Mergers and Exchanges. The Company may be a party to (a) a merger, (b) a consolidation, or (c) an exchange or acquisition, subject to the requirements of this Operating Agreement. Consent to any such merger, consolidation, exchange or acquisition shall be by vote of the Members as set forth in Article 3.
Appears in 16 contracts
Samples: Operating Agreement, Operating Agreement (South Dakota Soybean Processors LLC), Operating Agreement
Mergers and Exchanges. The Company may be a party to (a) a merger, (b) a consolidation, or (c) an exchange or acquisition, subject to the requirements of this Operating Agreement. Consent to any such merger, consolidation, exchange or acquisition shall be by vote of the Members as set forth out in Article 3.
Appears in 3 contracts
Samples: Operating Agreement (Great Plains Ethanol LLC), Operating Agreement (Great Plains Ethanol LLC), Operating Agreement (Great Plains Ethanol LLC)
Mergers and Exchanges. The Company may be a party to (ai) a merger, (b) a consolidation, merger or (cii) an exchange or acquisitionacquisition of the type described in the Act, subject to obtaining the requirements of this Operating Agreement. Consent to any such merger, consolidation, exchange or acquisition shall be by required vote of the Members as set forth in Article 3compliance with the Act.
Appears in 2 contracts
Samples: Membership Interest Purchase Agreement, Limited Liability Company Agreement (Horizon Health Corp /De/)
Mergers and Exchanges. The Company may be a party to (ai) a merger, (b) a consolidation, consolidation or share exchange or (cii) an exchange or acquisition, subject to the requirements of this Operating Agreement. Consent to any such merger, consolidation, exchange or acquisition shall be by vote of the Members as set forth type described in Article 3the Act, in accordance with Section 6.9(a).
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Exco Resources Inc), Limited Liability Company Agreement (Venus Exploration Inc)
Mergers and Exchanges. The Company may be a party to (a) a merger, (b) a consolidation, or (c) an exchange or acquisition, subject to the requirements of the Act and this Operating Agreement. Consent to any such merger, consolidation, exchange or acquisition shall be by vote of the Members as set forth in Article 3.
Appears in 2 contracts
Samples: Operating Agreement (Summit Hotel OP, LP), Operating Agreement (Summit Hotel Properties LLC)
Mergers and Exchanges. The Company may be a party to (a) a merger, (b) a consolidation, or (c) an exchange or acquisition, subject to the requirements of the Act and this Operating Agreement. Consent to Approval of any such merger, consolidation, exchange or acquisition shall be by vote of the Members as set forth in Article 3Member.
Appears in 2 contracts
Samples: Operating Agreement (US LEC of Georgia LLC), Operating Agreement (McLeodUSA Holdings Inc)
Mergers and Exchanges. The Company may be a party to (a) a merger, (b) a consolidation, or (c) an exchange or acquisition, subject to the requirements of this Operating Agreement. Consent to any such merger, consolidation, exchange or acquisition shall be by vote of the Class A Members as set forth in Article 3.
Appears in 1 contract
Samples: Operating Agreement
Mergers and Exchanges. The Company may be a party to (a) a merger, (b) a consolidationan exchange or acquisition, or (c) an exchange or acquisitiona conversion, subject to the requirements of this Operating Agreement. Consent to any such merger, consolidation, exchange or acquisition shall be by vote of the Members as set forth type described in Article 3the provisions of Chapter 92A of the NRS applicable to limited liability companies or any other applicable provisions of the NRS.
Appears in 1 contract
Samples: Rent a Center Inc De
Mergers and Exchanges. The Company may be a party to (a) a merger, (b) a consolidation, or (c) an exchange or acquisition, subject to the requirements of this Operating Agreement. Consent to any such merger, consolidation, exchange or acquisition shall be by vote of the Class A Members, Class B Members and Class C Members as set forth out in Article 3.
Appears in 1 contract
Samples: Operating Agreement
Mergers and Exchanges. The Company may be a party to (a) a merger, or (b) a consolidation, or (c) an exchange or acquisitionacquisition of the type described in § 1357 of the Act, subject to the requirements of this Operating Agreement. Consent to any such merger, consolidation, exchange or acquisition shall be by vote of the Members as set forth in Article 3Section 6.01(b) hereof.
Appears in 1 contract
Mergers and Exchanges. The Company may be a party to (a) a merger, (b) a consolidation, or (c) an merger and/or exchange or acquisition, acquisition subject to the requirements terms of this Operating Agreement. Consent to any such merger, consolidation, exchange or acquisition shall be by vote of the Members as set forth in Article 3.
Appears in 1 contract
