Hillsborough Florida Clauses Relating to Capital Calls

Name: Hillsborough Florida Clauses Relating to Capital Calls
Brand: US Legal Forms
Rating: 4.62 (318 reviews)

Category:

Partnerships - Drafting Joint Venture Agreements

State:

Multi-State

County:

Hillsborough

Control #:

US-P0607-2BAM

Format:

Instant download

Description

This sample form, containing Clauses Relating to Capital Calls document, is usable for corporate/business matters. The language is easily adaptable to fit your circumstances. You must confirm compliance with applicable law in your state. Available in Word format.

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FAQ

Deferred Capital Call means a resolution approved by the board of directors of the Borrower which allows the Borrower to require equity contributions to be made in an aggregate amount equal to $6,000,000, with the Borrower having discretion over the timing of the actual cash call.

Examples that will trigger a capital call include renovations that exceed budget, unanticipated repairs or capital projects, and/or a recessionary environment that stymies demand and leads to insufficient revenue to cover property expenses.

Consequences of default The LPA will typically provide for some time period for the defaulting LP to cure its default and the GP will usually have the power to assess penalty interest on late payment. Most default scenarios would usually end here.

Private equity firms typically issue capital calls when an investment deal has been reached and is nearing close. Investors have a predetermined amount of time, which is usually between a week and 10 days, to provide the funds. Once investors provide the funds they are repaid later on with capital contributions.

An LP who can't meet a capital call is considered in default and is potentially subject to penalties and legal liability. Generally, the fund manager determines which penalties outlined in the LPA, if any, to apply in any particular situation.

A capital call (also known as a draw down or a capital commitment) is a legal right of an investment firm or an insurance firm to demand a portion of the money promised to it by an investor.

The capital calls are negative and red to reflect they are cash outflows for LPs, and the distributions are positive and green to indicate they are cash inflows to the LPs. The black line shows the net cash flows for the Fund.

A capital call is the process by which a fund manager asks the fund investors to contribute their pro rata portion of their fund commitments. Capital calls are legally enforceable and typically follow the rules set out in the fund's limited partnership agreement.

Other than pursuant to the Loan Documents, no Borrower shall make any contractual or other agreement with any Person that shall restrict, limit, penalize or control its ability to make Capital Calls or the timing thereof.

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Hillsborough Florida Clauses Relating to Capital Calls

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What is a deferred capital call?

What triggers a capital call?

What happens if an LP defaults on a capital call?

How long does a capital call take?

What happens when you can't meet a capital call?

What is subject to a capital call?

What is a negative capital call?

What is meant by capital call?

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