Common use of Additional Issuances of Units Clause in Contracts

Additional Issuances of Units. (a) The Board shall not offer to sell or otherwise issue additional Units to any Person unless (i) (x) the Board’s resolutions authorizing the sale or issuance of such additional Units describes in reasonable detail the Company’s business purpose for undertaking, and the terms of, such proposed issuance or (y) the Board shall have determined that such issuance of Units is, in their good faith judgment, necessary for the Company to avoid a liquidity crisis or a default or violation under any of the Company’s financing facilities or material contracts and (ii) the Board shall have complied with Section 3.6(b).

Additional Issuances of Units. (a) The Board shall not offer to sell or otherwise issue additional Units to any Person Person, including to any other Member, unless (i) (x) the Board’s resolutions authorizing the sale or issuance of such additional Units describes describe in reasonable detail the Company’s business purpose for undertaking, and the terms of, such proposed issuance or issuance, (y) the Board shall have determined that such issuance of Units is, in their good faith judgment, necessary advisable for the Company or (z) the Units are issued pursuant to avoid a liquidity crisis or a default or violation under any of the Company’s financing facilities or material contracts Section 3.6(c); and (ii) the Board shall have complied with Section Sections 3.6(b) and 3.6(c).