Creation and Issuance. The Company is only authorized to issue the LLC Interests that exist as of the date hereof, and the Company may not hereafter create or issue any limited liability company interest, provided that nothing in this sentence restricts the Disposition of any outstanding LLC Interest by any Member (which matter is governed by Article VIII). The Company’s LLC Interests shall be uncertificated. The LLC Interests shall have the relative rights, powers, duties and obligations specified in this Section 4.2. As of the Closing Date, LLC Interests are owned by the Initial Member and the Private Owner, as set forth in the Annex I (Member Schedule). Other than as set forth in this Agreement, each LLC Interest shall be identical in all respects to each other outstanding LLC Interest.
Creation and Issuance. The Company is only authorized to issue the limited liability company interests that exist as of the date hereof, and the Company may not hereafter create or issue any additional limited liability company interest; provided, that nothing in this sentence restricts the Disposition of any outstanding LLC Interest by any Member (which matter is governed by Article VIII). The Company’s LLC Interests shall be uncertificated. As of the Closing Date, the limited liability company interests in the Company are owned by the Initial Member and the Private Owner, as set forth in the Member Schedule.
Creation and Issuance. 2.1.1 The Board shall be authorized to create and issue an unlimited number of Class B Shares from time to time.
Creation and Issuance. The General Partner may, in its sole discretion and at any time, create one or more classes of Units designated as a “Side Pocket Class” (Units of which class are referred to as “Side Pocket Units”) and allocate and attribute to the Side Pocket Class (i) such private securities or other investments (“Side Pocket Investments”) that the General Partner determines, in its sole discretion, to be illiquid, difficult to value, subject to lock-up or non-redemption provisions, subject to other special circumstances, or which it may be prudent, necessary or desirable to segregate from other assets or investments of the Partnership, and (ii) cash in such amount as the General Partner deems appropriate to facilitate the payment of Management Fees, Performance Fees and expenses out of such Side Pocket Class. Each investor who is a Limited Partner at the time a Side Pocket Investment is acquired by the Partnership, or at the time an existing investment is designated a Side Pocket Investment by the General Partner, shall be issued Side Pocket Units of the newly created Side Pocket Class pro rata to such Limited Partner’s percentage holding of Units (other than Side Pocket Units) at that time. Subsequently admitted Limited Partners will not acquire an interest in any existing Side Pocket Investments or in any existing Side Pocket Class to which such investments are allocated and shall accordingly not participate in the gain, loss or income of the Side Pocket Units constituting any such existing Side Pocket Class. However, such subsequent Limited Partners will acquire interests in any future Side Pocket Classes created after they become investors in the Partnership. Fractional Side Pocket Units may be issued. The Partnership may, at the discretion of the General Partner, issue multiple series of Units within a Side Pocket Class in order to isolate the ownership of different Side Pocket Investments. The designation by the General Partner of a Side Pocket Investment and its allocation to a newly created Side Pocket Class may apply in respect of any type of investment whatsoever. There is no limit on the size of any Side Pocket Class or on the portion of investments of the Partnership which can be allocated to a particular Side Pocket Class or to Side Pocket Classes in aggregate. Valuation Side Pocket Investments will be carried at their fair value as determined by the General Partner (the “Side Pocket Allocation Value”). Each Side Pocket Class shall, for internal accounting...
Creation and Issuance. A class of Membership Interests has been created having the relative rights, powers and duties specified in this Section 3.2 and as expressly set forth elsewhere in this Agreement. The Membership Interests have been issued to CGMSF and Credit Partners and, as of the date hereof, are held by CGMSF and Credit Partners, in consideration of their respective Initial Capital Contributions.
Creation and Issuance. A class of Membership Interests has been created having the relative rights, powers and duties specified in this Section 3.2 and as expressly set forth elsewhere in this Agreement. The Membership Interests have been issued to CSL and Credit Partners and, as of the date hereof, are held by CSL and Credit Partners, in consideration of their respective Initial Capital Contributions.
Creation and Issuance. A class of Membership Interests has been created having the relative rights, powers and duties specified in this Section 3.2 and as expressly set forth elsewhere in this Agreement. The Membership Interests have been issued to TCG BDC and Credit Partners and, as of the date hereof, are held by TCG BDC and Credit Partners, in consideration of their respective Initial Capital Contributions.
Creation and Issuance. The limited liability company interests in the Company shall be divided into and consist of two (2) classes: (a) class A interests (the “Class A Interests”) divided into units (“Class A Units”), and (b) class B interests (the “Class B Interests”) divided into units (“Class B Units”). Each of the Class A Interests and Class B Interests shall have the relative rights, powers and duties specified in this Section 3.2 and as expressly set forth elsewhere in this Agreement. The Class A Interests and Class B Interests have been issued to (and as of the date hereof are held by) the HPS Member and the Capital One Member, in the applicable amounts set forth on Schedule A hereto, in consideration of their respective Capital Contributions referred to in the first sentence of Section 4.1. Each Unit shall have a par value of $1.00. Except as provided in Sections 4.2(a) and (c), no additional Interests or Units may be issued by the Company without the unanimous consent of the Anchor Members.
