Third Amended and Restated Operating Agreement definition

Third Amended and Restated Operating Agreement has the meaning set forth in the Recitals.
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Third Amended and Restated Operating Agreement or “Agreement” shall mean this Third Amended and Restated Operating Agreement as originally executed and as amended from time to time.
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Third Amended and Restated Operating Agreement means the Third Amended and Restated Operating Agreement, dated as of January 15, 2010, and as amended on June 30, 2010.
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Examples of Third Amended and Restated Operating Agreement in a sentence

  • The Third Amended and Restated Operating Agreement of the Company in the form attached hereto as Exhibit B (the “Revised Operating Agreement”), shall have been duly executed by the Company and the Sellers, and the Company and the Sellers shall not be in breach of any of the covenants or provisions set forth in the Revised Operating Agreement.

  • Prior to the issuance of any Optioned Interests to the Optionee, Optionee shall be required to become a party to and agree to be bound by the Company’s Third Amended and Restated Operating Agreement dated April 17, 2014 (the “Operating Agreement”), by executing a Joinder Agreement, a form of which is attached to the Option Agreement.

  • Without the prior written consent of Lender, Borrower shall not enter into any transaction which either shall cause the Class C Member to own less than 45% of the outstanding sharing ratios of the Borrower (as defined in Borrower’s Third Amended and Restated Operating Agreement), or cause the ownership of the Class C Member to be beneficially held by any person other than The Summit Group, Inc., Kxxxx X.

  • Borrower shall have furnished Lender copies, certified to Lender by a manager of Borrower to be true and correct as of the date hereof, of the Articles of Organization and the Third Amended and Restated Operating Agreement of Borrower, plus any amendments thereto, of Borrower and a Borrowing Resolution authorizing the execution and delivery of the Loan Documents.

  • Under the Company’s Third Amended and Restated Operating Agreement, the Company is required to issue an identical amount of common units to Evolent Health, Inc.

  • We have summarized the material terms and provisions of the Third Amended and Restated Operating Agreement of Iroquois Valley Farms LLC, as amended, which we refer to as the “operating agreement.” MANAGEMENT OF THE OPERATING COMPANY Iroquois Valley Farms LLC (“Iroquois Valley LLC”) was organized on June 5, 2007 and is the operating entity that acquires and holds assets on our behalf.

  • Each restricted unit granted hereunder (a “Restricted Unit”) represents one Unit of the Company as defined in the Company’s Third Amended and Restated Operating Agreement, as it may be amended from time to time (the “LLC Agreement”), and is subject to the terms of the LLC Agreement as well as the restrictions specified in this Agreement.

  • Upon any transfer of LLC Units pursuant to Section 7.3 of the Third Amended and Restated Operating Agreement of H.D.D. LLC, the Corporation shall issue to and register in the name of the transferee of such LLC Units, one share of Class B Common Stock.

  • Amended and Restated Members' Agreement dated as of September 30, 1999 among Advanced Accessory Systems, LLC (F/K/A AAS Holdings, LLC) and the members thereof Third Amended and Restated Operating Agreement dated as of September 30, 1999 of Advanced Accessory Systems, LLC (F/K/A AAS Holdings, LLC) and the members thereof Shareholders Agreement dated March 23, 1999 by and among MascoTech, Inc., American Commercial Plastics, Inc., and Innovative Coating Technologies, Inc.

  • The rights of a Holder hereunder may be assigned (but only with all related obligations as set forth below) in connection with a Transfer of Class B common units, shares of Class B Common Stock or Registrable Securities effected in accordance with the terms of the Third Amended and Restated Operating Agreement of Evolent Health LLC and this Agreement to a Permitted Transferee of that Holder.


More Definitions of Third Amended and Restated Operating Agreement

Third Amended and Restated Operating Agreement means that certain Third Amended and Restated Limited Liability Company Operating Agreement of the Company dated as of March 26, 2013.
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Related to Third Amended and Restated Operating Agreement

  • Second Amended and Restated Credit Agreement shall have the meaning assigned to such term in the recitals of this Agreement.

  • Amendment and Restatement Agreement means the Amendment and Restatement Agreement, dated as of January 29, 2016, among the Borrowers, the Lenders party thereto and the Administrative Agent.

  • Amended and Restated Credit Agreement has the meaning specified in the recitals to this Agreement.

  • Amended and Restated Bylaws means the Amended and Restated Bylaws of the Fund in effect at the time the Registration Statement relating to the Preferred Shares is declared effective by the Securities and Exchange Commission, specifying the powers, preferences and rights of the Preferred Shares.

