TIMING OF SUBSEQUENT CONTRIBUTIONS Clause Samples

TIMING OF SUBSEQUENT CONTRIBUTIONS. The Capital Contributions required to be made by the Members pursuant to Section 4.2 shall be made in accordance with the following terms and provisions: (a) Capital Contributions to be Made on Closing Date. On or before the first Day following the date on which the Limitada has been legally and validly formed under Peruvian Law, Maple shall, and shall cause Maple Peru to, execute and deliver the Maple Assignment Agreement to the Company's designee, together with such other endorsements, assignments and title documents as may be required by the Cash Members in order to effect such contribution. Subject to the satisfaction of the conditions set forth in Section 4.4, on the later to occur of (i) December 22, 1995, and (ii) the fifth Business Day following the date on which all of the conditions to Closing set forth in Section 4.4 have been satisfied to the reasonable satisfaction of the Management Committee as specified in Section 4.4, the Cash Members shall contribute cash to the Company in an amount equal to their respective Closing Date Capital Contributions (the occurrence of such event being herein referred to as "Closing"). The "Closing Date Capital Contributions" of the Cash Members shall be based on the amount of capital costs projected to be incurred during the first thirty Days immediately following Closing as provided in the then applicable Capital Budget less the proceeds of the TCW Financing available on the Closing Date, which amounts shall be calculated by the Management Committee and specified in a written notice delivered by the Management Committee to each Cash Member at least ten Days prior to the Closing Date. The Closing shall be held at such location as may be determined by the Management Committee. The date on which Closing occurs is herein referred to as the "Closing Date." The Members agree to cause the Company to contribute such portion of the proceeds of the Closing Date Capital Contributions to the Limitada as may be necessary to cause the Limitada to pay $5,000,000 to Maple as partial consideration for the Maple Assignment. In addition, the Members agree to cause the Company to apply such portion of the proceeds of the Closing Date Capital Contributions (by direct payment or through the Limitada) as may be necessary to pay The Chase Manhattan Bank N.A. the $5,000,000 financial services fee contemplated by the Capital Budget.