Terms Defined Herein. As used herein and in the Settlement Procedures (as defined below), the following terms shall have the following meanings, unless the context otherwise requires:
Terms Defined Herein. As used herein, the following terms shall have the following meanings, unless the context otherwise requires:
Terms Defined Herein. As used herein, the following terms have the following meanings:
Terms Defined Herein. In addition to the terms defined in Section 1.1 above, the following terms shall, unless the context otherwise requires, have the meanings set forth in this Agreement in the section set forth next to such term. Defined Term Section
Terms Defined Herein. In addition to terms defined elsewhere in this Agreement, the following terms have the respective meanings set forth below or in the Sections referred to below:
Terms Defined Herein. The following capitalized words and phrases shall have the following respective meanings as used herein, except as may be otherwise expressly provided in this Agreement or unless the context otherwise specifies.
Terms Defined Herein. For purposes of this Agreement, the following terms and variations thereof have the meanings set forth below:
Terms Defined Herein. The following definitions shall be for all purposes, unless otherwise clearly indicated to the contrary, applied to the terms used in this Agreement.
Terms Defined Herein. 1 ARTICLE II
Terms Defined Herein. Certain terms used in this Agreement are defined in the Tax Exhibit (defined below). As used herein, the following terms shall have the following meanings, unless the context otherwise specifies: "Act" means the Kansas Revised Limited Liability Company Act, as amended from time to time. "Agreed Value" means the aggregate value of the Company as last agreed upon in writing from time to time by all Members. Such writing shall bear its effective date. Any writing executed by the Members setting forth the Agreed Value shall be effective until the earlier of the execution of a new writing signed by the Members setting forth the Agreed Value or twenty-four (24) months. The Members may at any time execute a new writing setting forth the Agreed Value, which shall automatically replace all prior writings with respect to Agreed Value, and in no event shall any but the last writing setting forth the Agreed Value be effective. Such writings setting forth the Agreed Value may be in the form or substantially in the form of Schedule D attached hereto. "Agreement" means this Operating Agreement of the Company, as amended from time to time. "Articles" means the Articles of Organization of the Company filed with the Kansas Secretary of State, as amended from time to time. "Available Cash" means the aggregate amount of cash on hand or in bank, money market or similar accounts of the Company at any given time derived from any source (other than Capital Contributions and liquidation transactions) which the Manager determines is available for distribution to the Members in accordance with the Act any applicable contractual covenants after all current debt service obligations of the Company are satisfied, after any Required Distributions and after taking into account any amount required or appropriate to maintain a reasonable amount of Reserves. "Bankruptcy," with respect to any Person, means the entry of an order for relief against such Person under the United States Bankruptcy Code, the insolvency of such Person under any state insolvency act or any other event of "bankruptcy" with respect to such Person as described in the Act. "Business" means the business to be conducted by the Company with respect to the license and operation of the data processing system in accordance with this Agreement. "Capital Account" means the separate bookkeeping account established and maintained for each Member by the Company pursuant to Section 3.3. "Capital Contribution," with respect to a Memb...
