Additional Capital Requirements Clause Samples
The Additional Capital Requirements clause sets out the obligations of a party, typically a borrower or tenant, to provide extra funds or capital if certain financial thresholds or regulatory requirements are triggered. In practice, this clause may require the party to inject more equity into a project, maintain higher reserve balances, or meet new capital adequacy standards imposed by law or a lender. Its core function is to ensure that the financial stability of the arrangement is maintained, protecting the interests of lenders or landlords by reducing the risk of default or insolvency due to insufficient capital.
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Additional Capital Requirements. It shall be the general policy of the Partnership that all monies necessary to carry on the activities of the Partnership shall be obtained first through funds derived from the operation of the Partnership. To the extent funds derived from the Partnership are not sufficient, it is the intent of the Partners that the Partners will contribute an additional Forty-Five Million Dollars ($45,000,000) to the Partnership in excess of the University Contribution, the UHS Contribution and the Initial Capital Loan for Hospital operations over a ten (10) year period following the Transfer Date. Additional capital including such Forty-five Million Dollars ($45,000,000) will, at the election of the General Partner, be, in whole or in part, in the form of additional Capital Contributions or capital loans as described in Section 3.4 hereof or loans from non-Partners. No Partner shall be required to provide additional capital to the Partnership for the Capital Plan until the Project Fund is fully depleted.
Additional Capital Requirements. Except as provided in Sections 6, 7 and 8 of this Article, if GENENTECH or ROCHE determines that additional dedicated manufacturing equipment, expansion or adaption of the then existing manufacturing facilities or manufacturing equipment, or construction of an additional manufacturing facility is needed to manufacture a Product to meet Clinical Requirements or Commercial Requirements for the other Party as provided herein, the manufacturing Party shall be solely responsible for the capital costs associated with such project.
Additional Capital Requirements. If the Manager determines additional capital is required by the Company, the Manager may secure capital in any of the following ways:
Additional Capital Requirements. In the event that the Corporation shall require additional funds for its operations and activities that the parties decide shall not be covered by the subscribed and paid-up capital, such additional funds shall be secured by the Corporation by such means (including procuring loans from independent sources and/or issuing bonds, debentures or other debt securities) as the Shareholders may mutually agree in writing.
Additional Capital Requirements. The FCE Entity may contribute to the Company all such amounts in excess of its Initial Capital Contribution as may be required to complete the construction, marketing, sale or rental or operations, as applicable, of the Project in accordance with the Project Budget or the Company’s operating budget in such amounts as may be determined by the FCE Entity (collectively, the “Additional Capital Contributions”). The FCE Entity shall not be obligated to make any Additional Capital Contributions. No Member shall be permitted or required to make any Additional Capital Contributions except as provided in this Section 3.3. The FCE Entity will be entitled to a preference from cash distributions of a Priority Return and a return of capital with respect to each Additional Capital Contribution.
Additional Capital Requirements. The Parties agree that the following general principles will apply to additional Phase 2 capital requirements at the ADM Plant and/or the Triglyceride Oil Facility:
(a) The Parties have determined that certain modifications are required in the * parts of the existing facilities to enable Phase 2 operations to be successful. ADM will pay for the modifications listed as “ADM Expense” in Schedule 3.4, up to a maximum of * (including contingency). Such assets will be considered ADM Assets as defined in this Agreement. Solazyme will pay for the modifications listed as “Solazyme Expense” (including contingency), which shall be deemed Solazyme Downstream Assets, and, subject to mutual agreement, for further minor capital modifications, which shall be deemed ADM Assets, that may be necessary to successfully commission and support the Triglyceride Oil Facility to meet Solazyme’s Phase 2 operating plan.
(b) In general, if the Parties determine to install or modify any * equipment or any associated equipment or assets related to the * or install or modify any logistics infrastructure to help enable Solazyme to transfer * manufactured at the Triglyceride Oil Facility to a Third Party site for *, Solazyme will pay for the costs of (and own) such equipment and/or modification. Such assets will be considered Solazyme Downstream Assets as defined in this Agreement.
Additional Capital Requirements. A. If from time to time during the term of the Partnership the General Partners reasonably determine that additional funds are required to meet obligations of the Partnership -- including, without imitation, obligations in connection with the redemption of the Vazza Interests and/or the construction/renovation, development, operation, leasing and/or management of the Premises - or to protect and preserve Partnership assets and if the Partnership has been unable to obtain such funds through Partnership borrowings, then from time to time as so determined and upon notice from the General Partners to all the Partners, the Partners shall make additional Capital Contributions to the Partnership of such additional funds as may be so required in cash and in proportion to their respective Partnership Interests. Notwithstanding the above provisions of this Subsection A, the Partners are under no obligation to make additional Capital Contributions to the Partnership in excess of two hundred thousand dollars ($200,000) in the aggregate. If, from time to time, the aggregate capital requirements of the Partnership are in excess of this limitation, the General Partners shall give notice to all Partners of such excess capital requirements. Such excess capital requirements shall be funded by Capital Contributions in accordance herewith only upon the Consent of all Partners; and the Consent of any Partner may be withheld in such Partner's absolute discretion. If any one or more of the Partners fail to so Consent within fifteen (15) days after such notice, then the General Partners shall give notice of this fact to the Partners; and within fifteen (15) days after such notice is given, any one or more of the Partners may elect to loan the amount of such excess capital requirements to the Partnership at the Base Rate plus 2%. If more than one Partner elects to make such a loan, then the rights and obligations of such Partners under this Subsection A shall be allocated between or among them in proportion to their respective Partnership Interests. The respective amounts of additional Capital Contributions shall be credited to the Partners' respective Capital Accounts upon payment thereof.
B. In the event that any Partner (the "Defaulting Partner") fails to pay to the Partnership his respective portion of the funds so required hereby to be paid as an additional Capital Contribution within thirty (30)days after receipt of notice therefor from the General Partners, then the Default...
Additional Capital Requirements. The Company may authorize additional Capital Contributions at such times and on such terms and conditions as it determines to be in its best interest.
Additional Capital Requirements. Receive after the date of the First Amendment, aggregate cash proceeds from the issuance of equity securities of Borrower, or from any other capital transactions as approved by Bank in writing, (in either case, net of the financing costs paid to third parties in connection with such issuance or transaction) of (a) not less than the First Minimum Equity Amount on or before November 15, 2013, and (b) not less than the Second Minimum Equity Amount on or before April 15, 2014. Such proceeds shall be held in Collateral Accounts of Borrower maintained with Bank or Bank’s Affiliates until used in the ordinary course of Borrower’s business.
Additional Capital Requirements. The following is hereby added to the Loan Agreement as a new Section 6.14: