Effect of Incapacity. Except as otherwise provided herein, the Incapacity of a Member shall not dissolve or terminate the Company. In the event of such Incapacity, the executor, administrator, guardian, trustee or other personal representative of the Incapacitated Member shall be deemed to be the assignee of such Member’s Units or other interests in the Company and may, subject to Section 7.1, become a substituted Member upon the terms and conditions set forth in Section 7.3.
Appears in 128 contracts
Samples: Limited Liability Company Agreement (Alta Wind 1-5 Holding Company, LLC), Limited Liability Company Agreement (Ub Fuel Cell, LLC), Limited Liability Company Agreement (Allied Home Warranty Gp LLC)
Effect of Incapacity. Except as otherwise provided herein, the Incapacity of a Member shall not dissolve or terminate the Company. In the event of such Incapacity, the executor, administrator, guardian, trustee or other personal representative of the Incapacitated Member shall be deemed to be the assignee of such Member’s 's Units or other interests in the Company and may, subject to Section 7.1the approval of the Manager, become a substituted Member upon the terms and conditions set forth in Section 7.310.5.
Appears in 6 contracts
Samples: Operating Agreement (Boise Building Solutions Manufacturing Holdings Corp.), Operating Agreement (Boise Building Solutions Manufacturing Holdings Corp.), Operating Agreement (Boise Building Solutions Manufacturing Holdings Corp.)
Effect of Incapacity. Except as otherwise provided herein, the Incapacity of a Member shall not dissolve or terminate the Company. In the event of such Incapacity, the executor, administrator, guardian, trustee or other personal representative of the Incapacitated Member shall be deemed to be the assignee of such Member’s Units or other interests in the Company and may, subject to Section 7.1the approval of the Board, become a substituted Member upon the terms and conditions set forth in Section 7.310.5.
Appears in 6 contracts
Samples: Operating Agreement (Boise Cascade Holdings, L.L.C.), Operating Agreement (Officemax Inc), Operating Agreement (Officemax Inc)
Effect of Incapacity. Except as otherwise provided herein, the Incapacity of a Member shall not dissolve or terminate the Company. In the event of such Incapacity, the executor, administrator, guardian, trustee or other personal representative of the Incapacitated Member shall be deemed to be the assignee of such Member’s Units or other interests in the Company and may, subject to Section 7.1the approval of the Manager, become a substituted Member upon the terms and conditions set forth in Section 7.310.5.
Appears in 5 contracts
Samples: Limited Liability Company Agreement (Boise White Paper Sales Corp.), Operating Agreement (Boise White Paper Sales Corp.), Operating Agreement (Boise White Paper Sales Corp.)
Effect of Incapacity. Except as otherwise provided herein, the Incapacity of a Member shall not dissolve or terminate the Company. In the event of such Incapacity, the executor, administrator, guardian, trustee or other personal representative of the Incapacitated Member that has experienced such Incapacity shall be deemed to be the assignee of such Member’s Units or other interests in the Company Economic Interest and may, subject to Section 7.1, become a substituted Member upon the terms and conditions set forth in Section 7.3this Article IX, become a Substitute Member.
Appears in 5 contracts
Samples: Limited Liability Company Agreement (Sanchez Energy Corp), Securities Purchase Agreement (Sanchez Energy Corp), Limited Liability Company Agreement (Harbinger Group Inc.)
Effect of Incapacity. Except as otherwise provided herein, the Incapacity of a Member shall not dissolve or terminate the Company. In the event of such Incapacity, the executor, administrator, guardian, trustee or other personal representative of the Incapacitated Member shall be deemed to be the assignee of such Member’s Units or other interests in the Company 's Economic Interest and may, subject to Section 7.1, become a substituted Member upon the terms and conditions set forth in Section 7.310.3, become a substituted Member.
Appears in 4 contracts
Samples: Limited Liability Company Agreement (Aavid Thermalloy Sw LLC), Limited Liability Company Agreement (Aavid Thermalloy Sw LLC), Limited Liability Company Agreement (Aavid Thermalloy Sw LLC)
Effect of Incapacity. Except as otherwise provided herein, the Incapacity of a Member shall not dissolve or terminate the Company. In the event of such Incapacity, the executor, administrator, guardian, trustee or other personal representative of the Incapacitated Member shall be deemed to be the assignee of such Member’s Units or other interests in the Company Membership Interest and may, subject to Section 7.1, become a substituted Member upon the terms and conditions set forth in Section 7.310.1, become a Member.
