Amended And Restated Operating Agreement Sample Contracts

Arvinas Holding Company, Llc – Arvinas Holding Company, Llc Second Amended and Restated Operating Agreement Dated as of March 29, 2018 a Limited Liability Company Organized Under the Delaware Limited Liability Company Act (September 14th, 2018)

This Second Amended and Restated Operating Agreement, dated as of March 29, 2018 (as amended from time to time in accordance with the terms hereof, this Agreement), is by and among Arvinas Holding Company, LLC, a Delaware limited liability company (the LLC), and the persons identified as the Members on Schedule A attached hereto (such persons and their respective successors and permitted assigns being hereinafter referred to individually as a Member or collectively as the Members), as such Schedule A may hereinafter be amended.

Xspand Products Lab, Inc. – FIFTH AMENDED AND RESTATED OPERATING Agreement OF EDISON NATION HOLDINGS, LLC FIFTH AMENDED AND RESTATED OPERATING agreEment OF EDISON NATION HOLDINGS, Llc (September 6th, 2018)

This Fifth Amended and Restated Operating Agreement (this "Agreement") of Edison Nation Holdings, LLC (the "Company"), a limited liability company organized under the laws of the State of North Carolina, is entered into by and among the Preferred Members (as defined herein) and Xspand Products Lab, Inc. ("Xspand") as of September 4, 2018 (the "Effective Date").

Arvinas Holding Company, Llc – Arvinas Holding Company, Llc Second Amended and Restated Operating Agreement Dated as of March 29, 2018 a Limited Liability Company Organized Under the Delaware Limited Liability Company Act (August 30th, 2018)

This Second Amended and Restated Operating Agreement, dated as of March 29, 2018 (as amended from time to time in accordance with the terms hereof, this Agreement), is by and among Arvinas Holding Company, LLC, a Delaware limited liability company (the LLC), and the persons identified as the Members on Schedule A attached hereto (such persons and their respective successors and permitted assigns being hereinafter referred to individually as a Member or collectively as the Members), as such Schedule A may hereinafter be amended.

Comstock Homebuilding Companies – SECOND AMENDED AND RESTATED OPERATING AGREEMENT OF COMSTOCK GROWTH FUND, L.C. EFFECTIVE DATE: May 22, 2018 (August 14th, 2018)
Oaktree Capital Group Llc – This Unit Designation (As It May Be Amended, Supplemented or Restated From Time to Time, This Unit Designation), Dated as of August 9, 2018, Is Made by Oaktree Capital Group, LLC (The Company). Capitalized Terms Used but Not Defined in This Unit Designation Shall Have the Meanings Ascribed to Such Terms in the Fourth Amended and Restated Operating Agreement of the Company, Dated as of May 17, 2018, as Amended by the Unit Designation With Respect to the Series a Preferred Units, Dated as of May 17, 2018 (And as It May Be Further Amended, Supplemented or Restated From Time to Time, the Operating (August 9th, 2018)
Oaktree Capital Group Llc – In Accordance With the Fourth Amended and Restated Operating Agreement (As Amended, Supplemented or Restated From Time to Time, the Operating Agreement) of Oaktree Capital Group, LLC, a Delaware Limited Liability Company (The Company), the Company Hereby Certifies That [ ] (The Holder) Is the Registered Owner of [ ] Units of the Companys 6.550% Series B Preferred Units, With a Series B Liquidation Preference of $25.00 Per Unit (The Series B Preferred Units). The Series B Preferred Units Are Transferable on the Books of the Transfer Agent, in Person or by Duly Authorized Attorney, Upon Surrende (August 9th, 2018)
Third Amended and Restated Operating Agreement of Och-Ziff Holding Llc (August 2nd, 2018)

This THIRD AMENDED AND RESTATED OPERATING AGREEMENT (this Agreement) of Och-Ziff Holding LLC (the Company) is made and entered into as of May 3, 2018.

Focus Financial Partners Inc. – Fourth Amended and Restated Operating Agreement of Focus Financial Partners, Llc Dated as of July 30, 2018 (July 31st, 2018)

This FOURTH AMENDED AND RESTATED OPERATING AGREEMENT (as amended, supplemented or restated from time to time, this Agreement) of FOCUS FINANCIAL PARTNERS, LLC, a Delaware limited liability company (the Company), is entered into as of July 30, 2018, by the parties (the Members) listed on the schedule of Members maintained by the Company, including those who join this Agreement after such date (the Members Schedule) in accordance with the Delaware Limited Liability Company Act, 6 De. C., 18-101, et seq., as amended from time to time (the Act).

