Amendment of Operating Agreement. Pursuant to Section 18-209(f) of the Delaware Act, 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, provided, that the Oaktree Member and the Brookfield Member shall have mutually approved the terms of such amendment or adoption to the extent that such approval would have been required to effect any such amendment or adoption pursuant to Section 10.1 (and, to the extent required, such consent shall be obtained in accordance with Section 10.1). 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 3 contracts
Samples: Operating Agreement (Brookfield Oaktree Holdings, LLC), Operating Agreement (Oaktree Capital Group, LLC), Operating Agreement (Oaktree Capital Group, LLC)
Amendment of Operating Agreement. Pursuant to Section 18-18- 209(f) of the Delaware Act, 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, provided, that the Oaktree Member and the Brookfield Member shall have mutually approved the terms of such amendment or adoption to the extent that such approval would have been required to effect any such amendment or adoption pursuant to Section 10.1 (and, to the extent required, such consent shall be obtained in accordance with Section 10.1). 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.. Section 11.6
Appears in 1 contract
