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

Amendments to be Adopted Solely by the Managers. The Managers may, without the approval of any Member, amend any provisions of this Agreement, and execute, deliver, file and/or record all necessary documents that may be required in connection therewith (and any such amendment shall not be deemed to affect the Members disproportionally, materially or adversely affect the rights of the Members), as follows: (i) a change in the name of the Company, the location of the principal place of business of the Company, the registered agent of the Company or the registered office of the Company; (ii) the admission, substitution, withdrawal or removal of Members in accordance with this Agreement; (iii) a change in the fiscal year or taxable year of the Company and any other changes that the Manager determines to be necessary or appropriate as a result of a change in the fiscal year or taxable year of the Company; (iv) a change that, in the sole discretion of the Managers, it determines: (i) does not adversely affect the Members; (ii) to be necessary or appropriate to satisfy any requirements, conditions or guidelines contained in any opinion, directive, order, ruling or regulation of any federal or state agency or judicial authority or contained in any federal or state statute (including the Act), or (iii) is required to effect the intent expressed in any Offering document or the intent of the provisions of this Agreement or is otherwise contemplated by this Agreement; and (v) The Manager shall have the authority to execute and file any amendment to the Certificate required by the Act that it determines to be necessary or appropriate for the formation, continuation, qualification and operation of a limited liability company in the State of Idaho or any other state in which the Company may elect to do business or own property. The Company shall not be required, before or after filing, to deliver or mail a copy of the Certificate, any qualification document or any amendment thereto to any Member. If any such amendment results in inconsistencies between the Certificate and this Agreement, this Agreement will be considered to have been amended in the specifics necessary to eliminate fine inconsistencies.

Amendments to be Adopted Solely by the Managers. The Managers mayManagers, without the approval consent at the time of any Member, may amend any provisions provision of this Agreement, Agreement and execute, swear to, acknowledge, deliver, file and/or and record all necessary whatever documents that may be required in connection therewith (and any such amendment shall not be deemed therewith, to affect the Members disproportionally, materially or adversely affect the rights of the Members), as followsreflect: (ia) a change in the name of the Company, Company or the location of the principal place of business of the Company, the registered agent of the Company or the registered office of the Company; (iib) the admission, substitution, substitution or withdrawal or removal of Members in accordance with this Agreement; (iiic) a change that is necessary or advisable in the fiscal year or taxable year opinion of the Managers to qualify the Company and as a company in which members have limited liability under the laws of any state or other changes jurisdiction or to ensure that the Manager determines to Company will not be necessary or appropriate treated as an association taxable as a result of a change in the fiscal year or taxable year of the Companycorporation for federal income tax purposes; (ivd) a change that, that (i) in the sole discretion of the Managers, it determines: (i) Managers does not adversely affect the Members; Members in any material respect, (ii) to be is necessary or appropriate desirable to satisfy any requirements, conditions or guidelines contained in any opinion, directive, order, ruling or regulation of any federal or state agency or judicial authority or contained in any federal or state statute (including the Act), or (iii) is required to effect the intent expressed in any Offering document or the intent of the provisions of this Agreement or is otherwise contemplated by this Agreement; and; (ve) The a change in any provision of this Agreement that requires any action to be taken by or on behalf of the Company or the Members pursuant to the requirements of Delaware law if the provisions of Delaware law are amended, modified or revoked so that the taking of such action is no longer required; provided that this Section 6.2(e) shall be applicable only if such changes are not materially adverse to the Members; (f) a change that is necessary or desirable in connection with the issuance of Common Shares pursuant to Section 4.3; or (g) any other amendments similar to the foregoing. Each Member hereby appoints each Manager shall have the authority as its attorney-in-fact to execute and file any amendment to the Certificate required permitted by the Act that it determines to be necessary or appropriate for the formation, continuation, qualification and operation of a limited liability company in the State of Idaho or any other state in which the Company may elect to do business or own property. The Company shall not be required, before or after filing, to deliver or mail a copy of the Certificate, any qualification document or any amendment thereto to any Member. If any such amendment results in inconsistencies between the Certificate and this Agreement, this Agreement will be considered to have been amended in the specifics necessary to eliminate fine inconsistenciesSection 6.12.

