0001193125-10-130551 Sample Contracts

AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF XERES MANAGEMENT LLC (a Delaware Limited Liability Company) Dated as of May 5, 2010
Limited Liability Company Agreement • May 27th, 2010 • Tarantula Ventures LLC • Real estate • Delaware

THIS AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT, dated as of May 5, 2010 (as amended, modified or restated from time to time in accordance herewith, this “Agreement”), of Xeres Management LLC, a Delaware limited liability company (the “LLC”), is entered into by DuPont Fabros Technology, L.P. having an office located at 1212 New York Avenue, N.W., Suite 900, Washington, D.C. 20005 (together with its permitted successors and assigns, the “Member”), and has been executed pursuant to and in accordance with the provisions of the Delaware Limited Liability Company Act 6 Del. C. § 18-101, et. seq., as amended from time to time (the “Act”).

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FIRST AMENDMENT TO AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF DUPONT FABROS TECHNOLOGY, L.P.
Tarantula Ventures LLC • May 27th, 2010 • Real estate • Maryland

This First Amendment (this “First Amendment”) to the Amended and Restated Agreement of Limited Partnership (the “Partnership Agreement”) of DuPont Fabros Technology, L.P., a Maryland limited partnership (the “Partnership”), is hereby executed this 19th day of May, 2010. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Partnership Agreement

SECOND AMENDMENT TO THE AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF FOX PROPERTIES LLC
Limited Liability Company Agreement • May 27th, 2010 • Tarantula Ventures LLC • Real estate • Delaware

THIS SECOND AMENDMENT TO THE AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF FOX PROPERTIES LLC (this “Amendment”) is made effective as of the 6th day of May, 2010 (the “Effective Date”), by DUPONT FABROS TECHNOLOGY, L.P., a Maryland limited partnership (successor to Safari Ventures LLC) (the “Member”), the sole Member and Managing Member of Fox Properties LLC, a Delaware limited liability company (the “LLC”), and JENNIFER A. SCHWARTZ and VICTOR A. DUVA, as independent non-member managers, having an office at c/o CT Corporation Staffing, Inc., 1209 Orange Street, Wilmington, DE 19801 (the “Independent Managers”).

SECOND AMENDMENT TO THE AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF GRIZZLY VENTURES LLC
Limited Liability Company Agreement • May 27th, 2010 • Tarantula Ventures LLC • Real estate • Delaware

THIS SECOND AMENDMENT TO THE AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF GRIZZLY VENTURES LLC (this “Amendment”) is made effective as of the 6th day of May, 2010 (the “Effective Date”), by Grizzly Equity LLC, a Delaware limited liability company (the “Member”), the sole Member and Managing Member of Grizzly Ventures LLC, a Delaware limited liability company (the “LLC”), and WILLIAM C. DIAMOND and JERRY DANIEL, as independent non-member managers, having an office at c/o CT Corporation Staffing, Inc., 1209 Orange Street, Wilmington, DE 19801 (the “Independent Managers”).

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