Newco Operating Agreement means the Limited Liability Company Operating Agreement of Newco which, subject to Section 5.8 of this Agreement, shall be in such form, and shall contain such terms and conditions, as shall have been mutually agreed to by BNAC and Trump.
Examples of Newco Operating Agreement in a sentence
For the avoidance of doubt, any amendment, supplement, waiver or modification of the provisions of this Agreement, including any Schedules hereto, by the Parties shall be deemed a Related Party Transaction (as such term is defined in the Newco Operating Agreement) subject to Section 10.02 of the Newco Operating Agreement.
Amended and Restated Newco Operating Agreement means the operating agreement of Newco to be entered into at the Closing and attached at Exhibit A hereto.
Effective as of the Closing, (i) Ruby shall adopt, execute and deliver the Ruby Newco Operating Agreement in its capacity as a holder of Ruby Newco Class A Units and (ii) each of Ruby and Ruby Newco shall adopt, execute and deliver the Ruby Internal Agreement.
The Ruby Newco Class B Units constituting part of such Merger Consideration (if any), at Ruby Newco's option, shall be issued in the form of physical certificates in accordance with the Ruby Newco Operating Agreement.
To the extent (i) GE and Comcast agree on a further developed initial post-closing strategic plan or (ii) Comcast designates an initial post-closing strategic plan that is different from the Preliminary Initial Strategic Plan, Exhibit B to the Form of Newco Operating Agreement attached hereto as Exhibit I shall be deemed replaced with the initial post-closing strategic plan so agreed upon or designated, as the case may be.