Common use of Return of Capital Clause in Contracts

Return of Capital. Except as expressly provided in the Agreement, no Member shall be entitled to withdraw any part of its Capital Contribution, to receive interest or other earnings on its Capital Contributions, or to receive any distributions from the Company, nor shall any Member have priority over any other Member either as to the return of such Member’s capital or as to profits, losses or distributions.

Appears in 9 contracts

Samples: Limited Liability Company Agreement, Limited Liability Company Agreement (Excelsior Private Markets Fund III (TE), LLC), Limited Liability Company Agreement (Excelsior Private Markets Fund III (TI), LLC)

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Return of Capital. Except as expressly otherwise provided in the this Agreement, no Member shall be entitled to withdraw any part of its Capital Contribution, to receive interest Contributions or any money or other earnings on its property from the Company without the written consent of the other Member. Under circumstances requiring a return of any Capital Contributions, or no Member shall have the right to receive any distributions from property other than cash, unless otherwise specifically agreed in writing by the Company, nor shall any Member have priority over any other Member either as to Members at the return time of such Member’s capital or as to profits, losses or distributionsdistribution.

Appears in 8 contracts

Samples: Operating Agreement (A & B II, Inc.), Operating Agreement (Environtech Inc.), Operating Agreement (Environtech Inc.)

Return of Capital. Except as expressly otherwise agreed by the Members, or as otherwise specifically provided in the Agreementherein, no Member shall be entitled to withdraw demand the return of, or to withdraw, any part of its his Capital Contribution, to receive interest Contribution or other earnings on its any balance in his Capital ContributionsAccount, or to receive any distributions from the Companydistribution, nor shall any Member have priority over any other Member either except as to the return of such Member’s capital or as to profits, losses or distributionsprovided for in this Agreement.

Appears in 6 contracts

Samples: Limited Liability Company Agreement (Generation Income Properties, Inc.), Limited Liability Company Agreement (Generation Income Properties, Inc.), Limited Liability Company Agreement (Generation Income Properties, Inc.)

Return of Capital. Except as expressly provided in the Agreement, no No Member shall be entitled to withdraw any part the withdrawal or return of its Capital Contribution, to receive interest or other earnings on its Capital Contributions, or to receive any distributions from the Company, nor shall any Member have priority over any other Member either as except to the return extent, if any, that distributions made pursuant to this Agreement or upon termination of the Company may be considered as such Member’s capital or as by law and then only to profits, losses or distributionsthe extent provided for in this Agreement.

Appears in 4 contracts

Samples: Limited Liability Company Agreement (Dean Foods Co), Limited Liability Company Agreement (Consolidated Container Co LLC), Limited Liability Company Agreement (Consolidated Container Co LLC)

Return of Capital. Except as expressly provided in the Agreement, no No Member shall be entitled has a right to withdraw any part of its Capital Contribution, to receive interest or other earnings on its Capital Contributions, or to receive any distributions from Contribution except upon liquidation of the Company, nor shall any Member have priority over any other Member either as to the return of such Member’s capital Company or as otherwise provided for in this Agreement. No interest shall accrue or be paid by the Company with respect to profits, losses or distributionsany Capital Contribution.

Appears in 4 contracts

Samples: Company Agreement (Developed Technology Resource Inc), Limited Liability (Developed Technology Resource Inc), Limited Liability Company Agreement (Developed Technology Resource Inc)

Return of Capital. Except as expressly provided in the Agreement, no No Member shall be entitled to withdraw any part the withdrawal or return of its his or her Capital Contribution, except to receive interest the extent of distributions made pursuant to this Agreement or other earnings on its Capital Contributions, or to receive any distributions from upon termination of the Company, nor Company as provided herein. No Member shall any Member have priority over any other Member either as to the return of such Member’s capital Capital Contributions, or as otherwise expressly provided in this Agreement, or as to profits, losses losses, distributions or distributionscredits.