Xspand Products Lab, Inc. – FIFTH AMENDED AND RESTATED OPERATING Agreement OF EDISON NATION HOLDINGS, LLC (July 6th, 2018)

This Fifth Amended and Restated Operating Agreement (this "Agreement") of Edison Nation Holdings, LLC (the "Company"), a limited liability company organized under the laws of the State of North Carolina, is entered into by and among the Preferred Members (as defined herein) and Xspand Products Lab, Inc. ("Xspand") as of ___________, 2018 (the "Effective Date").

Focus Financial Partners Inc. – Fourth Amended and Restated Operating Agreement of Focus Financial Partners, Llc Dated as of , 2018 (June 29th, 2018)

This FOURTH AMENDED AND RESTATED OPERATING AGREEMENT (as amended, supplemented or restated from time to time, this Agreement) of FOCUS FINANCIAL PARTNERS, LLC, a Delaware limited liability company (the Company), is entered into as of , 2018, by the parties (the Members) listed on the schedule of Members maintained by the Company, including those who join this Agreement after such date (the Members Schedule) in accordance with the Delaware Limited Liability Company Act, 6 De. C., 18-101, et seq., as amended from time to time (the Act).

Alliance Resource Partners, L.P. – Amendment No. 2 to Amended and Restated Operating Agreement of Alliance Coal, Llc (June 6th, 2018)

This Amendment No. 2 (the Amendment) to the Amended and Restated Operating Agreement of Alliance Coal, LLC, a Delaware limited liability company (the Company), dated effective as of August 20, 1999, as amended by Amendment No. 1, dated as of July 26, 2007 (as amended hereby, the Operating Agreement), is entered into and executed by MGP II, LLC, a Delaware limited liability company (MGP II), effective this 31st day of May 2018. Terms used but not defined herein shall have the meanings set forth in the Operating Agreement

Alliance Holdings Gp L.P. – Third Amended and Restated Operating Agreement of Alliance Resource Management Gp, Llc (June 6th, 2018)

This Third Amended and Restated Operating Agreement (this Agreement) of ALLIANCE RESOURCE MANAGEMENT GP, LLC, a Delaware limited liability company (the Company) is entered into and executed by Alliance GP, LLC (the Member) as of May 31, 2018.

Alliance Holdings Gp L.P. – Amendment No. 2 to Amended and Restated Operating Agreement of Alliance Coal, Llc (June 6th, 2018)

This Amendment No. 2 (the Amendment) to the Amended and Restated Operating Agreement of Alliance Coal, LLC, a Delaware limited liability company (the Company), dated effective as of August 20, 1999, as amended by Amendment No. 1, dated as of July 26, 2007 (as amended hereby, the Operating Agreement), is entered into and executed by MGP II, LLC, a Delaware limited liability company (MGP II), effective this 31st day of May 2018. Terms used but not defined herein shall have the meanings set forth in the Operating Agreement

Alliance Resource Partners, L.P. – Third Amended and Restated Operating Agreement of Alliance Resource Management Gp, Llc (June 6th, 2018)

This Third Amended and Restated Operating Agreement (this Agreement) of ALLIANCE RESOURCE MANAGEMENT GP, LLC, a Delaware limited liability company (the Company) is entered into and executed by Alliance GP, LLC (the Member) as of May 31, 2018.

GreenSky, Inc. – SECOND AMENDED AND RESTATED OPERATING AGREEMENT OF GREENSKY HOLDINGS, LLC Dated as of May 23, 2018 (May 29th, 2018)

THIS SECOND AMENDED AND RESTATED OPERATING AGREEMENT (the "Agreement") is made and entered into as of May 23, 2018, by and among all of the Members of GreenSky Holdings, LLC, a Georgia limited liability company (the "Company"). This Agreement supersedes any and all previous operating agreements of the Company.

Oaktree Capital Group Llc – FOURTH AMENDED AND RESTATED OPERATING AGREEMENT OF OAKTREE CAPITAL GROUP, LLC Dated as of May 17, 2018 (May 17th, 2018)

This FOURTH AMENDED AND RESTATED OPERATING AGREEMENT OF OAKTREE CAPITAL GROUP, LLC, is dated as of May 17, 2018. Capitalized terms used herein without definition shall have the respective meanings ascribed thereto in Section 1.1.

DERMAdoctor, LLC – Amended and Restated Operating Agreement of Dermadoctor, Llc (May 2nd, 2018)

THIS AMENDED AND RESTATED OPERATING AGREEMENT is made and entered into effective as of the day of , 2016 (the "Effective Date") by and among DERMAdoctor, LLC (the "Company") and the Persons executing this Agreement as Members on the signature page hereof or who otherwise become parties hereto in accordance with the terms hereof.

