Amendment to Operating Agreement. Each Exchanging Party acknowledges -------------------------------- and agrees that, effective as of the Closing, this Agreement shall constitute an amendment of those provisions of the Operating Agreement which are inconsistent with the provisions of this Agreement. Each Exchanging Party consents to and approves such amendment, subject to its effectiveness. The provisions of the Operating Agreement as in effect on the date hereof will continue to apply to each Exchanging Party until the Closing.
Amendment to Operating Agreement. Section 4.2(a) of the Operating Agreement is hereby amended and restated in its entirety as follows:
Amendment to Operating Agreement. Pursuant to Section 14.09 of the Operating Agreement, the Members holding at least 60% of the outstanding Voting Units hereby amend the Operating Agreement to set forth the rights, powers, privileges, restrictions, qualifications, and limitations of the Preferred Units, as specified in Exhibit I hereto.
Amendment to Operating Agreement. Upon transfer of Membership Rights if less than all of the Membership Rights, the Member and the transferee shall adopt such amendments to this Operating Agreement in order to recognize and provide for the fact that the Company has more than one Member and to facilitate the taxation of the Company as a partnership for purposes of state and federal income tax laws.
Amendment to Operating Agreement. This Amendment (“Amendment”) is made as of September 15, 2003, by and between Xxxxxxx Xxxxxx & Co., Inc. (“Schwab”), a California corporation, and each registered investment company (“Fund Company”) executing this Amendment on its own behalf and on behalf of each of its series or classes of shares (“Fund(s)”) listed on Schedule I hereto, and amends the Operating Agreement between the parties, made as of October 6, 1995, as amended thereafter (“Operating Agreement”). All capitalized terms used in the Amendment and not defined herein shall have the meaning ascribed to them in the Operating Agreement.
Amendment to Operating Agreement. Notwithstanding Section 9.1(b) of the Operating Agreement, the Assignor shall not be responsible for any expenses incurred by the Exhibit B Company in connection with the transactions contemplated by this Assignment, except to the extent contemplated by the Contribution Agreement. Notwithstanding Section 9.5 of the Operating Agreement, the Assignor shall be released of all its obligations under the Operating Agreement with respect to the Company, except to the extent contemplated by the Contribution Agreement.
Amendment to Operating Agreement. 1.1 SECTION 1.1. Section 1.1 of the Operating Agreement is hereby amended to replace the definition of the term Exempted Securities with the following definition:
Amendment to Operating Agreement. Immediately following the Effective Date, Buyer shall cause the Company to amend its Operating Agreement to reflect Buyer as the owner of 100% of the ownership interests in the Company.
Amendment to Operating Agreement. The Amendment to the Operating Agreement described in the Form S-4 shall have been approved by the Company Manager, as defined in the Operating Agreement, and by holders of a majority of the aggregate voting power of the Class A and Class A-1 Membership Interests, voting as a single group at a special meeting of Class A and Class A-1 Members held for such purpose.
Amendment to Operating Agreement. Effective as of the Effective Time (as hereinafter defined), each of BCH, OMX and FPH agree that the Operating Agreement is hereby amended and restated in the form of Exhibit A attached hereto and that, from and after the Effective Time, all references to the Operating Agreement shall be references to the Operating Agreement as so amended and restated. Notwithstanding the foregoing, BCH shall be entitled to amend the Schedule of Members to the Operating Agreement to reflect the transactions contemplated hereby.