Appears in 4 contracts

Samples: Limited Liability Company Agreement (Brookfield DTLA Fund Office Trust Investor Inc.), Limited Liability Company Agreement (Brookfield DTLA Fund Office Trust Investor Inc.), Limited Liability Company Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)

Return of Capital. Except as expressly otherwise specifically provided in the this Agreement, no Member shall be entitled have the right to withdraw any part of its Capital Contribution, to receive interest or other earnings on its Capital Contributionsdemand the return of, or withdraw, any or all of that Member’s Capital Contribution prior to receive any distributions from the dissolution and winding up of the Company, nor shall any . No Member have priority over any other Member either as to guarantees the return of such another Member’s capital Capital Contribution. No Member is required to contribute or as to profits, losses lend any cash or distributionsproperty to the Company to enable the Company to return any Member’s Capital Contributions.

Appears in 3 contracts

Samples: Operating Agreement, Operating Agreement (KW Victory Land Loan, LLC), Operating Agreement (Kennedy-Wilson Properties (IL))

Return of Capital. Except as expressly provided in the this Agreement, no Member shall be entitled to withdraw any part of its Capital Contribution, to receive interest or other earnings on its Capital Contributions, or to receive any distributions from the Company, nor shall any Member have priority over any other Member either as to the return of such Member’s capital or as to profits, losses or distributions.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (NB Crossroads Private Markets Fund IV (TI) - Client LLC), Limited Liability Company Agreement (NB Crossroads Private Markets Fund IV Holdings LLC), Limited Liability Company Agreement (NB Crossroads Private Markets Fund IV (TE) - Client LLC)

Return of Capital. Except as expressly otherwise agreed by the Members, or as otherwise specifically provided in the Agreementherein, no Member shall be entitled to withdraw demand the return of, or to withdraw, any part of its his Capital Contribution, to receive interest Contribution or other earnings on its any balance in his Capital ContributionsAccount, or to receive any distributions from distribution, except as provided for in this Agreement. Neither the Company, Managing Member nor shall any Member have priority over shall be liable for the return of the Capital Contributions of any other Member either as and no Member shall have any obligation to restore the amount of any deficit in its Capital Account to the return of such Member’s capital or as to profits, losses or distributionsCompany.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Lexington Master Limited Partnership), Limited Liability Company Agreement (Winthrop Realty Trust)

Return of Capital. Except as expressly provided in the Agreement, no No Member shall will be entitled to withdraw any part the withdrawal or return of its Capital Contribution, to receive interest or other earnings on its Capital Contributions, or to receive any distributions from the Company, nor shall any Member have priority over any other Member either as except to the return extent, if any, that distributions made pursuant to this Agreement or upon termination of the Company may be considered as such Member’s capital or as by law and then only to profits, losses or distributionsthe extent provided for in this Agreement.

Appears in 2 contracts

Samples: Operating Agreement (Perot Systems Corp), Operating Agreement (Perot Systems Corp)

Return of Capital. Except as expressly otherwise specifically provided in the this Agreement, no Member shall be entitled have the right to withdraw any part of its Capital Contribution, to receive interest or other earnings on its Capital Contributions, or to receive any distributions from the Company, nor shall any Member have priority over any other Member either as to demand the return of such or withdraw, any or all of that Member’s capital Capital Contribution prior to the dissolution and winding up of the Company. No Member guarantees the return of another Member’s Capital Contribution. No Member is required to contribute or as lend any cash or property to profits, losses or distributionsthe Company to enable the Company to return any Member’s Capital Contribution.

Appears in 1 contract

Samples: Operating Agreement (Kennedy-Wilson Properties (IL))

Return of Capital. Except as expressly provided in the Agreement, no No Member shall be entitled have the right to withdraw any part of its Capital Contribution, to demand or receive interest or other earnings on its Capital Contributions, or to receive any distributions from the Company, nor shall any Member have priority over any other Member either as to the return of such Member’s capital Capital Contributions to the Company, even in the event of withdrawal of any Member, whether or not such withdrawal is permitted hereunder or in breach hereof, except as to profits, losses may be contemplated or distributionspermitted by this Agreement or the Equityholders Agreement.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Cascades Inc)

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Return of Capital. Except as expressly otherwise provided in the this Agreement, no Member shall be entitled have the right to withdraw any part of its or reduce such Member’s Capital Contribution, to receive interest or other earnings on its Capital Contributions, Contribution or to receive any distributions from distributions, except as a result of dissolution. No Member shall have the Company, nor shall any Member have priority over any right to demand or receive property other Member either as to the than cash in return of for such Member’s capital or as to profits, losses or distributionsCapital Contributions.

