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2017-11-01_REVISION - M2011017
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2017-11-01_REVISION - M2011017
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Last modified
6/16/2021 2:12:47 PM
Creation date
11/7/2017 10:30:45 AM
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Template:
DRMS Permit Index
Permit No
M2011017
IBM Index Class Name
REVISION
Doc Date
11/1/2017
Doc Name
Application
From
Breeze Basin Resources, Inc.
To
DRMS
Type & Sequence
SO1
Email Name
ACY
GRM
BJC
Media Type
D
Archive
No
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r <br /> 3.2.Additional Capital Contributions. <br /> 3.2.1. If the General Manager at any time or from time to time determines that the <br /> Company requires additional Capital Contributions, then the General Manager shall give notice <br /> to each Interest Holder of (i) the total amount of additional Capital Contributions required, (ii) <br /> the reason the additional Capital Contribution is required, (iii) each Interest Holder's <br /> proportionate share of the total additional Capital Contribution (determined in accordance with <br /> this Section), and (iv) the date each Interest Holder's additional Capital Contribution is due and <br /> payable, which date shall be thirty (30) days after the notice has been given. The total additional <br /> Capital Contribution which the General Manager may require the Interest Holders to contribute <br /> during the term of this Agreement shall not exceed $5,000.00 in the aggregate. An Interest <br /> Holder's proportionate share of the total additional Capital Contribution shall be equal to the <br /> product obtained by multiplying the Interest Holder's Percentage and the total additional Capital <br /> Contribution required. An Interest Holder's proportionate share shall be payable in cash or by <br /> certified check. <br /> 3.2.2. Except as provided in Section 3.2.1, no Interest Holder shall be required to <br /> contribute any additional capital to the Company, and no Member shall have any personal <br /> liability for any obligations of the Company. <br /> 3.2.3. If an Interest Holder fails to pay when due all or any portion of any Capital <br /> Contribution, the General Manager shall request the nondefaulting Interest Holders to pay the <br /> unpaid amount of the defaulting Interest Holder's Capital Contribution (the "Unpaid <br /> Contribution"). To the extent the Unpaid Contribution is contributed by any other Interest <br /> Holder, the defaulting Interest Holder's Percentage shall be reduced and the Percentage of each <br /> Interest Holder who makes up the Unpaid Contribution shall be increased, so that each Interest <br /> Holder's Percentage is equal to a fraction, the numerator of which is that Interest Holder's total <br /> Capital Contribution and the denominator of which is the total Capital Contributions of all <br /> Interest Holders. The General Manager shall amend Exhibit A accordingly. This remedy is in <br /> addition to any other remedies allowed by law or by this Agreement. <br /> 3.3. No Interest on Capital Contributions. Interest Holders shall not be paid interest on <br /> their Capital Contributions. <br /> 3.4. Return of Capital Contributions. Except as otherwise provided in this Agreement, no <br /> Interest Holder shall have the right to receive the return of any Capital Contribution. <br /> 3.5. Form of Return of Capital. If an Interest Holder is entitled to receive a return of a <br /> Capital Contribution, the Interest Holder shall not have the right to receive anything other than <br /> cash in return of the Interest Holder's Capital Contribution. <br /> 3.6. Capital Accounts. A separate Capital Account shall be maintained for each Interest <br /> Holder. <br /> 7 /9 <br />
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