Member Control Agreement. In the event of any conflict or inconsistency between these Bylaws, or any amendment hereto, and the Member Control Agreement of the company, such Member Control Agreement shall govern. A copy of any such Member Control Agreement shall be filed with the limited liability company at its principal executive office. The rights and preferences of the various classes of membership interests of the Company shall be as set forth in said Member Control Agreement, as amended or replaced from time to time (the “MCA”), the terms of which are hereby incorporated herein by reference. All capitalized terms not defined herein shall be defined as set forth in the MCA.
Member Control Agreement. The Persons who are parties to this Agreement intend to make specific arrangements relating to the (i) formation, operations, ownership, governance, management, and dissolution of the Company; (ii) allocation of income, receipt, gain, loss, deduction, credit, and distribution; (iii) receipt of additional capital, admission of new Members and all valuation issues associated with the receipt of such additional capital and admission of Members; (iv) transfer or encumbrance, whether voluntary or involuntary, of Membership Interests; and (v) other matters related to the Company. This Agreement shall constitute a Member Control Agreement under Section 10-32-50 of the LLC Act. It is expressly intended that, during the entire term of this Agreement, the provisions of this Agreement shall supersede any provisions of the LLC Act, as they now exist or as may be subsequently amended or restated, that are inconsistent or conflict with the provisions of this Agreement to the maximum extent permitted by law.
Member Control Agreement. In the event of any conflict or inconsistency between these Bylaws, or any amendment hereto, and any member control agreement, whenever adopted, such member control agreement shall govern. A copy of any such member control agreement shall be filed with the limited liability company at its principal executive office.
Member Control Agreement. The term "Member Control Agreement" means the Member Control Agreement of the Company by and among the Company and the members of the Company other than the Preferred Member.
Member Control Agreement. Concurrent with Grantee's receipt of any Units hereunder, he shall be required to execute the Member Control Agreement in effect between the Members of Red Trail at the time Grantee receives any Units hereunder, unless he is currently a Member.
Member Control Agreement. This Agreement, as amended from time to time, shall constitute a member control agreement, as that term is defined in Section 322B.37 of the Act.
Member Control Agreement. On the Closing Date, Buyers and Xxxxxxxx shall enter into a Member Control Agreement for the Company, substantially in the form attached hereto as Exhibit 2.3 (the "Company Member Control Agreement").
Member Control Agreement. The Member Control Agreement, duly executed by Xxxxxxxx.
Member Control Agreement. Amend or modify Borrowers’ Member Control Agreement or any organizational documents without Lender’s prior written consent.
