2009 Operating Agreement means the Transferred Contract so identified on Exhibit B.
Examples of 2009 Operating Agreement in a sentence
By intentionally lying to the courts in Texas and California about the existence of the December 2009 Operating Agreement, the defendants have misused the court's process for a purpose other than that for which the purpose was designed.
Provisions that are worth noting in the January 22, 2009 Operating Agreement submitted in April 2009 include section 3.4(b) of the Operating Agreement, which provides that in determining members' equity, the manager "shall have the right to apportion the Organization Costs among the Class A Units." Thus, the members' accounts will be reduced in value for the organizational costs incurred by the Fund.
In particular, the defendants lied about the December 2009 Operating Agreement in an effort to punish plaintiffs for discovering defendants' fraud, and to attempt to deflect attention from their own misdeeds and try to make it look like plaintiffs were in fact the culpable parties.
A copy of the December 2009 Operating Agreement is attached hereto as Exhibit A.