  • Amendment Agreement shall have the meaning assigned to such term in the recitals hereto.

  • Waiver Agreement means an agreement between

  • New Management Agreement means the management agreement to be entered into between Buyer and the Manager for the operation and management of the Hotel on and after the Closing Date.

  • Restatement Agreement has the meaning set forth in the introductory statement of this Agreement.

  • Co-operation Agreement means the agreement between the Exchange and Oslo Børs with regards to the access to the Linked Order Book;

  • Asset Management Agreement means, as the context requires, any agreement entered into between a Series and an Asset Manager pursuant to which such Asset Manager is appointed as manager of the relevant Series Assets, as amended from time to time.

  • Hotel Management Agreement means any hotel management agreement relating to the management and operation of the Real Property together with all supplements, amendments and modifications thereto.

  • Operating Agreement means the agreement, whether or not referred to as an operating agreement and whether oral, in a record, implied, or in any combination thereof, of all the members of a limited liability company, including a sole member, concerning the matters described in section 489.110, subsection 1. The term includes the agreement as amended or restated.

  • Strategic Alliance Agreement means the Strategic Alliance Agreement among the Corporation, Ciba-Geigy Limited and Ciba-Geigy Corporation, dated as of September 29, 1995, as amended, and any of their respective permitted successors or assigns thereunder. ANNEX A NOTICE OF GRANT EMPLOYEE STOCK OPTION HEXCEL CORPORATION INCENTIVE STOCK PLAN The following employee of Hexcel Corporation, a Delaware corporation ("Hexcel") or a Subsidiary, has been granted an option to purchase shares of the Common Stock of Hexcel, $.01 par value, in accordance with the terms of this Notice of Grant and the Employee Option Agreement to which this Notice of Grant is attached. The following is a summary of the principal terms of the option which has been granted. The terms below shall have the meanings ascribed to them below when used in the Employee Option Agreement. ----------------------------------------------------------------------------- Optionee ----------------------------------------------------------------------------- Address of Optionee ----------------------------------------------------------------------------- Employee Number ----------------------------------------------------------------------------- Employee ID Number ----------------------------------------------------------------------------- Foreign Sub Plan, if applicable ----------------------------------------------------------------------------- Grant Date October 13, 1998 ----------------------------------------------------------------------------- Purchase Price $8.75 ----------------------------------------------------------------------------- Aggregate Number of Shares Granted (the "Option Shares") -----------------------------------------------------------------------------

  • Foundation Agreement means the agreement dated the 20th February 1985 made between the Trustee, the Manager, Xxxxxxxx, Genting WA and Tileska providing for the subscription of Units and Options;

  • SPS Agreement means the Agreement on the Application of Sanitary and Phytosanitary Measures which is a part of the WTO Agreement; Subheading means the first six digits in the tariff classification number under the HS; Territory means:

  • Eighth Amendment means the Eighth Amendment to Second Amended and Restated First Lien Credit Agreement dated as of May 23, 2014 among the Borrower, EPL, the Lenders, the Administrative Agent and the other Persons party thereto.

  • Parent Agreement has the meaning given to it in Clause 12;

  • Seventh Amendment means that certain Seventh Amendment to Credit Agreement, dated as of November 9, 2017, among the Borrower, the Guarantors, the Administrative Agent and the Lenders party thereto.

  • Voting Agreement has the meaning set forth in the Recitals.

  • the First Variation Agreement means the agreement a copy of which is set forth in the Second Schedule;

  • MCIP Agreement means the Agreement for the Development of a Joint County Industrial and Business Park (2010 Park) dated as of December 1, 2010, as amended, between the County and Xxxxxxxx County, South Carolina, as the same may be further amended or supplemented from time to time, or such other agreement as the County may enter with respect to the Project to offer the benefits of the Special Source Revenue Credits to the Company hereunder.

  • Existing Management Agreement means that certain management agreement between the Seller and the Existing Manager for the operation and management of the Hotel.

  • Investment Management Agreement means the Investment Management Agreement made

  • SCM Agreement means the Agreement on Subsidies and Countervailing Measures in Annex 1A to the WTO Agreement;

  • Reaffirmation Agreement means the Reaffirmation Agreement dated as of the Closing Date by the Borrower and the Guarantors to the Administrative Agent for the benefit of the Secured Parties.

  • Alliance Agreement has the meaning given to such term in paragraph 11.2 of Schedule 13 (Information and Industry Initiatives);