New Mexico Clauses Relating to Capital Calls

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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

A capital call line is a revolving line of credit that a lender provides to a private equity group (PEG). The line of credit is collateralized with a pledge of the right to call and receive capital contributions from the fund's investors.

A capital call line is a revolving line of credit that a lender provides to a private equity group (PEG). The line of credit is collateralized with a pledge of the right to call and receive capital contributions from the fund's investors.

A capital call line of credit is a facility provided by a financial institution (i.e., Silicon Valley Bank) in exchange for interest. General partners (GPs) draw funds from these facilities on a regular (often quarterly) cadence instead of calling capital directly from limited partners (LPs).

What happens if an investor fails to meet a capital call? The consequences for defaulting on a capital call are explained in the Investor Agreement associated with each fund and can include loss of equity and rights in the fund, interest charges, sale of the investor's stake to third parties.

Capital calls are generally issued when an investment deal is about to close. The fund manager needs to adhere to the agreement that states the number of days' notice needed to make a capital call. For most funds, the notice period is 10 days.

A capital call is a legally binding agreement, and firms do have recourse if an investor doesn't pay. The firm can: Dilute the investor's partnership interest or equity. Turn the committed capital into a loan so that the investor has to pay interest on top of the original amount.

What Are the Dangers of Capital Calls? Capital calls are not without their risks, however. Because you don't actually have access to the funds until they arrive in your bank account, you may be unable to obtain all of the funds that you were initially promised from investors, which can lead to a default.

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New Mexico Clauses Relating to Capital Calls