Value of property contributed by each Beneficiary determined by reference to the ending balance in his/her/its capital account of the Company on the Effective Date.

Unreturned Capital means, with respect to any Class A Partner, an amount equal to the aggregate Capital Contributions made or deemed made by such Partner with respect to such Partner’s Interest, minus the aggregate amount of such Capital Contributions that have been returned to such Partner pursuant to Section 5.01 and Section 5.03.

Unreturned Capital means, with respect to any Unit, an amount equal to the positive excess, if any, of (a) the aggregate amount of Capital Contributions (x) made in exchange for or on account of such Unit and (y) deemed made on account of such Unit in the merger of BLTH with and into the Company (determined in the case of clause (x), for each Unitholder, in each case, by dividing the total amount of Capital Contributions made by such Unitholder with respect to a particular series of Units by the number of Units of such series held by such Unitholder and, in the case of clause (y) shall be, for each Unitholder, determined by dividing the aggregate Capital Contributions deemed made by such Unitholder in respect of Series A Common Units, Series B Common Units and/or Series C Common Units (other than Series C Common Units issued with a Threshold Equity Value) in such merger by, respectively, the aggregate number of Series A Common Units, Series B Common Units and/or Series C Common Units held by such Holder as of the date of such merger), over (b) the aggregate amount of prior distributions made by the Company with respect to such Unit (and that, in the case of a Series A Common Unit, constitute payment of Unreturned Original Capital on such Series A Common Unit); provided that the “Unreturned Capital” for each Series C Common Unit issued with a Threshold Equity Value shall be $0. For purposes of the final parenthetical in the preceding sentence, all distributions in respect of Series A Common Units shall be deemed to be applied to repay any Unpaid Series A Yield thereon prior to any Unreturned Capital.