Common use of RECITAL Clause in Contracts

RECITAL. The Member has formed the Company as a limited liability company under the laws of the State of Delaware and desires to enter into a written agreement, in accordance with the provisions of the Delaware Limited Liability Company Act and any successor statute, as amended from time to time (the “Act”), governing the affairs of the Company and the conduct of its business.

Appears in 28 contracts

Samples: Limited Liability Company Agreement (NCR Atleos, LLC), Limited Liability Company Agreement (Dell Inc), Limited Liability Company Agreement (Dell Inc)

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RECITAL. The Member has formed the Company as a limited liability company under the laws of the State of Delaware and desires to enter into a written agreement, in accordance with the provisions of the Delaware Limited Liability Company Act and any successor statute, as amended from time to time (the "Act"), governing the affairs of the Company and the conduct of its business.

Appears in 24 contracts

Samples: Limited Liability Company Agreement (Fortress Investment Group Holdings LLC), Limited Liability Company Agreement (Barton Protective Services LLC), Limited Liability Company Agreement (TRW Automotive Inc)

RECITAL. The Member has Company was formed the Company as a limited liability company under the laws of the State of Delaware Delaware, and the Initial Member desires to enter into a written agreement, in accordance with the provisions of the Delaware Limited Liability Company Act and any successor statute, as amended from time to time (the “Act”), governing the affairs of the Company and the conduct of its business.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (CPI International, Inc.), Limited Liability Company Agreement (CPI International, Inc.)

RECITAL. The Member has formed the Company as a limited liability company under the laws of the State of Delaware and desires pursuant to enter into a written agreement, in accordance with the provisions of the Delaware Limited Liability Company Act Act, 6 Del. C. ss. 18-101, et seq. (as amended and in effect from time to time, and any successor statute, as amended from time to time (the "Act”), governing ") and the affairs Limited Liability Company Agreement of the Company dated January 29, 2001 (the "Original Agreement"). The Member desires to continue the Company as a limited liability company under the Act and this Agreement and to amend and restate the conduct of Original Agreement in its business.entirety as follows:

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Ford Credit Auto Receivables Two LLC), Limited Liability Company Agreement (Ford Credit Auto Receivables Two LLC)

RECITAL. The Member has formed the Company as a limited liability company under the laws of the State of Delaware and now desires to enter into a written agreement, in accordance with the provisions of the Delaware Limited Liability Company Act (6 Del. C. §§ 18-101 et seq.) and any successor statute, as amended from time to time (the “Act”), governing to govern the affairs of the Company and the conduct of its business. Capitalized terms used and not otherwise defined herein shall have the meanings set forth on Schedule A hereto.

Appears in 2 contracts

Samples: Limited Liability Company Agreement, Limited Liability Company Agreement (Theravance Inc)

RECITAL. The Member has formed the Company as a limited liability company under the laws of the State of Delaware and desires to enter into a written agreement, in accordance with the provisions of the Delaware Limited Liability Company Act (6 Del. C. § 18-101 et seq.) and any successor statute, as amended from time to time (the “Act”), governing the affairs of the Company and the conduct of its business. Capitalized terms used herein and not otherwise defined have the meanings set forth on Schedule A hereto.

Appears in 2 contracts

Samples: Royalty Participation Agreement (Elan Corp PLC), Royalty Participation Agreement (Theravance Inc)

RECITAL. The Member has formed the Company as a limited liability company under the laws of the State of Delaware and desires to enter into a an amended and restated written agreement, in accordance with the provisions of the Delaware Limited Liability Company Act and any successor statute, as amended from time to time (the "Act"), governing the affairs of the Company and the conduct of its business.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Quinlan Jim Chevrolet Co)

RECITAL. The Member has formed the Company as a limited liability company under the laws of the State of Delaware and desires pursuant to enter into a written agreement, in accordance with the provisions of the Delaware Limited Liability Company Act Act, 6 Del. C. § 18-101, et seq. (as amended and in effect from time to time, and any successor statute, as amended from time to time (the “Act”), governing the affairs of . The parties hereto desire to continue the Company as a limited liability company under the Act and the conduct of its businessthis Agreement.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Efcar, LLC)

RECITAL. The Member has formed the Company as a limited liability company under the laws of the State of Delaware and desires pursuant to enter into a written agreement, in accordance with the provisions of the Delaware Limited Liability Company Act Act, 6 Del. C. Section 18-101, et seq. (as amended and in effect from time to time, and any successor statute, as amended from time to time (the "Act”), governing ") and the affairs Limited Liability Company Agreement of the Company dated January 29, 2001 (the "Original Agreement"). The Member desires to continue the Company as a limited liability company under the Act and this Agreement and to amend and restate the conduct of Original Agreement in its business.entirety as follows:

Appears in 1 contract

Samples: Limited Liability Company Agreement (Ford Credit Auto Receivables Two LLC)

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RECITAL. The Member has Company was formed the Company as a limited liability company under the laws of the State of Delaware and the Member desires to enter into a written agreement, in accordance with the provisions of the Delaware Limited Liability Company Act and any successor statute, as amended from time to time (the “Act”), governing the affairs of the Company and the conduct of its business.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Dynatrace Holdings LLC)

RECITAL. The Member has formed the Company as a limited liability company under the laws of the State of Delaware and desires to enter into a written agreement, in accordance with the provisions of the Delaware Limited Liability Company Act Act, 6 Del. C. ss. 18-101, et seq. (as amended and in effect from time to time, and any successor statute, as amended from time to time (the "Act"), governing the affairs of the Company and the conduct of its business.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Ford Credit Auto Receivables Two LLC)

RECITAL. The Member has Company was formed the Company as a limited liability company under the laws of the State of Delaware and desires to enter into a written agreement, in accordance with the provisions of the Delaware Limited Liability Company Act and any successor statute, as amended from time to time (the “Act”), governing the affairs of the Company and the conduct of its business.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Fresenius Kabi Pharmaceuticals Holding, LLC)

RECITAL. The Member has formed the Company as a limited liability company under the laws of the State of Delaware and desires to enter into a written agreement, in accordance with the provisions of the Delaware Limited Liability Company Act and any successor statuteAct, as amended from time to time (the “Act”), governing the affairs of the Company and the conduct of its business.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Realogy Holdings Corp.)

RECITAL. The Member has formed the Company as a limited liability company under the laws of the State of Delaware and desires pursuant to enter into a written agreement, in accordance with the provisions of the Delaware Limited Liability Company Act Act, Chapter 18 of the Delaware Code, for the purposes set forth herein, and, accordingly, desires to enter into this Agreement in order to set forth the terms and any successor statute, as amended from time to time (conditions of the “Act”), governing the business and affairs of the Company and to determine the conduct rights and obligations of its businessMember.

Appears in 1 contract

Samples: Operating Agreement (Liquidmetal Technologies Inc)

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