Common use of Amendments to be Adopted by the Company Clause in Contracts

Amendments to be Adopted by the Company. Each Member agrees that the appropriate officer of the Company, in accordance with and subject to the limitations contained in Article VII, may execute, swear to, acknowledge, deliver, file and record whatever documents may be required to reflect: (a) a change in the name of the Company, the location of the principal place of business of the Company or the registered agent or office of the Company; (b) admission or substitution of Members effected in accordance with this Agreement; (c) a change that the Members believe is reasonable and necessary or appropriate to qualify or continue the qualification of the Company as a limited liability company under the Laws of any state or that is necessary or advisable in the opinion of the Company to ensure that the Company will not be taxable as a corporation or otherwise taxed as an entity for federal income tax purposes; (d) a change that is necessary or appropriate for the Company to satisfy any requirements, conditions, guidelines or interpretations contained in any opinion, interpretative release, directive, order, ruling or regulation of any federal or state agency or judicial authority (including, without limitation, the Act); (e) an amendment that is necessary, in the opinion of counsel, to prevent the Company or its officers from in any manner being subjected to the provisions of the Investment Company Act of 1940, as amended, or "plan asset"

Amendments to be Adopted by the Company. Each Member agrees that the appropriate officer of the Company, in accordance with and subject to the limitations contained in Article VII, may amend the Company's certificate of formation, and execute, swear to, acknowledge, deliver, file and record whatever documents may be required to reflect: (a) a change in the name of the Company, the location of the principal place of business of the Company or the registered agent or office of the Company; (b) admission or substitution of Members effected in accordance with this Agreement; (c) a change that the Members believe appropriate officer of the Company believes is reasonable and necessary or appropriate to qualify or continue the qualification of the Company as a limited liability company under the Laws of any state or that is necessary or advisable in the opinion of the Company to ensure that the Company will not be taxable as a corporation or otherwise taxed as an entity for federal income tax purposes; (d) a change (i) that the appropriate officer of the Company believes does not adversely affect the Members in any material respect, or (ii) that is necessary or appropriate for the Company to satisfy any requirements, conditions, guidelines or interpretations contained in any opinion, interpretative release, directive, order, ruling or regulation of any federal or state agency or judicial authority (including, without limitation, the Act); (e) an amendment that is necessary, in the opinion of counsel, to prevent the Company or its officers from in any manner being subjected to the provisions of the Investment Company Act of 1940, as amended, or "plan asset"" regulations adopted under the Employee Retirement Income Security Act of 1974, as amended, whether or not substantially similar to plan asset regulations currently applied or proposed by the United States Department of Labor; (f) subject to the terms of Section 3.09, an amendment that the Company determines in its sole discretion to be necessary or appropriate in connection with the authorization for issuance of any Membership Interest pursuant to Section 3.09; and (g) any amendment expressly permitted in this Agreement to be made by the Company.

Amendments to be Adopted by the Company. Each Member agrees that the appropriate officer of the Company, in accordance with and subject to the limitations contained in Article VII, may execute, swear to, acknowledge, deliver, file and record whatever documents may be required to reflect: (a) a change in the name of the Company, the location of the principal place of business of the Company or the registered agent or office of the Company; (b) admission or substitution of Members effected in accordance with this Agreement; (c) a change that the Members believe is reasonable and necessary or appropriate to qualify or continue the qualification of the Company as a limited liability company under the Laws of any state or that is necessary or advisable in the opinion of the Company to ensure that the Company will not be taxable as a corporation or otherwise taxed as an entity for federal income tax purposes; (d) a change that is necessary or appropriate for the Company to satisfy any requirements, conditions, guidelines or interpretations contained in any opinion, interpretative release, directive, order, ruling or regulation of any federal or state agency or judicial authority (including, without limitation, the Act); (e) an amendment that is necessary, in the opinion of counsel, to prevent the Company or its officers from in any manner being subjected to the provisions of the Investment Company Act of 1940, as amended, or "plan asset"" regulations adopted under the Employee Retirement Income Security Act of 1974, as amended, whether or not substantially similar to plan asset regulations currently applied or proposed by the United States Department of Labor; and (f) subject to the terms of Section 3.10, an amendment that the Company determines in its sole discretion to be necessary or appropriate in connection with the authorization for issuance of any Membership Interest pursuant to Section 3.10.

Amendments to be Adopted by the Company. Each Member agrees that the appropriate officer of the Company, in accordance with and subject to the limitations contained in Article VII, may execute, swear to, acknowledge, deliver, file and record whatever documents may be required to reflect: (a) a change in the name of the Company, the location of the principal place of business of the Company or the registered agent or office of the Company; (b) admission or substitution of Members effected in accordance with this Agreement; (c) a change that the Members believe is reasonable and necessary or appropriate to qualify or continue the qualification of the Company as a limited liability company under the Laws of any state or that is necessary or advisable in the opinion of the Company to ensure that the Company will not be taxable as a corporation or otherwise taxed as an entity for federal income tax purposes; (d) a change that is necessary or appropriate for the Company to satisfy any requirements, conditions, guidelines or interpretations contained in any opinion, interpretative release, directive, order, ruling or regulation of any federal or state agency or judicial authority (including, without limitation, the Act); (e) an amendment that is necessary, in the opinion of counsel, to prevent the Company or its officers from in any manner being subjected to the provisions of the Investment Company Act of 1940, as amended, or "plan asset"" regulations adopted under the Employee Retirement Income Security Act of 1974, as amended, whether or not substantially similar to plan asset regulations currently applied or proposed by the United States Department of Labor; and (f) subject to the terms of Section 3.8, an amendment that the Company determines in its sole discretion to be necessary or appropriate in connection with the authorization for issuance of any Membership Interest pursuant to Section 3.8.