Common use of Additional Capital Contributions by Members Clause in Contracts

Additional Capital Contributions by Members. 3.2.1 Except as provided in Paragraphs 3.2.2 and 3.2.3, no Member shall be permitted or required to make any additional Capital Contributions to the Company. 3.2.2 If from time to time the Company requires additional capital or has capital inadequate to pay its liabilities, each as determined by a Majority in Interest, then the Members constituting such Majority in Interest shall deliver a notice to each other Member specifying the aggregate amount of the additional Capital Contribution required, a date not earlier than thirty (30) days from the date of such notice prior to which such additional Capital Contribution shall be made, and any other terms and conditions relating to such additional Capital Contribution. Upon receipt of such notice, each Member, in its discretion, shall thereafter be required to make additional Capital Contributions, on a date not later than the date set forth in the notice, on a pro rata basis in accordance with its respective Percentage Interests pursuant to such terms and conditions as are set forth in the notice. The sole remedy against a Member for failure to make the additional Capital Contribution approved by a Majority in Interest under this Paragraph 3.2.2 shall be the reduction of such Member's Percentage Interest as provided in Paragraph 3.2.3. (a) If any Member fails to make its proportionate share of an additional Capital Contribution approved by a Majority in Interest as required under Paragraph 3.2.2, such (b) In the event that any Member fails to make its proportionate share of an additional Capital Contribution approved by a Majority in Interest as required under Paragraph 3.2.2, and such failure shall continue for a period of thirty (30) days, the Members making such additional Capital Contribution shall at any time thereafter that such Capital Contribution has not been paid have the right to contribute (pro rata in accordance with the Percentage Interests held by those electing to so contribute) the delinquent Member's share of the additional Capital Contribution. In the event of such contribution by one or more Members making such additional Capital Contribution, the Percentage Interest of each such Member making such Additional Capital Contribution shall be increased to that percentage arrived at by dividing the sum of the actual Capital Contributions (including additional Capital Contributions) made by such Member on its own behalf and one hundred fifty percent (150%) of the total Capital Contributions made by such Member on behalf of the Member not making such Additional Capital Contribution, by the total Capital Contribution made by all Members. The Percentage Interest of the Member not making such additional Capital Contribution shall be correspondingly decreased. (c) In the event that a Member's Percentage Interest is diluted pursuant to this Paragraph 3.2.3, the Tax Matters Partner shall prepare a revised Exhibit A reflecting the adjusted Percentage Interests of the Members.

Additional Capital Contributions by Members. 3.2.1 Except as provided in Paragraphs 3.2.2 and 3.2.3, no Member shall be permitted or required to make any additional Capital Contributions to the Company. 3.2.2 If from time to time the Company requires additional capital or has capital inadequate to pay its liabilities, each as determined by a Majority in Interest, then the Members constituting such Majority in Interest shall deliver a notice to each other Member specifying the aggregate amount of the additional Capital Contribution required, a date not earlier than thirty (30) days from the date of such notice prior to which such additional Capital Contribution shall be made, and any other terms and conditions relating to such additional Capital Contribution. Upon receipt of such notice, each Member, in its discretion, shall thereafter be required to make additional Capital Contributions, on a date not later than the date set forth in the notice, on a pro rata basis in accordance with its respective Percentage Interests pursuant to such terms and conditions as are set forth in the notice. The sole remedy against a Member for failure to make the additional Capital Contribution approved by a Majority in Interest under this Paragraph 3.2.2 shall be the reduction of such Member's Percentage Interest as provided in Paragraph 3.2.3. (a) If any Member fails to make its proportionate share of an additional Capital Contribution approved by a Majority in Interest as required under Paragraph 3.2.2, suchsuch Member's Percentage Interest shall be reduced to that percentage arrived at by dividing the actual Capital Contributions made by such Member by the total Capital Contributions made by all Members (including additional Capital Contributions), and there shall be a corresponding increase to the Percentage Interest of the Members making such additional Capital Contributions. (b) In the event that any Member fails to make its proportionate share of an additional Capital Contribution approved by a Majority in Interest as required under Paragraph 3.2.2, and such failure shall continue for a period of thirty (30) days, the Members making such additional Capital Contribution shall at any time thereafter that such Capital Contribution has not been paid have the right to contribute (pro rata in accordance with the Percentage Interests held by those electing to so contribute) the delinquent Member's share of the additional Capital Contribution. In the event of such contribution by one or more Members making such additional Capital Contribution, the Percentage Interest of each such Member making such Additional Capital Contribution shall be increased to that percentage arrived at by dividing the sum of the actual Capital Contributions (including additional Capital Contributions) made by such Member on its own behalf and one hundred fifty percent (150%) of the total Capital Contributions made by such Member on behalf of the Member not making such Additional Capital Contribution, by the total Capital Contribution made by all Members. The Percentage Interest of the Member not making such additional Capital Contribution shall be correspondingly decreased. (c) In the event that a Member's Percentage Interest is diluted pursuant to this Paragraph 3.2.3, the Tax Matters Partner shall prepare a revised Exhibit A reflecting the adjusted Percentage Interests of the Members.