Classes of Membership Interests. As of the Effective Date and pursuant to this Agreement, the Membership Interests in the Company consist of Class A Units (the “Class A Units”) and Class B Units (the “Class B Units”). As of the Effective Date, after giving effect to the transactions set forth in Section 4.03 and in the Purchase Agreement, the Class A Units and the Class B Units shall be held by the Class A Member and the Class B Member, respectively, in the respective amounts set forth on Exhibit A. On and after the Effective Date, the Membership Interests represented by Class A Units and Class B Units will have the respective allocations, distributions, rights, powers, and preferences set forth in this Agreement.
Classes of Membership Interests. As of the Effective Date and pursuant to this Agreement, the Membership Interests in the Company consist of Class A Units (the “Class A Units”) and Class B Units (the “Class B Units”). As of the Effective Date, after giving effect to the transactions set forth in Section 4.03(a) and in the Purchase Agreement, the Class A Units and the Class B Units shall be held by NEP Member in the amounts set forth in Section I of Exhibit A hereto. As of the Initial Closing Date, after giving effect to the transactions set forth in Section 4.03(b) and in the Purchase Agreement, the Class A Units and the Class B Units shall be held by NEP Member and Initial Investor in the respective amounts set forth in Section II of Exhibit A hereto. If there is an Additional Closing, then, as of the Additional Closing Date, after giving effect to the transactions set forth in Section 4.03(c) and in the Purchase Agreement, the Class A Units and the Class B Units shall be held by NEP Member and Initial Investor in the respective amounts to be set forth in Section III of Exhibit A hereto (as may be amended prior to the Additional Closing Date to reflect the assignment to any Affiliates of Initial Investor of the right to purchase any of the Additional Aggregate Class B Purchased Units in accordance with the Purchase Agreement). On and after the Effective Date, the Membership Interests represented by Class A Units and Class B Units will have the respective allocations, distributions, rights, powers, and preferences set forth in this Agreement.
Classes of Membership Interests. The Company shall have a single class of Membership Interests. The holders of the Company's Units shall have the right to vote and the right to share in the Company's profits and/or losses as more fully specified herein. ARTICLE III
Classes of Membership Interests. As of the Effective Date and pursuant to this Agreement, the Membership Interests in the Company consist of Class A Units (the “Class A Units”) and Class B Units (the “Class B Units,” and collectively with the Class A Units, the “Units”). Immediately after giving effect to each of the XXXX/NEP APA Closing and the CEPF Closing, all of the Class A Units shall be held by the NEP CEPF Member and all of the Class B Units shall be held by the XXXX Member, in each case, representing the Pro Rata Share set forth opposite the name of each such Member in Exhibit A hereto. On and after the Effective Date, the Membership Interests represented by Class A Units and Class B Units, together with their respective Pro Rata Shares, will have the respective allocations, distributions, rights, powers, and preferences set forth in this Agreement with respect to such Class of Units.
Classes of Membership Interests. The Company shall have one authorized class of Membership Interests.
Classes of Membership Interests. The Membership Interests and the Units evidenced thereby shall constitute “securities” within the meaning of, and shall be governed by, Article 8 of the Uniform Commercial Code (including Section 8-102(a)(15) thereof) as in effect from time to in the State of Delaware. The Common Units set forth on Appendix A shall be issued to the Members on the Effective Date, 11,166,666 Common Units shall be reserved for issuance upon exercise of Options, 1,666,667 Common Units shall be reserved for issuance upon conversion of Series A Preferred Units, 3,900,000 Common Units shall be reserved for issuance upon conversion of the Series B Preferred Units, 275,000 Common Units shall be reserved for issuance upon exercise of Underwriter Options (including the warrants underlying units acquired upon such exercise), 233,000 Common Units shall be reserved for issuance to Chardan upon the issuance of the Chardan Ordinary Shares pursuant to the terms of the Warrant Sale Agreement and 1,570,000 Common Units shall be reserved for Employee Incentive Units. The Series B Preferred Units are separated into five sub-classes referred to as Series B-1 Preferred, Series B-2 Preferred, Series B-3 Preferred, Series B-4 Preferred and Series B-5 Preferred. Each Member is deemed to hold Membership Interests as specified on Appendix C. The Company shall not issue any Units or other Equity Securities or securities convertible or exchangeable for Equity Securities unless such Units or securities are convertible into Common Units. 1 Registered agent to be changed after closing.
Classes of Membership Interests. (a) The Company shall have two classes of Membership Interests. The first class of Membership Interests shall be designated “Class A Interests,” and the second class of Membership Interests shall be designated “Class B Interests.” The Company may create, authorize and issue additional Class A Interests or newly created classes of Membership Interests as the Manager shall determine. The Units initially to be acquired and held by each Member as of the date hereof are set forth opposite their respective names on Schedule A.
Classes of Membership Interests. Upon the effectiveness of this Agreement: (a) The authorized Membership Interests shall consist of Membership Interests classified as Common Membership Interests (the “Common Membership Interests”) and Membership Interests classified as Special Purpose Membership Interests (the “Special Purpose Membership Interests”). The Common Membership Interests and Special Purpose Membership Interests shall have the terms set forth in this Agreement. All Membership Interests outstanding hereunder shall be validly issued, fully paid and non-assessable, to the fullest extent permitted by Law. (b) (i) Each outstanding Membership Interest (other than those issued to the FE Member concurrently with the execution and delivery of this Agreement on account of the MAIT Class B Contribution) shall be automatically (without further action by the Members or the Company) classified as a Common Membership Interest and (ii) each outstanding Membership Interest issued to the FE Member concurrently with the execution and delivery of this Agreement on account of the MAIT Class B Contribution shall be automatically (without further action by any Member or the Company) classified as a Special Purpose Membership Interest. (c) By executing and delivering this Agreement, the Company, the FE Member and the Investor Member hereby acknowledge and agree that any and all restrictions and other requirements set forth in the Third A&R LLC Agreement against, that would prohibit or would otherwise be applicable to the MAIT Class B Contribution and the issuance of Membership Interests to the FE Member in respect thereto are hereby waived to the extent necessary to make such contribution and issuance effective as of the effectiveness of this Agreement. Section 1.7
Classes of Membership Interests. Upon the effectiveness of this Agreement:
Classes of Membership Interests. The Company’s Membership Interests consist of Common Membership Interests.
