The Operating Agreement Sample Clauses

The Operating Agreement. The operating agreement of Merger Sub in effect at the Effective Time shall be the operating agreement of the Surviving Entity (the “Operating Agreement”), until thereafter amended as provided therein or by applicable law.
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The Operating Agreement. The list of documents comprising the Operating Agreement attached hereto as Schedule 2 to this Agreement is true, accurate and complete Operating Agreement and, except as set forth therein, the Operating Agreement has not been modified or amended. Neither Seller nor, to Seller's knowledge, any of the parties to the Operating Agreement is in default under the Operating Agreement that remains uncured (and Seller has no knowledge of any event or condition which, with the passage of time or the giving of notice, would constitute a material default thereunder). To Seller's knowledge, the Operating Agreement is in full force and effect. Notwithstanding anything to the contrary contained herein, Seller shall have no obligation or liability to Buyer with respect to any of the foregoing matters which shall be confirmed as correct in any Anchor Estoppel Certificate, determined on a case by case basis.
Sample 1
The Operating Agreement. The respective rights and obligations of Oxis and Xxxxxx relating to the Company, its management and operations, and their ownership and disposition of their Shares, will be governed by the provisions of the Operating Agreement. To the extent there is any inconsistency between the provisions of this Agreement and the Operating Agreement, the provisions of this Agreement will govern.
Sample 1
The Operating Agreement. The Parties hereto shall execute the Operating Agreement attached as Exhibit "C" contemporaneously with the execution of this Joint Venture Agreement. Article VI of the Operating Agreement is intended by the Parties to contain their full and complete understanding with respect to the development of the Contract Area and with respect to all oil and gas xxxxx to be drilled by the Parties within the Contract Area. The Parties further agree to enter into separate Operating Agreements in the same form as Exhibit "C" for any Additional Contract Areas developed by the Parties.
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The Operating Agreement. The LLC, and the Parties ----------------------- obligations and duties in connection therewith, shall be governed by the Operating Agreement which will be executed immediately prior to or concurrently with the Detoxahol Transfer, and is incorporated as though fully set forth herein.
Sample 1
The Operating Agreement 
Sample 1

Related to The Operating Agreement

  • Operating Agreement You haves received and read a copy of the Company’s Operating Agreement (the “Operating Agreement”) and agree that your execution of this Agreement constitutes your consent to and execution of the Operating Agreement, and, that upon acceptance of this Agreement by the Company, you will become a member of the Company as a holder of Shares. When this Agreement is countersigned by the Company, the Operating Agreement shall be binding upon you as of the closing date.

  • Joint Operating Agreement (JOA) Within six (6) months from the Effective Date, the Participants shall enter into the Joint Operating Agreement which shall embody the principles stipulated in this JOA Heads of Agreement and it may include such other provisions as customarily used by international petroleum industry and shall continue in effect as long as the Contract is in effect. (End of Addendum One)

  • Property Management Agreement The Property Management Agreement is in full force and effect and, to Borrower's Knowledge, there are no defaults thereunder by any party thereto and no event has occurred that, with the passage of time and/or the giving of notice would constitute a default thereunder.

  • The Management Agreement Borrower shall use commercially reasonable efforts to cause Manager to manage the Property in accordance with the Management Agreement. Borrower shall (a) diligently perform and observe all of the material terms, covenants and conditions of the Management Agreement on the part of Borrower to be performed and observed, (b) promptly notify Agent of any notice to Borrower or Manager of any default by Borrower in the performance or observance of any material terms, covenants or conditions of the Management Agreement on the part of Borrower to be performed and observed, and (c) promptly deliver to Agent a copy of all material notices received by it (including, without limitation, any notices relating to the Ground Lease, the Reciprocal Easement and any Joint Manager (as defined in the Reciprocal Easement Agreement) and, upon request by Agent, any other financial statement, business plan, capital expenditures plan, report and estimate received by it under the Management Agreement (but excluding any immaterial general correspondence and internal discussion drafts of any such plans, reports or estimates); and (iv) promptly enforce the performance and observance of all of the material covenants required to be performed and observed by Manager under the Management Agreement. If Borrower shall default in the performance or observance of any material term, covenant or condition of the Management Agreement on the part of Borrower to be performed or observed, then, without limiting Agent’s other rights or remedies under this Agreement or the other Loan Documents, and without waiving or releasing Borrower from any of its obligations hereunder or under the Management Agreement, Agent shall have the right, but shall be under no obligation, to pay any sums and to perform any act as may be appropriate to cause all the material terms, covenants and conditions of the Management Agreement on the part of Borrower to be performed or observed.

  • Operating Partnership Agreement The Operating Partnership Agreement, in substantially the form attached hereto as Exhibit B, shall have been executed and delivered by the partners of the Operating Partnership and shall be in full force and effect and, except as contemplated by Section 2.03 or the other Formation Transaction Documents, shall not have been amended or modified.

  • Management Agreement The Management Agreement is in full force and effect and there is no default thereunder by any party thereto and no event has occurred that, with the passage of time and/or the giving of notice would constitute a default thereunder.

  • Marketing Agreement The Company shall have entered into, ------------------- executed and delivered the Marketing Agreement.

  • Services Agreement “Services Agreement” shall mean any present or future agreements, either written or oral, between Covered Entity and Business Associate under which Business Associate provides services to Covered Entity which involve the use or disclosure of Protected Health Information. The Services Agreement is amended by and incorporates the terms of this BA Agreement.

  • Master Services Agreement This Agreement is a master agreement governing the relationship between the Parties solely with regard to State Street’s provision of Services to each BTC Recipient under the applicable Service Modules.

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