Common use of AMENDMENT OF CERTIFICATE OF FORMATION AND AGREEMENT Clause in Contracts

AMENDMENT OF CERTIFICATE OF FORMATION AND AGREEMENT. Except as otherwise expressly set forth in this Agreement, the Certificate of Formation of the Company and this Agreement may be amended, supplemented or restated by the Managers without the consent of the Members, provided (a) the amendment will not affect the method of calculating allocations and distributions to any Member hereunder; and (b) the Managers gives written notice to each Member of the proposed amendment no less than sixty (60) days prior to the effective date of the proposed amendment.

Appears in 6 contracts

Samples: Company Agreement (Golfsmith International Holdings Inc), Company Agreement (Fiber Glass Systems Lp), Company Agreement (Golfsmith International Holdings Inc)

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AMENDMENT OF CERTIFICATE OF FORMATION AND AGREEMENT. Except as otherwise expressly set forth in this Agreement, the Certificate of Formation of the Company and this Agreement may be amended, supplemented or restated by the Managers without the consent of the Members, Members provided (a) the amendment will not affect the method of calculating allocations and distributions to any Member hereunder; and (b) the Managers gives written notice to each Member of the proposed amendment no less than sixty (60) days prior to the effective date of the proposed amendment.

Appears in 2 contracts

Samples: Company Agreement (Golfsmith International Holdings Inc), Company Agreement (Golfsmith International Holdings Inc)

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AMENDMENT OF CERTIFICATE OF FORMATION AND AGREEMENT. Except as otherwise expressly set forth in this Agreement, the Certificate of Formation of the Company and this Agreement may be amended, supplemented or restated by the Managers without the consent of the Members, provided (a) the amendment will not affect the method of calculating allocations and distributions to any Member hereunder; and (b) the Managers gives give written notice to each Member of the proposed amendment no less than sixty (60) days prior to the effective date of the proposed amendment.

Appears in 1 contract

Samples: Company Agreement (Environmental Procedures Inc)

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