Capital Return Sample Clauses

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Capital Return. Any Member who has received the return of all or any -------------- part of such Person's Capital Contribution will have no liability to return such Distribution to the Company after the expiration of three years from the date of such Distribution unless Notice of an obligation to return is given to such Person within such three-year period; provided that if such return of capital has occurred without violation of the Act, the Certificate or this Agreement, the three-year obligation to return capital will apply only to the extent necessary to discharge the Company's liability to its creditors who reasonably relied on such obligation in extending credit prior to such return of capital.
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Capital Return. If any Member receives a Distribution that was wrongfully or erroneously made by the Company, the Member will have no liability under the Act or other applicable law for the amount of the Distribution after the expiration of three years from the date of the Distribution, unless an action to recover the Distribution from the Member is commenced within the period provided for in the Act and an adjudication of liability against the Member is made in such action. The amount of any Distribution returned to the Company by a Member or paid by a Member for the account of the Company or to a creditor of the Company will be added to the account or accounts from which it was subtracted when it was distributed to the Member.
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Capital Return. Any Member who has received the return of all or any part of such Member’s Capital Contribution will have no liability to return such Distribution to the Company after the expiration of the applicable period of time specified by the Act or other applicable law unless Notice of an obligation to return is given to such Person within such time period; provided that if such return of capital has occurred without violation of the Act, the Articles or this Agreement, such obligation to return capital will apply only to the extent necessary to discharge the Company’s liability to its creditors who reasonably relied on such obligation in extending credit prior to such return of capital.
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Capital Return. Any Member who has received a Distribution in violation of the Act or this Agreement is liable to the Company for the amount of the Distribution only to the extent and for the period required by the Act.
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Capital Return. Any Partner who has received the return of all or any part of such Partner’s Capital Contribution will have no liability to return such Distribution to the Partnership after the expiration of three years from the date of such Distribution unless Notice of an obligation to return is given to such Person within such three-year period; provided that if such return of capital has occurred without violation of the Act, the Certificate or this Agreement, the three-year obligation to return capital will apply only to the extent necessary to discharge the Partnership’s liability to its creditors who reasonably relied on such obligation in extending credit prior to such return of capital.
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Capital Return. Any Member who has received the return of all or any part of a Capital Contribution in violation of the Act or this Agreement is liable to the Company for a 18 period of six years from the date of such Distribution for the amount of the Capital Contribution wrongfully returned.
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Capital Return. Any Member who has received the return of all or any part of such Member's capital contribution pursuant to any distribution that has been wrongfully or erroneously made to such Person in violation of the Act, the Certificate of Formation or this Agreement will be required to return such distribution to the Company if notice of an obligation to return such amount is given to such Member (or former Member) within three years of the date of such return or distribution.
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Capital Return. In addition to the Current Return, the Company may pay the Purchaser a further return (the "Capital Return") at the Trigger Points as set forth in this Article 4. The Current Return and the Capital Return are together referred to in this Agreement as the "Return".
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Related to Capital Return

  • Interest on and Return of Capital Contributions No Member shall be entitled to interest on its Capital Contribution or to return of its Capital Contribution, except as otherwise specifically provided for herein.

  • Return of Capital Contributions No Partner shall be entitled to withdraw any part of its Capital Contribution or its Capital Account or to receive any distribution from the Partnership, except as specifically provided in this Agreement. Except as otherwise provided herein, there shall be no obligation to return to any Partner or withdrawn Partner any part of such Partner’s Capital Contribution for so long as the Partnership continues in existence.

  • Return of Capital Contribution From time to time the Partnership may have cash in excess of the amount required for the conduct of the affairs of the Partnership, and the General Partner may, with the Consent of the Special Limited Partner, determine that such cash should, in whole or in part, be returned to the Partners, pro rata, in reduction of their Capital Contribution. No such return shall be made unless all liabilities of the Partnership (except those to Partners on account of amounts credited to them pursuant to this Agreement) have been paid or there remain assets of the Partnership sufficient, in the sole discretion of the General Partner, to pay such liabilities.

  • Member Capital Contributions (Check One)

  • Cost of Capital Rate The Cost of Capital Rate shall equal the proposed Weighted Costs of Capital plus Federal Income Taxes and State Income Taxes. (a) The Weighted Costs of Capital will be calculated for the Transmission Investment Base using Connecting Transmission Owner’s actual capital structure and will equal the sum of (i), (ii), and (iii) below: (i) the long-term debt component, which equals the product of the actual weighted average embedded cost to maturity of Connecting Transmission Owner’s long-term debt then outstanding and the actual long-term debt capitalization ratio. (ii) the preferred stock component, which equals the product of the actual weighted average embedded cost to maturity of Connecting Transmission Owner’s preferred stock then outstanding and the actual preferred stock capitalization ratio; (iii) the return on equity component, shall be the product of the allowed ▇▇▇ of 10.30% or such value as most recently approved by the Commission plus a 50 basis point adder (per FERC Order 697 and 697-A, if authorized by the Commission for the Connecting Transmission Owner) and Connecting Transmission Owner’s actual common equity capitalization ratio. (b) Federal Income Tax shall equal where A is the sum of the preferred stock component and the return on equity component, each as determined in Sections 2.(a)(ii) and for the ▇▇▇ set forth in 2.(a)(iii) above (c) State Income Tax shall equal Where A is the sum of the preferred stock component and the return on equity component as determined in A.2.(a)(ii) and A.2.(a)(iii) above and Federal income Tax is determined in 2.(b) above.