LLC Operating Agreement. Contemporaneously with the execution and delivery of this Agreement, the Private Owner shall execute and deliver to the Company and the Initial Member the LLC Operating Agreement.
LLC Operating Agreement. Debtor (a) shall at all times have in effect and be subject to the LLC Operating Agreement, (b) except as is otherwise expressly permitted therein, shall not amend or modify in any material respect the LLC Operating Agreement without the prior written approval of the Purchase Money Notes Guarantor, and (c) shall not enter into or allow itself to become subject to any other constituent documents inconsistent with any terms of the LLC Operating Agreement.
LLC Operating Agreement. To the extent this Agreement imposes obligations upon the Company or a managing member of the Company, this Agreement shall be treated as part of the LLC Operating Agreement for tax purposes as described in section 761(c) of the Code and sections 1.704-1(b)(2)(ii)(h) and 1.761-1(c) of the Treasury Regulations.
LLC Operating Agreement. A. All LLC Members must sign the agreement; however, it is not necessary that they sign it at the same time or even upon the same signature page. If Members are located in different locations, they may sign a separate copy of the document. Thereafter, attach all original signature pages to an original of the operating agreement and provide signed copies for all members.
LLC Operating Agreement. 5.2(b) maintains (ERISA) .............................. 3.22(m) Milbxxx Xxxions................................. 2.6(a) Milbxxx Xxxets.................................. 2.6(a) Milbxxx Xxxbilities............................. 2.6(a) Multiemployer Plan.............................. 3.22(m) NBV Adjustment Amount........................... 2.5(a) Net Book Value.................................. 2.5(a)(ii) Nextera.........................................
LLC Operating Agreement. The Purchaser has had a chance to review in full the Amended and Restated Limited Liability Company Agreement of the Company attached as Exhibit A (the “LLC Operating Agreement”), to be entered into substantially concurrently with this Agreement. The Purchaser hereby agrees to the terms and conditions of the LLC Operating Agreement and agrees to promptly execute and deliver a copy of the LLC Operating Agreement to the Company.
LLC Operating Agreement. The Seller shall have executed and delivered to the Buyer the LLC Operating Agreement in substantially the form of EXHIBIT 7.1(I) hereto.
LLC Operating Agreement. Each of the Debtor and the Initial Member (a) at all times must have in effect and be subject to the LLC Operating Agreement, (b) must not amend or modify the LLC Operating Agreement without the prior written approval of the PMN Agent and (c) must not enter into or allow itself to become subject to any other constituent documents inconsistent with any terms of the LLC Operating Agreement. The Initial Member immediately must advise the PMN Agent, in writing, of any drawing under a Qualifying Letter of Credit or withdrawal of funds from the Private Owner Pledged Account.
LLC Operating Agreement. Section 12.5(c)(4) and the first sentence of Section 13.14 in the LLC Operating Agreement are hereby deleted.
LLC Operating Agreement. Notwithstanding that Seller shall no longer be a member of the LLC and shall no longer enjoy or be entitled to any of the rights, privileges or benefits of a member under the Operating Agreement after the consummation of the transactions described herein, Seller shall (i) be entitled to the benefits of the existing indemnity provisions of the Operating Agreement pertaining to members of the LLC from and after Closing, including those set forth in Section 9.2 of the Operating Agreement (Limitation of Liability) which shall continue in accordance with their terms after Closing and (ii) continue to be subject to, bound by and to observe the provisions of Section 18.1 of the Operating Agreement (Confidentiality of Agreement), the provisions of which Section 18.1 are incorporated herein by this reference for all purposes.
