Amendment to LLC Agreement. Each Exchanging Member acknowledges and agrees that, at the Effective Time, this Agreement shall constitute an amendment of those provisions of the LLC Agreement which are inconsistent with the provisions of this Agreement. Each Exchanging Member consents to and approves such amendment, subject to its effectiveness. The provisions of the LLC Agreement as in effect on the date hereof will continue to apply to all Exchanging Members until the Effective Time.
Amendment to LLC Agreement. Any provisions of the LLC Agreement inconsistent with the provisions of this Agreement are hereby deemed amended to the extent necessary to be consistent with the provisions of this Agreement. [SIGNATURE PAGES FOLLOW.]
Amendment to LLC Agreement. Schedule A hereto sets forth the Members Schedule as of the execution of this Amendment.
Amendment to LLC Agreement. (a) Schedule A hereto sets forth the Members Schedule as of the execution of this Amendment.
(b) Section 3.1(c)(i) of the LLC Agreement shall be replaced in its entirety with the following: Until the earlier of (x) the date that is 12 months from the date hereof or (y) the date of termination of the Licensing Agreement, Teekay Corporation will have the right to elect one TK Director.
Amendment to LLC Agreement. Neither the adoption of the Incentive Plan nor any award made hereunder shall restrict in any way the adoption of any amendment to the LLC Agreement in accordance with the terms of the LLC Agreement.
Amendment to LLC Agreement. Upon execution of this Amendment, the LLC Agreement is hereby amended as follows.
(a) Section 7.1(a) of the LLC Agreement is hereby deleted in its entirety and replaced with the following:
(a) Net Losses shall be allocated among the Members as follows:
(i) First, to the Members in a manner that corresponds, in reverse chronological order, to the allocations of Net Profits previously made, without duplication, pursuant to Section 7.1(b);
(ii) Second, to the Members in accordance with Equity Interests Percentages until the aggregate amount of Net Losses allocated to the Members pursuant to this Section 7.1(a)(ii) for the current and all previous Fiscal Years equals $10,000,000;
(iii) Third, to C&D until C&D's Adjusted Capital Account balance has been reduced to zero;
(iv) Fourth, to the Xxxxx Member until the Xxxxx Member's Adjusted Capital Account balance has been reduced to zero; and
(v) Fifth, the balance of any Net Losses to all Members in accordance with their Equity Interests Percentage;"
Amendment to LLC Agreement. Any amendment or modification of or to the LLC Agreement, except for amendments that are expressly contemplated by this Agreement or in the LLC Agreement.
Amendment to LLC Agreement. Simultaneously with entry into this Third Amendment, Buyer and Seller shall enter into that certain First Amendment to Amended and Restated Limited Liability Company Agreement of the Company, dated as of May 31, 2022, in the form set forth at Exhibit B hereto.
Amendment to LLC Agreement. The LLC Agreement is hereby amended by (i) replacing Exhibit A thereto with Exhibit A, attached hereto and (ii) appointing JNO as the sole Manager of San Diego Sunrise.
Amendment to LLC Agreement. Effective as of October 14, 2010, the LLC Agreement is hereby amended by:
(a) deleting Schedule 2 attached thereto in its entirety and replacing it with the Schedule 2 attached to this Amendment; and
(b) deleting the definition of the term “Carmike Subscription Agreement” in Section 1.1 of the LLC Agreement in its entirety and replacing it with the following: “shall mean that certain Subscription Agreement dated as of September 27, 2010, as amended or otherwise modified from time to time, by and between the Company and Carmike.”