Bloom Energy Corp – 2013b Esa Holdco, Llc Amended and Restated Operating Agreement (March 21st, 2018)

THIS AMENDED AND RESTATED OPERATING AGREEMENT, dated as of August 2, 2013, is made and entered into by and among, FIRSTAR DEVELOPMENT, LLC, a Delaware limited liability company (Firstar or the Class A Equity Investor), as the Class A Member, and CLEAN TECHNOLOGIES 2013B, LLC, a Delaware limited liability company (the Class B Equity Investor), as the Class B Member.

Bloom Energy Corp – 2012 v Ppa Holdco, Llc Second Amended and Restated Operating Agreement (March 21st, 2018)

THIS SECOND AMENDED AND RESTATED OPERATING AGREEMENT, dated as of August 30, 2013 (the Effective Date), is made and entered into by and among, FIRSTAR DEVELOPMENT, LLC, a Delaware limited liability company (Firstar or the Class A Equity Investor), as the Class A Member, and CLEAN TECHNOLOGIES III, LLC, a Delaware limited liability company (the Class B Equity Investor), as the Class B Member.

Bloom Energy Corp – 2014 Esa Holdco, Llc Amended and Restated Operating Agreement (March 21st, 2018)

THIS AMENDED AND RESTATED OPERATING AGREEMENT, dated as of September 24, 2014, is made and entered into by and among EXELON GENERATION COMPANY, LLC, a Pennsylvania limited liability company (together with its permitted successors and assigns, the Class A Equity Investor), as the Class A Member, and CLEAN TECHNOLOGIES 2014, LLC, a Delaware limited liability company (the Class B Equity Investor), as the Class B Member.

Bloom Energy Corp – 2015 Esa Holdco, Llc Amended and Restated Operating Agreement (March 21st, 2018)

THIS AMENDED AND RESTATED OPERATING AGREEMENT, dated as of June 25, 2015, is made and entered into by and among 2015 ESA Investco, LLC, a Delaware limited liability company (together with its permitted successors and assigns, the Class A Equity Investor), as the Class A Member, and CLEAN TECHNOLOGIES 2015, LLC, a Delaware limited liability company (the Class B Equity Investor), as the Class B Member.

Amended and Restated Operating Agreement of Caesars Resort Collection, Llc (March 15th, 2018)

This Amended and Restated Operating Agreement (together with the schedules attached hereto, this "Agreement") of Caesars Resort Collection, LLC (formerly known as Caesars Growth Properties Holdings, LLC), a Delaware limited liability company (the "Company"), is entered into by Caesars Growth Properties Parent, LLC, a Delaware limited liability company ("CGPP"), and Caesars Entertainment Resort Properties Holdco, LLC, a Delaware limited liability company ("CERPH"), as the members (each individually a "Member" and together, the "Members"). Capitalized terms used and not otherwise defined herein have the meanings set forth on Schedule A hereto.

Biolife Solutions – Amendment to the Amended and Restated Operating Agreement of Biologistex Ccm,llc (March 9th, 2018)

This Amendment to the Amended and Restated Operating Agreement (this "Amendment"), effective as of the date of last signature below, hereby amends that certain Amended and Restated Operating Agreement, dated December 31, 2016 (the "Agreement"), of biologistix CCM, LLC, ("JV") and its members Savsu Technologies, LLC, ("Savsu"), and BioLife Solutions, Inc. ("Company"). Terms not defined herein have the meanings ascribed to them in the Agreement.

Hyster-Yale Materials Handling – Amendment to Third Amended and Restated Operating Agreement (February 27th, 2018)

This Amendment is dated and effective as of January 1, 1994 and relates to the Third Amended and Restated Operating Agreement dated as of November 21, 1985, as amended and restated as of December 19, 1985 and as further amended and interpreted, between Hyster Company, an Oregon corporation and Hyster Credit Company, a division of AT&T Commercial Finance Corporation, a Delaware corporation ("Operating Agreement").

1847 Holdings LLC – SECOND AMENDED AND RESTATED OPERATING AGREEMENT OF 1847 HOLDINGS LLC Dated as of January 19, 2018 Page (January 22nd, 2018)

This SECOND AMENDED AND RESTATED OPERATING AGREEMENT shall be effective as of January 19, 2018, and is entered into by 1847 PARTNERS LLC, as the Allocation Member and Manager (as defined herein), and the other Persons who become members pursuant to the terms hereof. Capitalized terms used in this Agreement without definition shall have the respective meanings specified in Article II.

