Unreturned Capital Contribution Balance definition

Unreturned Capital Contribution Balance means, with respect to any Unit as of any date, the aggregate Capital Contributions made in respect of such Unit, reduced (but not below zero) by the aggregate amount of Cash Flow distributed pursuant to Section 4.5(a)(ii)(B) or Section 9.3(a) in respect of such Unit (whenever made and regardless of the source or character of such distribution). In the event any Unit is transferred in accordance with the terms of this Agreement, the transferee shall succeed to the Unreturned Capital Contribution Balance which relates to such Unit
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Unreturned Capital Contribution Balance of a Member at any time means the excess, if any, of (i) the cumulative amount of Capital Contributions made by such Member to the Company as of such time over (ii) the cumulative amount of distributions made by the Company to such Member pursuant to Section 10.1(a) as of such time.
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Unreturned Capital Contribution Balance means, with respect to a Member, the excess (if any) of (i) such Member’s aggregate Capital Contributions, over (ii) the distributions made to such Member under Section 5.1(a). For the avoidance of doubt, no cost or expense nor any diminution or reduction in profits incurred by Amyris in connection with performing its obligations under Section 5.5 of the JV Agreement (“Manufacture of Products”) shall be considered a “Capital Contribution” for purposes of determining any Member’s Unreturned Capital Contribution Balance. EXHIBIT B MEMBERS Member Name and Address Capital Contribution Shares (Company Interest) Nikko Chemicals Co., Ltd., a Japanese corporation (0-0-0, Xxxxxxxxxx-Xxxxxxxxx, Xxxx-xx, Xxxxx 000-0000, Xxxxx) Cash Contribution ($8 million plus Earnout)* 40 (40%) Nippon Surfactant Industries Co., Ltd., a Japanese corporation (7-14 Xxxxxxxxxxxxxxxxxx, Xxxxxxxxxx, Xxxxxxx 000-0000, Xxxxx) Cash Contribution ($2 million plus Earnout)* 10 (10%) Amyris, Inc., a Delaware corporation (0000 Xxxxxx Xxxxxx, Suite 100, Emeryville, California 94608, USA) In-Kind Contribution (Equivalent to Nikko’s Cash Contribution) 50 (50%) TOTAL $20 million (excluding Earnout) 100 * The Members acknowledge and agree that the purchase price (including Earnout) payable by Nikko (i.e., Nikko Chemicals and Nissa) to Amyris for 50 Shares, as described more fully in JV Agreement shall represent, and otherwise be treated for purposes of this Agreement (including Article 2 and Article 5 hereof), as a Capital Contribution. Nikko’s Capital Contribution will be adjusted annually based on the amount of the Earnout paid to Amyris by Nikko under the JV Agreement. As an illustration, if Amyris receives $2 million as an Earnout under the JV Agreement, then Nikko’s Capital Contribution will be adjusted to be $12 million (i.e., $10 million as initial payment and $2 million as Earnout) and Amyris’ Capital Contribution will also be adjusted to be $12 million. For clarification, unless and until Amyris receives the Earnouts, no such adjustment shall be made. EXHIBIT C
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Examples of Unreturned Capital Contribution Balance in a sentence

  • If such allocation is made, the cash necessary to pay same shall be withheld from Distributable Cash that would otherwise be distributable to such Limited Partner or shall reduce the Unreturned Capital Contribution Balance of such Limited Partner.


More Definitions of Unreturned Capital Contribution Balance

Unreturned Capital Contribution Balance of a Partner at any time means the excess, if any, of (i) the cumulative amount of Capital Contributions made by such Partner to the Partnership at and prior to such time over (ii) the cumulative amount of distributions made by the Partnership to such Partner pursuant to Section 7.1(a) at and prior to such time.
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Related to Unreturned Capital Contribution Balance

  • Unreturned Capital Contributions means, as to each Member, the aggregate Capital Contributions made to the Company by such Member minus the aggregate distributions of such Capital Contributions made to such Member from the Company pursuant to Sections 3.2(b) and 6.2(a)(ii) hereof.

  • 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.

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

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

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

  • 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.

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

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

  • 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.

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

  • Maximum Contribution Amount shall equal the excess of (i) the aggregate proceeds received by such Holder pursuant to the sale of such Registrable Notes or Exchange Notes over (ii) the aggregate amount of damages that such Holder has otherwise been required to pay by reason of such untrue or alleged untrue statement or omission or alleged omission. No person guilty of fraudulent misrepresentation (within the meaning of Section 11(f) of the Securities Act) shall be entitled to contribution from any Person who was not guilty of such fraudulent misrepresentation. The Holders’ obligations to contribute pursuant to this Section 8(d) are several in proportion to the respective principal amount of the Registrable Securities held by each Holder hereunder and not joint. The Company’s and Subsidiary Guarantors’ obligations to contribute pursuant to this Section 8(d) are joint and several. The indemnity and contribution agreements contained in this Section 8 are in addition to any liability that the Indemnifying Parties may have to the Indemnified Parties.

  • 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).

  • 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.

  • Company Contribution Amount means, for any one Plan Year, the amount determined in accordance with Section 3.5.

  • 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)(c)(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), and 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.

  • 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.

  • Aggregate Class B Interest Distributable Amount With respect to any Distribution Date, the sum of (i) the Note Class Interest Distributable Amount for the Class B Notes as of such Distribution Date and (ii) the Class B Interest Carryover Shortfall as of the close of the preceding Distribution Date.

  • Class B Distribution Amount Any of the Class B-1, Class B-2, Class B-3, Class B-4, Class B-5 or Class B-6 Distribution Amounts.

  • Class B Percentage Interest means, with respect to a Class B Member as of a given date, that percentage obtained by dividing the total number of Class B Units owned by such Member by the total number of Class B Units issued and outstanding.

  • 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.

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