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement (Bonn Edward J)

Return of Capital. Except as expressly provided in the Agreement, no No Member shall be entitled to withdraw any part the withdrawal or return of its Capital Contribution, except to receive interest the extent of distributions made pursuant to this Agreement or other earnings on its Capital Contributions, or to receive any distributions from upon termination of the Company, nor Company as provided herein. No Member shall any Member have priority over any other Member either as to the return of such Member’s capital or Capital Contributions or, except to the extent otherwise expressly provided in this Agreement, as to profits, losses or distributions.

Appears in 1 contract

Samples: Operating Agreement (Eloyalty Corp)

Return of Capital. Except as expressly provided in the Agreement, no No Member shall be entitled to withdraw any part the withdrawal or return of its Capital Contribution, except to receive interest the extent of distributions made pursuant to this Agreement or other earnings on its Capital Contributionsupon termination of the Company as provided herein. Except as otherwise expressly provided in this Agreement, no Member or to receive any distributions from the Company, nor Assignee shall any Member have priority over any other Member or Assignee either as to the return of such Member’s capital Capital Contributions or as to profits, losses losses, distributions or distributionscredits.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Inland Real Estate Corp)

Return of Capital. Except as expressly otherwise provided in the this Agreement, no Member shall be entitled to withdraw or receive any interest or other return on, or return of, all or any part of any of its Capital Contributions or Capital Account. Furthermore, in no circumstances is any Member entitled to receive any Company Assets (other than cash, if any) in return for its Capital Contribution, to receive interest or other earnings on its Capital Contributions, or to receive any distributions from the Company, nor shall any Member have priority over any other Member either as to the return of such Member’s capital or as to profits, losses or distributions.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Magnum Hunter Resources Corp)

Return of Capital. Except as expressly provided in the Agreement, no No Member shall be entitled have the right to withdraw any part of its Capital Contribution, to receive interest Contributions or other earnings on its Capital Contributions, or to receive any distributions from the Company, nor except in accordance with the provisions of this Agreement. No interest shall be paid on any Member’s Capital Contributions. No Member shall have any priority over any other Member either as with respect to the return of such Member’s capital their Capital Contributions or other amounts that any Member is entitled to receive from the Company, other than as to profits, losses or distributionsprovided in this Agreement.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Trump Entertainment Resorts Holdings Lp)

Return of Capital. Except as expressly specifically ----------------- provided in the this Agreement, no Member the Members shall be entitled not have the right to withdraw from the Company all or any part of its Capital Contribution, to receive interest or other earnings on its their Capital Contributions, or to receive any distributions from the Company, nor shall any Member have priority over any other Member either as right to demand and receive property or cash of the Company in return of such Member’s capital or as to profits, losses or distributionsits Capital Contribution.

Appears in 1 contract

Samples: Grand Court Lifestyles Inc

Return of Capital. No Member shall have the right to demand the return of any Capital Contribution. Except as expressly otherwise provided in the this Agreement, no Member shall be entitled to withdraw any part of its Capital Contribution, to receive interest or other earnings on its Capital Contributions, or to receive any distributions from the Company, nor shall any Member have priority over any other Member either as to the return of such Member’s capital Capital Contributions or as to profitsany cash or other distributions by the Company. Except as otherwise provided in this Agreement, losses no Member shall have the right to (i) receive property other than cash as a return of Capital Contributions or as any other distributions, (ii) withdraw any part of the Member's Capital Contributions or (iii) receive any funds or property of the Company.

Appears in 1 contract

Samples: Operating Agreement (Ada-Es Inc)

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