Common use of Classes of Units Clause in Contracts

Classes of Units. All interests of the Members in distributions and other amounts specified in this Agreement, as well as the rights of the Members to vote on, consent to, or approve any matter related to the Company, shall be denominated in units of membership interests in the Company (each a “Unit” and collectively, the “Units”); and the relative rights, privileges, preferences and obligations of the Members with respect to Units shall be determined under this Agreement and the Act to the extent provided herein and therein. The number and the class of Units held by each Member shall be set forth opposite each Member’s name on the Schedule of Members. The classes of Units as of the Effective Date are as follows: Common Units (the “Common Units”); and Series A Convertible Preferred Units (the “Series A Preferred Units”). The Series A Preferred Units shall be convertible into Common Units in accordance with the provisions of Section 2.1(c). The Company shall at all times keep available a sufficient number of Common Units for issuance upon conversion of the Series A Preferred Units. The Company shall be authorized to issue not more than 100,000,000 Common Units and not more than 24,329,545 Series A Preferred Units.

Appears in 2 contracts

Samples: Limited Liability Company Agreement, Limited Liability Company Agreement (Gigamon LLC)

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Classes of Units. All interests of the Members in distributions and other amounts specified in this Agreement, as well as the rights of the Members to vote on, consent to, or approve any matter related to the Company, shall be denominated in units of membership interests in the Company (each a “Unit” and collectively, the “Units”); and the relative rights, privileges, preferences and obligations of the Members with respect to Units shall be determined under this Agreement and the Act to the extent provided herein and therein. The number and the class of Units held by each Member shall be set forth opposite each Member’s name on the Schedule of Members. The classes of Units as of the Effective Date are as follows: Common Units (the “Common Units”); and Series A Convertible Preferred Units (the “Series A Preferred Units”). The Series A Preferred Units shall be convertible into Common Units in accordance with the provisions of Section 2.1(c). The Company shall at all times keep available a sufficient number of Common Units for issuance upon conversion of the Series A Preferred Units, which may carry designations as an alphabetically sequential series. The Company shall be authorized to issue not more than 100,000,000 1,000,000 Common Units and not more than 24,329,545 Series A 24,000 Preferred Units.

Appears in 1 contract

Samples: Limited Liability Company Agreement

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Classes of Units. All interests of the Members in distributions and other amounts specified in this Agreement, as well as the rights of the Members to vote on, consent to, or approve any matter related to the Company, shall be denominated in units of membership interests in the Company (each a “Unit” and collectively, the “Units”); and the relative rights, privileges, preferences and obligations of the Members with respect to Units shall be determined under this Agreement and the Act to the extent provided herein and therein. The number and the class of Units held by each Member shall be set forth opposite each Member’s name on the Schedule of Members. The classes of Units as of the Effective Date are as follows: Common Units (the “Common Units”); and Series A Convertible Redeemable Preferred Units (the “Series A Preferred Units”) and Series B Preferred Units (the “Series B Preferred Units”). The Common Units shall have no voting rights and be redeemable by the Company in accordance with the provisions of Section 2.1(e). The Series A Preferred Units shall have no voting rights, be convertible into Common Units common stock of BYOC (as defined below) in accordance with the provisions of Section 2.1(c2.1(d) and shall be redeemable by the Company for cash in accordance with the provisions of Section 2.1(e). The Series B Preferred Units shall have sole voting rights and be redeemable by the Company shall at all times keep available a sufficient number in accordance with the provisions of Common Units for issuance upon conversion of the Series A Preferred UnitsSection 2.1(g). The Company shall be authorized to issue not more than 100,000,000 10,000 Common Units, not more than 250,000 Series A Preferred Units and not more than 24,329,545 1 Series B Preferred Unit. Each Series A Preferred UnitsUnit shall have a stated value equal to $1.00, each Series B Preferred Unit shall have a stated value equal to $0.01, and each Common Unit shall have a stated value equal to $0.01 (the “Stated Value”).

Appears in 1 contract

Samples: Limited Liability Company Agreement (Beyond Commerce, Inc.)

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