Capital Structure and Contributions Sample Clauses

The "Capital Structure and Contributions" clause defines how a company's ownership is divided and the manner in which owners or shareholders provide financial resources to the business. It typically outlines the types and amounts of equity or debt each party contributes, such as cash investments, property, or services, and may specify the timing and conditions for these contributions. This clause ensures transparency regarding ownership stakes and financial obligations, helping to prevent disputes by clearly allocating rights and responsibilities among the parties involved.
Capital Structure and Contributions. (a) The capital structure of the Company shall consist of one class of common units (the “Common Units”). All Common Units shall be identical with each other in every respect. The Member shall own all of the Common Units issued and outstanding, as set forth on Schedule A attached hereto. The Board may in its discretion issue certificates to the Member representing the Common Units held by such Member. The Member hereby agrees that the Common Units shall be securities governed by the Uniform Commercial Code of the applicable jurisdiction. (b) The Member shall have the right, at any time and from time to time, to make any optional contributions to the capital of the Company in the form of cash, property, promissory note or services, or any combination thereof. (c) The Company shall be permitted to incur indebtedness for borrowed money, from the Member or otherwise, with the Member’s consent and approval.
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Capital Structure and Contributions. (a) The capital structure of the Company shall consist of membership interests (the “Membership Interests”). All Membership Interests shall be identical with each other in every respect. The Member shall own one hundred percent (100%) of the Membership Interests issued and outstanding, as set forth on Schedule A attached hereto. The Company may in its discretion issue certificates to the Member representing the Membership Interests held by such Member. The Member hereby agrees that the Membership Interests shall be securities governed by the Uniform Commercial Code of the applicable jurisdiction. (b) The Member shall have the right, at any time and from time to time, to make any optional contributions to the capital of the Company in the form of cash, property, promissory note or services, or any combination thereof. (c) The Company shall be permitted to incur indebtedness for borrowed money, from the Member or otherwise, with the Member’s consent and approval.
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Capital Structure and Contributions. Section 5.1
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Capital Structure and Contributions. (a) The capital structure of the Company shall consist of one class of common units (the "Common Units"). All Common Units shall be identical with each other in every respect. The Common Units are the Member’s share of the Company’s profits, losses and distributions pursuant to this Agreement and the Act, and the Member’s right to participate in the management or affairs of the Company, including the right to vote on, consent to or otherwise participate in any decision of the Members. The Member shall own all of the Common Units issued and outstanding, as set forth on Schedule A attached hereto. The Board may in its discretion issue certificates to the Member representing the Common Units held by such Member. The Member hereby agrees that the Common Units shall be securities governed by Article 8 of the Uniform Commercial Code of the State of Wisconsin (and Uniform Commercial Code of any other applicable jurisdiction.) (b) The Member shall have the right, at any time and from time to time, to make any optional contributions to the capital of the Company in the form of cash, property, promissory note or services, or any combination thereof. (c) The Company shall be permitted to incur indebtedness for borrowed money, from the Member or otherwise.
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Capital Structure and Contributions. Capital Structure 6 6.2. Capital Contributions 6 6.3. Capital Accounts 6 i ARTICLE 7 PROFITS, LOSSES, AND DISTRIBUTIONS 7.1. Profits and Losses 7 7.2. Distributions 7
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Capital Structure and Contributions. Section 3.1
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Capital Structure and Contributions 
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Related to Capital Structure and Contributions

  • Capital Structure (a) The authorized capital stock of the Company consists entirely of (i) 100,000,000 shares of Company Common Stock and (ii) 25,000,000 shares of Preferred Stock, par value $0.01 per share, of the Company (“Company Preferred Stock”). At the close of business on April 14, 2005 (i) 24,766,479 shares of Company Common Stock were issued and outstanding; (ii) 2,784,635 shares of Company Common Stock were held by the Company in its treasury; (iii) 1,285,332 shares of Company Common Stock were subject to issued and outstanding Company Stock Options granted under the Company Stock Option Plans; (iv) no more than 5,000 shares of Company Common Stock were subject to issued and outstanding options or other rights to acquire Company Common Stock under the ESPP; and (v) no shares of Company Preferred Stock were issued and outstanding. All outstanding shares of capital stock of the Company are, and all shares that may be issued will be, when issued, duly authorized, validly issued, fully paid and nonassessable and not subject to or issued in violation of preemptive rights. (b) Set forth on Schedule 3.3(b) of the Company Disclosure Letter is (i) the authorized capital stock or other equity interests of each of the Subsidiaries and the issued and outstanding shares or other equity interests of each of the Subsidiaries of the Company (including shares of restricted stock); (ii) shares of stock or other equity interests held by the relevant Subsidiary in its treasury; (iii) shares or other equity interests of the relevant Subsidiary that were subject to issued and outstanding options granted under relevant stock option plans; and (iv) shares of preferred stock of each Subsidiary of the Company. All outstanding shares or other equity interests of capital stock of each of the Subsidiaries are, and all shares or other equity interests that may be issued will be, when issued, duly authorized, validly issued, fully paid and nonassessable and not subject to or issued in violation of preemptive rights. (c) Except as set forth in Section 3.3(a) and (b), as of April 14, 2005, (1) there are not issued, reserved for issuance or outstanding (i) any shares of capital stock or other voting securities of the Company or any of its Subsidiaries, (ii) any securities convertible into or exchangeable or exercisable for shares of capital stock or voting securities of the Company or any of its Subsidiaries, or (iii) any warrants, calls, options or other rights to acquire from the Company or any of its Subsidiaries any capital stock, voting securities or securities convertible into or exchangeable or exercisable for capital stock or voting securities of the Company or any of its Subsidiaries and (2) there are no outstanding obligations of the Company or any of its Subsidiaries to (i) issue, deliver or sell, or cause to be issued, delivered or sold, any capital stock, voting securities or securities convertible into or exchangeable or exercisable for capital stock or voting securities of the Company or any of its Subsidiaries or (ii) repurchase, redeem or otherwise acquire any such securities.