Adial Pharmaceuticals, L.L.C. – To the Second Amended and Restated Operating Agreement of Adial Pharmaceuticals, L.L.C. (October 25th, 2017)

This First Amendment (this "Amendment") of the Operating Agreement (defined below) is made effective as of September 22, 2017 (the "Effective Date"). Capitalized terms not otherwise defined herein shall have the meaning as set for in the Operating Agreement (defined below).

AMENDMENT NO. 2 TO AMENDED AND RESTATED OPERATING AGREEMENT OF BLUEGREEN/BIG CEDAR VACATIONS, LLC a Delaware Limited Liability Company (October 23rd, 2017)

THIS AMENDMENT NO. 2 TO AMENDED AND RESTATED OPERATING AGREEMENT OF BLUEGREEN/BIG CEDAR VACATIONS, LLC (this "Amendment"), dated as of August 31, 2016, is made and entered into by and among those Persons identified on Exhibit A to this Amendment (the "Members").

Switch, Inc. – FIFTH AMENDED AND RESTATED OPERATING AGREEMENT OF SWITCH, LTD. A Nevada Limited-Liability Company Dated as of October 5, 2017 (October 11th, 2017)

This FIFTH AMENDED AND RESTATED OPERATING AGREEMENT (this Agreement), dated as of October 5, 2017, is entered into by and among Switch, Ltd., a Nevada limited-liability company (the Company), and its Members (as defined herein).

Korth Direct Mortgage LLC – SECOND AMENDED AND RESTATED OPERATING AGREEMENT of Korth Direct Mortgage LLC (October 10th, 2017)

This Second Amended and Restated Operating Agreement (the "Agreement") made and entered into the 2nd day of September, 2016 (the "Execution Date"), is hereby amended this 21st day of June 2017.

Cabela's Credit Card Master Note Trust – Second Amended and Restated Operating Agreement of Wfb Funding, Llc (September 25th, 2017)

The undersigned (all of which are hereinafter referred to as the Members and each as a Member) having previously agreed to form and operate a limited liability company (hereinafter referred to herein as the Company) according to the Companys Articles of Organization and the Nebraska Uniform Limited Liability Company Act (Nebraska Revised Statutes SSSS 21-101 et seq.), as it may be enacted and amended from time to time (the Act), hereby adopt this Second Amended and Restated Operating Agreement (this Agreement) as of September 22, 2017, which amends, restates and supersedes in its entirety the Amended and Restated Operating Agreement of the Company, dated December 6, 2013.

Switch, Inc. – FIFTH AMENDED AND RESTATED OPERATING AGREEMENT OF SWITCH, LTD. A Nevada Limited-Liability Company Dated as of [], 2017 (September 8th, 2017)

This FIFTH AMENDED AND RESTATED OPERATING AGREEMENT (this Agreement), dated as of [], 2017, is entered into by and among Switch, Ltd., a Nevada limited-liability company (the Company), and its Members (as defined herein).

Adial Pharmaceuticals, L.L.C. – Second Amended and Restated Operating Agreement of Adial Pharmaceuticals, L.L.C. (September 7th, 2017)

Upon due authorization and approval hereof by the Board of Directors of ADial Pharmaceuticals, L.L.C., a limited liability company organized under the laws of the Commonwealth of Virginia (hereinafter referred to as "the Company" or "the LLC"), the Company hereby enters into this Second Amended and Restated Limited Liability Company Operating Agreement (this "Agreement" or this "Operating Agreement"):

Korth Direct Mortgage LLC – SECOND AMENDED AND RESTATED OPERATING AGREEMENT of Korth Direct Mortgage LLC (August 11th, 2017)

This Second Amended and Restated Operating Agreement (the "Agreement") made and entered into the 2nd day of September, 2016 (the "Execution Date"), is hereby amended this 21st day of June 2017.

Alliance Resource Partners, L.P. – Second Amended and Restated Operating Agreement of Alliance Resource Management Gp, Llc (July 28th, 2017)

This Second Amended and Restated Operating Agreement (this Agreement) of ALLIANCE RESOURCE MANAGEMENT GP, LLC, a Delaware limited liability company (the Company) is entered into and executed by MGP II, LLC (the Member) as of July 28, 2017.

Alliance Resource Partners, L.P. – Amended and Restated Operating Agreement of Mgp Ii, Llc (July 28th, 2017)

This Amended and Restated Operating Agreement (this Agreement) of MGP II, LLC, a Delaware limited liability company (the Company) is entered into and executed by Alliance Holdings GP, L.P., a Delaware limited partnership (AHGP) and ARM GP Holdings, Inc., a Delaware corporation (ARMH and together with AHGP, each a Member and collectively, the Members), as of July 28, 2017.