Appears in 3 contracts
Samples: Limited Liability Company Agreement (Exopack Holding Corp), Limited Liability Company Agreement (Exopack Advanced Coatings, LLC), Limited Liability Company Agreement (Exopack Advanced Coatings, LLC)
Effect of Incapacity. Except as otherwise provided herein, the Incapacity of a the Sole Member shall not dissolve or terminate the Company. In the event of such Incapacity, the executor, administrator, guardian, trustee or other personal representative of the Incapacitated Sole Member shall be deemed to be the assignee of such the Sole Member’s Units or other interests in the Company Membership Interest and may, subject to Section 7.1, become a substituted Member upon the terms and conditions set forth in Section 7.3this ARTICLE IX, become a Substitute Member.
Appears in 3 contracts
Samples: Limited Liability Company Agreement (Williams Partners L.P.), Limited Liability Company Agreement (Williams Partners L.P.), Limited Liability Company Agreement
Effect of Incapacity. Except as otherwise provided herein, the Incapacity of a Member shall not dissolve or terminate the Company. In the event of such Incapacity, the executor, administrator, guardian, trustee or other personal representative of the Incapacitated Member shall be deemed to be the assignee of such Member’s Units or other interests in the Company and may, subject to Section 7.110.1, become a substituted Member upon the terms and conditions set forth in Section 7.310.6.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Global Technologies LTD), Limited Liability Company Agreement (Edison Nation, Inc.)
Effect of Incapacity. Except as otherwise provided herein, the Incapacity of a Member shall not dissolve or terminate the Company. In the event of such Incapacity, the executor, administrator, guardian, trustee or other personal representative of the Incapacitated Member shall be deemed to be the assignee of such Member’s Units or other interests in the Company and may, subject to Section 7.111.1, become a substituted Member upon the terms and conditions set forth in Section 7.311.6.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (DelStaff, LLC), Limited Liability Company Agreement (DelStaff, LLC)
Effect of Incapacity. Except as otherwise provided herein, the Incapacity of a Member shall not dissolve or terminate the Company. In the event of such Incapacity, the executor, administrator, guardian, trustee or other personal representative of the Incapacitated Member shall be deemed to be the assignee of such Member’s 's Units or other interests in the Company and may, subject to Section 7.1, become a substituted Member upon the terms and conditions set forth in Section 7.3.
Appears in 2 contracts
Samples: Limited Liability (Somerset Power LLC), Limited Liability Company Agreement (Somerset Power LLC)
Effect of Incapacity. Except as otherwise provided herein, the -------------------- Incapacity of a Member shall not dissolve or terminate the Company. In the event of such Incapacity, the executor, administrator, guardian, trustee or other personal representative of the Incapacitated Member shall be deemed to be the assignee of such Member’s Units or other interests in the Company 's Economic Interest and may, subject to Section 7.1, become a substituted Member upon the terms and conditions set forth in Section 7.3.10.3, become a substituted Member. ------------
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Petersen Holdings LLC), Petersen Holdings LLC
Effect of Incapacity. Except as otherwise provided herein, the Incapacity of a Member shall not dissolve or terminate the Company. In the event of such Incapacity, the executor, administrator, guardian, trustee or other personal representative of the Incapacitated Member that has experienced such Incapacity shall be deemed to be the assignee of such Member’s Units or other interests in the Company Economic Interest and may, subject to Section 7.1, become a substituted Member upon the terms and conditions set forth in Section 7.310.3, become a Substitute Member.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Ada-Es Inc), Limited Liability Company Agreement (Ada-Es Inc)
Effect of Incapacity. Except as otherwise provided herein, the Incapacity of a Member shall not dissolve or terminate the Company. In the event of such Incapacity, the executor, administrator, guardian, trustee or other personal representative of the Incapacitated Member shall be deemed to be the assignee of such Member’s Units or other interests in the Company and may, subject to Section 7.1the approval of the Managers, become a substituted Member upon the terms and conditions set forth in Section 7.310.4.
Appears in 1 contract
Samples: Limited Liability Company Operating Agreement (US Power Generating CO)
Effect of Incapacity. Except as otherwise provided herein, the Incapacity of a Member shall not dissolve or terminate the Company. In the event of such Incapacity, the executor, administrator, guardian, trustee or other personal representative of the Incapacitated Member shall be deemed to be the assignee of such Member’s 's Units or other interests in the Company and may, subject to Section 7.1the approval of the Board, become a substituted Member upon the terms and conditions set forth in Section 7.310.5.
