Amendment to the Operating Agreement. The Operating Agreement is hereby amended as follows:
Amendment to the Operating Agreement. As of the Closing Time, the Operating Agreement is amended as follows:
(a) The defined term “Company Development Opportunity” in Section 1.01 is deleted in its entirety and replaced with the following:
Amendment to the Operating Agreement. The Operating Agreement is hereby amended as follows:
Section 1.1. Section 5.2(f) of the Operating Agreement is hereby deleted in its entirety and replaced with the following:
Amendment to the Operating Agreement. As of the Effective Date, the Operating Agreement is amended as follows:
Amendment to the Operating Agreement. The Operating Agreement is amended as follows:
(a) The following definitions are added to Section 1.01:
Amendment to the Operating Agreement. The Company, the Founders and the Purchaser will have entered into the Amendment to the Operating Agreement in form and substance reasonably satisfactory to each of them and their respective counsel, which Amendment to the Operating Agreement, it is hereby agreed, will incorporate the terms set forth on Exhibit D hereto.
Amendment to the Operating Agreement. Effective on the Initial Closing Date, the Company, NorthStar and Chain Bridge shall enter into an amendment (“Amendment No. 1 to the Operating Agreement”) to that certain Amended and Restated Limited Liability Company Agreement, dated as of July 9, 2008, by and among the Company, NorthStar and Chain Bridge (as amended, the “Operating Agreement”) substantially in the form of Exhibit B hereto.
Amendment to the Operating Agreement. The parties hereto agree to execute an Amendment to the Operating Agreement of Surviving Entity reflecting the changes agreed to herein if the members or managers of the Surviving Entity deem that such an amendment is necessary or desirable.
Amendment to the Operating Agreement. (a) This Operating Agreement may be amended or modified from time to time only by written instrument approved with Member Consent.
(b) Notwithstanding the foregoing, the Manager shall have the power, without Member Consent, to amend this Operating Agreement as may be required to facilitate or implement any of the following purposes:
(i) to add to the obligations of the Manager or surrender any right or power granted to the Manager for the benefit of the Members;
(ii) to reflect the issuance of additional Membership Interests or the admission, substitution, termination, or withdrawal of Members in accordance with this Operating Agreement, including to amend the terms of Exhibit A to reflect such events;
(iii) to reflect a change that is of an inconsequential nature and does not adversely affect the Members in any respect, or to cure any ambiguity in, correct or supplement any provision in this Operating Agreement that will not be inconsistent with applicable law or with the provisions of this Operating Agreement; or
(iv) to satisfy any requirements, conditions, or guidelines contained in any order, directive, opinion, ruling or regulation of a federal or state agency or contained in federal or state law.
(c) The Manager will provide Notice to the other Members when any action under this Section 5.2 is taken.
(d) Notwithstanding the foregoing, this Operating Agreement shall not be amended, and no action may be taken by the Manager or the Members, without the consent of each Member adversely affected if such amendment or action would:
(i) modify the limited liability of a Member;
(ii) alter rights of the Member to receive distributions or the allocations specified herein;
(iii) reduce the percentage of Members required to consent to any matter in this Operating Agreement; or
(iv) amend this Section 5.2(d). Further, no amendment may alter the restrictions on the Manager's or the Member's authority set forth in this Section 5.2(d) or elsewhere in this Operating Agreement without the consent specified in such Section.
Amendment to the Operating Agreement. The Agreement is hereby amended as follows: each reference in the Agreement and the Schedules and Appendices to the Agreement to “Choice One of New York Inc.” is deleted and replaced with “Choice One Communications of New York Inc.”
