FUTURE CAPITAL CALLS Sample Clauses

FUTURE CAPITAL CALLS. The Parties acknowledge and agree that it is anticipated, assuming satisfactory business performance, that Ets. Brancher may expand its operations in a manner and at a time to be determined by the Committee (as defined below), and additional capital contributions may be required for the expansion of Ets. Brancher. The Parties hereby agree that the Committee may evaluate the circumstances of the Ets. Brancher Company and approve a proposal for a capital contribution from the Shareholders. If the Committee fails to agree on the necessity of such a capital contribution, it shall constitute a dispute under the terms of Section 7.1. and shall be resolved under such terms. Further, should any Shareholder not make any contribution approved by the Committee and the Parties, within twenty (20) days of the date of the formal decision, the other Shareholder, at its sole discretion, shall have the option to pay the Expansion Capital Contribution of the nonpaying Shareholder; provided, the Shareholder contributing additional capital shall be entitled to additional shares of Company Stock of the requesting company sufficient such that the percentage of ownership of stock of the requesting company held by such Shareholder shall equal the percentage that the total capital contributions made by such Shareholder to such company bears to the sum of the then applicable Net Book Value of Ets. Brancher and such total capital contributions. It is further agreed that all further capital increases will be based on the Ets. Brancher Stock Price defined in Section 3.3.B(i). In the event Jean-Xxxxxxx Xxxncher elects not to make any approved capital contribution and his contribution is offered by Lennox as provided above which would cause the ownership of Jean-Xxxxxxx Xxxncher in the Venture Company to fall below Twenty Five Percent (25%), the Parties agree that Jean- Xxxxxxx Xxxncher may also elect to sell the balance of his shares in the Ets. Brancher Company to Lennox as provided for in Section 3.3.D(ii). It is further agreed that Lennox may utilize any other means of financing in Ets. Brancher or pursue the business venture sought to be financed by the capital contribution outside the Venture notwithstanding the terms of this Amended Agreement under Section 2.2.C, without limitation.
Sample 1
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Related to FUTURE CAPITAL CALLS

  • Capital Calls Except as set forth in the Constituent Documents and the Side Letters, no Borrower shall make any contractual agreement which shall restrict, limit, penalize or control its ability to make Capital Calls or the timing thereof.

  • Capital Changes Until the one year anniversary of the Closing Date, the Company shall not undertake a reverse or forward stock split or reclassification of the Common Stock without the prior written consent of the Purchasers holding a majority in interest of the Shares.

  • Capital Commitments No Credit Party shall relieve, excuse, delay, postpone, compromise or xxxxx any Investor from the making of any Capital Contribution pursuant to a Capital Call by the applicable Credit Party, provided that the Credit Parties may excuse any Investor from funding a Capital Call with respect to which an Investor Exclusion Event applies.

  • Members Capital Contributions (a) Initial Capital Contribution. The initial Capital Contribution described on Schedule 1 (the “Property”) was made by the previous Member.

  • Capital Contributions Capital Accounts The capital contribution of the Sole Member is set forth on Annex A attached hereto. Except as required by applicable law, the Sole Member shall not at any time be required to make additional contributions of capital to the Company. The capital accounts of the members shall be adjusted for distributions and allocations made in accordance with Section 8.

  • Initial Capital Contribution On March 7, 2007, the Member made a capital contribution of One Hundred Dollars ($100.00) to the Company, and, as consideration therefor, the Member received a percentage interest of One Hundred Percent (100%) in the Company.

  • Initial Capital Contributions (a) The Partners have made, on or prior to the date hereof, Capital Contributions and, in exchange, the Partnership has issued to the Partners the number of Class A Units as specified in the books and records of the Partnership.

  • Additional Capital Contributions No Member shall be required to make additional capital contributions. A Member may make additional capital contributions to the Company.

  • Additional Funds and Capital Contributions .. 22 Section 4.4 Stock Option Plan................................... 23 Section 4.5 No Interest; No Return.............................. 24 Section 4.6 Conversion or Redemption of Preferred Shares........ 24

  • Subsequent Capital Contributions Without creating any rights in favor of any third party, each Member shall contribute to the Company, in cash, on or before the date specified as hereinafter described, that Member's Sharing Ratio of all monies that in the unanimous judgment of the Management Committee are necessary to enable the Company to acquire the Project from the Seller and to cause the assets of the Company to be properly operated and maintained and to discharge its costs, expenses, obligations, and liabilities, including without limitation its Sharing Ratio of the purchase price set forth in the Asset Sale Agreement, and its Sharing Ratio of Working Capital Requirements in order to bring current Company bank accounts to an amount equal to the Working Capital Requirements, as more particularly described in Section 5.01 below. The Management Committee shall notify each other Member of the need for Capital Contributions pursuant to this Section 4.02 when appropriate, which notice must include a statement in reasonable detail of the proposed uses of the Capital Contributions and a date (which date may be no earlier than the fifth Business Day following each Member's receipt of its notice) before which the Capital Contributions must be made. Notices for Capital Contributions must be made to all Members in accordance with their Sharing Ratios.

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