Appears in 1 contract
Samples: Operating Agreement (Officemax Inc)
Effect of Incapacity. Except as otherwise provided herein, the Incapacity incapacity of a Member shall not dissolve or terminate the Company. In the event of such Incapacityincapacity, the executor, administrator, guardian, trustee or other personal representative of the Incapacitated incapacitated Member shall be deemed to be the assignee of such Member’s Units or other interests in the Company interest and may, subject to Section 7.1, become a substituted Member upon the terms and conditions set forth in Section 7.38.3, become a Substituted Member.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Chefs' Warehouse Holdings, LLC)
Effect of Incapacity. Except as otherwise provided herein, the Incapacity incapacity of a Member shall not dissolve or terminate the Company. In the event of such Incapacity, the executor, administrator, guardian, trustee or other personal representative of the Incapacitated Member shall be deemed to be the assignee of such Member’s Units or other interests in the Company Economic Interest and may, subject to Section 7.1, become a substituted Member upon the terms and conditions set forth in Section 7.310.3, become a substituted Member.
Appears in 1 contract
Samples: Limited Liability Company Agreement (PRETIUM CANADA Co)
Effect of Incapacity. Except as otherwise provided herein, the Incapacity of a Member shall not dissolve or terminate the Company. In the event of such Incapacity, the executor, administrator, guardian, trustee or other personal representative of the Incapacitated Member shall be deemed to be the assignee of such Member’s 's Units or other interests in the Company and may, subject to Section 7.1, become a substituted Member upon the terms and conditions set forth in Section 7.3.. ARTICLE VIII
Appears in 1 contract
Effect of Incapacity. Except as otherwise provided herein, the Incapacity of a Member shall not dissolve or terminate the Company. In the event of such Incapacity, the executor, administrator, guardian, trustee or other personal representative of the Incapacitated Member that has experienced such Incapacity shall be deemed to be the assignee of such Member’s Units or other interests in the Company Economic Interest and may, subject to Section 7.1, become a substituted Member upon the terms and conditions set forth in Section 7.3this Article 8, become a Substitute Member.
Appears in 1 contract
Effect of Incapacity. Except as otherwise provided herein, the Incapacity of a Member shall not dissolve or terminate the Company. In the event of such Incapacity, the executor, administrator, guardian, trustee or other personal representative of the Incapacitated Member shall be deemed to be the assignee of such Member’s Units or other interests in the Company and may, subject to Section 7.1, become a substituted Member upon the terms and conditions set forth in Section 7.3.shall
Appears in 1 contract
Samples: Limited Liability Company Agreement (Iridium Communications Inc.)
Effect of Incapacity. Except as otherwise provided herein, the Incapacity of a Member shall not dissolve or terminate the Company. In the event of such Incapacity, the executor, administrator, guardian, trustee or other personal representative of the Incapacitated Member shall be deemed to be the assignee of such Member’s Units or other interests Interests and interest in the Company capital and may, subject to Section 7.1upon approval of the Board of Directors, become a substituted Member upon the terms and conditions set forth in Member. For purposes of this Section 7.3.5.5, “
Appears in 1 contract
Samples: Limited Liability Company Agreement (Iridium Communications Inc.)
Effect of Incapacity. Except as otherwise provided herein, the Incapacity of a Member shall not dissolve or terminate the Company. In the event of such Incapacity, the executor, administrator, guardian, trustee or other personal representative of the Incapacitated Member shall be deemed to be the assignee of such Member’s Units or other interests in the Company Interest and may, subject to Section 7.1, become a substituted Member upon the terms and conditions set forth in Section 7.38.1, become a Substitute Member.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Caliburn International Corp)
Effect of Incapacity. Except as otherwise provided herein, the Incapacity of a Member shall not dissolve or terminate the Company. In the event of such Incapacity, the executor, administrator, guardian, trustee or other personal representative of the Incapacitated Member shall be deemed to be the assignee of such Member’s 's Units or other interests in the Company and may, subject to Section 7.1, . become a substituted Member upon the terms and conditions set forth in Section 7.3.. 9
Appears in 1 contract
Effect of Incapacity. Except as otherwise provided herein, the The Incapacity of a Member shall not dissolve or terminate the CompanyCompany or trigger any rights pursuant to this Article IX. In the event of such Incapacity, the executor, administrator, guardian, trustee or other personal representative of the Incapacitated Member that has experienced such Incapacity shall be deemed to be the assignee of such Member’s Units or other interests in the Company Economic Interest and may, subject to Section 7.1, become a substituted Member upon the terms and conditions set forth in Section 7.3this Article IX, become a Substitute Member.
Appears in 1 contract
Samples: Limited Liability Company Agreement
