Common use of General; Establishment of Series Clause in Contracts

General; Establishment of Series. Subject to the provisions of this Agreement, the Board may, at any time and from time to time and in compliance with Section 1.08(c), cause the Company to establish in writing (each, a “Series Designation”) one or more series as such term is used under Section 18-215 of the Delaware Act (each a “Series”). Each Series Designation shall be substantially in the form as attached hereto as Exhibit C-1. The Series Designation shall relate solely to the Series established thereby and shall not be construed: (i) to affect the terms and conditions of any other Series, or (ii) to designate, fix or determine the rights, powers, authority, privileges, preferences, duties, responsibilities, liabilities and obligations in respect of Interests associated with any other Series, or the Members associated therewith. The terms and conditions for each Series established pursuant to this Section 1.08(a) shall be as set forth in this Agreement and the Series Designation, as applicable, for the Series. Upon approval of any Series Designation by the Board, such Series Designation shall be attached to this Agreement as an Exhibit until such time as none of Shares of such Series remain outstanding. The books and records of the Company shall be maintained by the Company on a Series-by-Series basis, accounting for the assets associated with such Series separately from the other assets of the Company or any other Series thereof. As of the date of execution of this Agreement by the Initial Member, the initial Series of the Company is Series 308 as set forth in a Series Designation (the “Initial Series”).

Appears in 4 contracts

Samples: Limited Liability Company Operating Agreement (Masterworks Vault 5, LLC), Limited Liability Company Operating Agreement (Masterworks Vault 4, LLC), Limited Liability Company Operating Agreement (Masterworks Vault 3, LLC)

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General; Establishment of Series. Subject to the provisions of this Agreement, the Board may, at any time and from time to time and in compliance with Section 1.08(c), cause the Company to establish in writing (each, a “Series Designation”) one or more series as such term is used under Section 18-215 of the Delaware Act (each a “Series”). Each Series Designation shall be substantially in the form as attached hereto as Exhibit C-1. The Series Designation shall relate solely to the Series established thereby and shall not be construed: (i) to affect the terms and conditions of any other Series, or (ii) to designate, fix or determine the rights, powers, authority, privileges, preferences, duties, responsibilities, liabilities and obligations in respect of Interests associated with any other Series, or the Members associated therewith. The terms and conditions for each Series established pursuant to this Section 1.08(a) shall be as set forth in this Agreement and the Series Designation, as applicable, for the Series. Upon approval of any Series Designation by the Board, such Series Designation shall be attached to this Agreement as an Exhibit until such time as none of Shares of such Series remain outstanding. The books and records of the Company shall be maintained by the Company on a Series-by-Series basis, accounting for the assets associated with such Series separately from the other assets of the Company or any other Series thereof. As of the date of execution of this Agreement by the Initial Member, the initial Series of the Company is Series 308 as set forth in a Series Designation (the “Initial Series”).

Appears in 3 contracts

Samples: Limited Liability Company Operating Agreement (Masterworks Vault 2, LLC), Limited Liability Company Operating Agreement (Masterworks Vault 1, LLC), Limited Liability Company Operating Agreement (Masterworks Vault 3, LLC)

General; Establishment of Series. Subject to the provisions of this Agreement, the Board may, at any time and from time to time and in compliance with Section 1.08(c), cause the Company to establish in writing (each, a “Series Designation”) one or more series as such term is used under Section 18-215 of the Delaware Act (each a “Series”). Each Series Designation shall be substantially in the form as attached hereto as Exhibit C-1. The Series Designation shall relate solely to the Series established thereby and shall not be construed: (i) to affect the terms and conditions of any other Series, or (ii) to designate, fix or determine the rights, powers, authority, privileges, preferences, duties, responsibilities, liabilities and obligations in respect of Interests associated with any other Series, or the Members associated therewith. The terms and conditions for each Series established pursuant to this Section 1.08(a) shall be as set forth in this Agreement and the Series Designation, as applicable, for the Series. Upon approval of any Series Designation by the Board, such Series Designation shall be attached to this Agreement as an Exhibit until such time as none of Shares of such Series remain outstanding. The books and records of the Company shall be maintained by the Company on a Series-by-Series basis, accounting for the assets associated with such Series separately from the other assets of the Company or any other Series thereof. As of the date of execution of this Agreement by the Initial Member, the initial Series of the Company is Series 308 300 as set forth in a Series Designation (the “Initial Series”).

Appears in 2 contracts

Samples: Limited Liability Company Operating Agreement (Masterworks Vault 1, LLC), Limited Liability Company Operating Agreement (Masterworks Vault 1, LLC)

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General; Establishment of Series. Subject to the provisions of this Agreement, the Board may, at any time and from time to time and in compliance with Section 1.08(c), cause the Company to establish in writing (each, a “Series Designation”) one or more series as such term is used under Section 18-215 of the Delaware Act (each a “Series”). Each Series Designation shall be substantially in the form as attached hereto as Exhibit C-1. The Series Designation shall relate solely to the Series established thereby and shall not be construed: (i) to affect the terms and conditions of any other Series, or (ii) to designate, fix or determine the rights, powers, authority, privileges, preferences, duties, responsibilities, liabilities and obligations in respect of Interests associated with any other Series, or the Members associated therewith. The terms and conditions for each Series established pursuant to this Section 1.08(a) shall be as set forth in this Agreement and the Series Designation, as applicable, for the Series. Upon approval of any Series Designation by the Board, such Series Designation shall be attached to this Agreement as an Exhibit until such time as none of Shares of such Series remain outstanding. The books and records of the Company shall be maintained by the Company on a Series-by-Series basis, accounting for the assets associated with such Series separately from the other assets of the Company or any other Series thereof. As of the date of execution of this Agreement by the Initial Member, the initial Series of the Company is Series 308 250 as set forth in a Series Designation (the “Initial Series”).

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement (Masterworks Vault 1, LLC)

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