Joinder to Operating Agreement. By execution of this Assignment, Assignee shall be deemed joined as a party to the Operating Agreement and shall be bound by all of the terms and conditions thereof as if Assignee had executed the Operating Agreement. It is the intention of the parties that immediately after giving effect to the consummation of the transactions contemplated by this Assignment that Assignee shall be the sole member of the Company.
Joinder to Operating Agreement. The grant of Incentive Units described in this Agreement shall occur on the Grant Date subject to the execution and delivery by the Participant to the Company of a counterpart signature page to the Operating Agreement in the form attached hereto as Exhibit B on or prior to the Grant Date (unless the Participant is already a party to the Operating Agreement).
Joinder to Operating Agreement. By accepting this Warrant, the Holder agrees, that upon exercise of this Warrant and prior to receiving any Class A Units in connection therewith, the Holder shall become a party to (to the extent it is not already a party), and be bound by (to the extent it is not already bound by), the Operating Agreement.
Joinder to Operating Agreement. Each Buyer, by their execution hereof, and as of the Closing Date on which such Buyer purchases Membership Interests and Warrants, hereby agrees to become a party to the Operating Agreement and to be bound by all of the provisions thereof as a Class-A Member (as defined in the Operating Agreement) as if a signatory thereto. Each Buyer acknowledges his, her or its receipt and review of the Operating Agreement, and acknowledges and agrees to the terms thereof.
Joinder to Operating Agreement. On the terms and subject to the conditions set forth in this Agreement, XxXx hereby agrees to be bound by all of the terms and conditions of, and shall succeed to all of the rights and be subject to and assume all of the liabilities and obligations relating to or arising under the Operating Agreement with respect to the Units. OpCo is hereby admitted as the sole Member of the Company, holding all of the membership interests in the Company, including, without limitation, the Units.
Joinder to Operating Agreement. At the time of execution of this Agreement, each Unitholder other than TDH shall deliver an executed joinder to the Fifth Amended and Restated Operating Agreement of DRP, dated October 15, 2012, in the form attached hereto as Exhibit A.
Joinder to Operating Agreement. By execution and delivery of this Agreement, the Transferee hereby (i) joins in and agrees to be fully bound by, and subject to, all of the obligations, covenants, terms and conditions of the Operating Agreement applicable to a Member as though the Transferee were an original party thereto, and shall be deemed included in the definition of “Member” and “Additional Member” for all purposes thereof, (ii) acknowledges receipt of the Operating Agreement and represents, warrants, covenants and agrees that the Transferee has read the Operating Agreement and understands that by signing this document, the Transferee shall assume all of the duties and obligations of a Member thereunder and (iii) authorizes this Agreement to be attached to and made part of the Operating Agreement or counterparts thereof.
Joinder to Operating Agreement. By signing this Subscription Agreement Investor hereby acknowledges and agrees that: • the Subscribed Units, and all rights of Investor as the holder of the Subscribed Units, are and will at all times be subject to the terms and conditions of that certain Operating Agreement of the Company (as amended and in effect); and • upon the acceptance of this Subscription Agreement (and the other Subscription Documents) by the Company, Investor will become a “Member” (as defined in the Operating Agreement) of the Company, will be immediately joined and become a party to the Operating Agreement, and will be bound by all of the terms and conditions of the Operating Agreement with respect to the Subscribed Units, and all rights of Investor as the holder of the Subscribed Units, as though an original party thereto. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK; SIGNATURE PAGE FOLLOWS] INVESTOR: EXECUTION PAGES FOR SUBSCRIPTION AGREEMENT BY AN INDIVIDUAL (To be completed by EACH subscribing individual; NOT applicable to subscriptions by entities) Accend Capital Illinois LLCrn (Signature of Investor) Date: AND If investing through a self-directed XXX: CUSTODIAN: (Entity Name) Without personal liability and solely in the capacity of custodian for the benefit of: (Beneficiary Name) By: Print Name: Title: Date: By signing this Subscription Agreement, Custodian hereby certifies as follows: Custodian IS an “employee benefit plan” as defined under ERISA or a “plan” as defined under Section 4975(e)(1) of the Internal Revenue Code. OR Custodian IS NOT an “employee benefit plan” as defined under ERISA or a “plan” as under Section 4975(e)(1) of the Internal Revenue Code.
Joinder to Operating Agreement. By signing this Subscription Agreement Investor hereby acknowledges and agrees that: • the Subscribed Units, and all rights of Investor as the holder of the Subscribed Units, are and will at all times be subject to the terms and conditions of that certain Operating Agreement of the Company (as amended and in effect); and • upon the acceptance of this Subscription Agreement (and the other Subscription Documents) by the Company, Investor will become a “Member” (as defined in the Operating Agreement) of the Company, will be immediately joined and become a party to the Operating Agreement, and will be bound by all of the terms and conditions of the Operating Agreement with respect to the Subscribed Units, and all rights of Investor as the holder of the Subscribed Units, as though an original party thereto. INVESTOR: (Entity Name) By: Print Name: Title: Date:
Joinder to Operating Agreement. By executing this Agreement, Purchaser agrees to be bound by, and to comply with, all of the terms and conditions of the Operating Agreement in the same manner as if Purchaser were an original signatory to the Operating Agreement. Purchaser, as a Member under the Operating Agreement, confirms that the representations and warranties set forth in Section 12.01 of the Operating Agreement (except for the representation and warranty set forth in Section 12.01(l) of the Operating Agreement) are true and correct as to the Purchaser. From and after Closing, the Purchaser will be entitled to the rights of, and be subject to the obligations of, a Member under the Operating Agreement.
