Examples of A&R Operating Agreement in a sentence
This Agreement, together with the Exchange Agreement, the Tax Receivable Agreement and the Registration Rights Agreement, constitutes the entire agreement among the parties with respect to the subject matter hereof and supersedes any prior agreement or understandings among them with respect to the subject matter hereof (including the Third A&R Operating Agreement), and it may not be modified or amended in any manner other than as set forth herein.
NPA, as the Managing Member of AST, shall have the option to elect to have the AST Common Units redeemed for either shares of Class A Common Stock or cash as set forth in the A&R Operating Agreement (the “Cash Settlement”).
Notwithstanding any other provision of this Agreement (including Section 13.1), in the event that the IPO is not consummated prior to the date that is 15 Business Days after the date of this Agreement, then this Agreement shall automatically, with no action required by any Member, on such date be amended and restated in its entirety back to the Third A&R Operating Agreement and, upon such automatic amendment and restatement of this Agreement, this Agreement shall be of no force and effect.
These documents included the BMWH A&R Operating Agreement which was reviewed by PacifiCorp and which establishes that Greenbriar controls 100% of Blue Mountain based on its 50% vested majority interest in BMWH and additional vested option to buy the remaining ownership interest in Blue Mountain from Champlin upon payment of the purchase price set forth in the Operating Agreement.
At the Effective Time, the A&R Operating Agreement shall be the limited liability company agreement of the Surviving Company.