Amendment of Operating Agreement. Pursuant to Section 18-209(f) of the Delaware Act, and notwithstanding Article X hereof, an agreement of merger, consolidation or other business combination approved in accordance with this Article XI may (a) effect any amendment to this Agreement or (b) effect the adoption of a new operating agreement for a limited liability company if it is the Surviving Business Entity. Any such amendment or adoption made pursuant to this Section 11.5 shall be effective at the effective time or date of the merger, consolidation or other business combination.
Appears in 7 contracts
Samples: Operating Agreement, Operating Agreement (Oaktree Capital Group, LLC), Operating Agreement (Oaktree Capital Group, LLC)
Amendment of Operating Agreement. Pursuant to Section 1817-209(f211(g) of the Delaware Act, and notwithstanding Article X hereof, an agreement of merger, merger or consolidation or other business combination approved in accordance with this Article XI XIV may (a) effect any amendment to this Agreement or (b) effect the adoption of a new operating agreement for a limited liability company the Company if it is the Surviving Business Entity. Any such amendment or adoption made pursuant to this Section 11.5 14.5 shall be effective at the effective time or date of the merger, consolidation merger or other business combinationconsolidation.
Appears in 2 contracts
Samples: Operating Agreement (Niska Gas Storage Partners LLC), Operating Agreement (Niska Gas Storage Partners LLC)