Amendments to be Adopted Solely by the Managers. The Managers mayManagers, without the approval consent at the time of any Member, may amend any provisions provision of this Agreement, Agreement and execute, swear to, acknowledge, deliver, file and/or and record all necessary whatever documents that may be required in connection therewith (and any such amendment shall not be deemed therewith, to affect the Members disproportionally, materially or adversely affect the rights of the Members), as followsreflect: (ia) a change in the name of the Company, Company or the location of the principal place of business of the Company, the registered agent of the Company or the registered office of the Company; (iib) the admission, substitution, substitution or withdrawal or removal of Members in accordance with this Agreement; (iiic) a change that is necessary or advisable in the fiscal year or taxable year opinion of the Managers to qualify the Company and as a company in which members have limited liability under the laws of any state or other changes jurisdiction or to ensure that the Manager determines to Company will not be necessary or appropriate treated as an association taxable as a result of a change in the fiscal year or taxable year of the Companycorporation for federal income tax purposes; (ivd) a change that, that (i) in the sole discretion of the Managers, it determines: (i) Managers does not adversely affect the Members; Members in any material respect, (ii) to be is necessary or appropriate desirable to satisfy any requirements, conditions or guidelines contained in any opinion, directive, order, ruling or regulation of any federal or state agency or judicial authority or contained in any federal or state statute (including the Act), or (iii) is required to effect the intent expressed in any Offering document or the intent of the provisions of this Agreement or is otherwise contemplated by this Agreement; and; (ve) The a change in any provision of this Agreement that requires any action to be taken by or on behalf of the Company or the Members pursuant to the requirements of Texas law if the provisions of Texas law are amended, modified or revoked so that the taking of such action is no longer required; provided that this Section 6.12(e) shall be applicable only if such changes are not materially adverse to the Members; (f) a change that is necessary or desirable in connection with the issuance of any class of Shares pursuant to Section 4.3; or (g) any other amendments similar to the foregoing. Each Member hereby appoints each Manager shall have the authority as its attorney-in-fact to execute and file any amendment to the Certificate required permitted by the Act that it determines to be necessary or appropriate for the formation, continuation, qualification and operation of a limited liability company in the State of Idaho or any other state in which the Company may elect to do business or own property. The Company shall not be required, before or after filing, to deliver or mail a copy of the Certificate, any qualification document or any amendment thereto to any Member. If any such amendment results in inconsistencies between the Certificate and this Agreement, this Agreement will be considered to have been amended in the specifics necessary to eliminate fine inconsistenciesSection 6.12.

Amendments to be Adopted Solely by the Managers. The Managers mayManagers, without the approval consent at the time of any Member, may amend any provisions provision of this Agreement, Agreement and execute, swear to, acknowledge, deliver, file and/or and record all necessary whatever documents that may be required in connection therewith (and any such amendment shall not be deemed therewith, to affect the Members disproportionally, materially or adversely affect the rights of the Members), as followsreflect: (ia) a change in the name of the Company, Company or the location of the principal place of business of the Company, the registered agent of the Company or the registered office of the Company; (iib) the admission, substitution, substitution or withdrawal or removal of Members in accordance with this Agreement; (iiic) a change that is necessary or advisable in the fiscal year or taxable year opinion of the Managers to qualify the Company and as a company in which members have limited liability under the laws of any state or other changes jurisdiction or to ensure that the Manager determines to Company will not be necessary or appropriate treated as an association taxable as a result of a change in the fiscal year or taxable year of the Companycorporation for federal income tax purposes; (ivd) a change that, that (i) in the sole discretion of the Managers, it determines: (i) Managers does not adversely affect the Members; Members in any material respect, (ii) to be is necessary or appropriate desirable to satisfy any requirements, conditions or guidelines contained in any opinion, directive, orderorder , ruling or regulation of any federal or state agency or judicial authority or contained in any federal or state statute (including the Act), or (iii) is required to effect the intent expressed in any Offering document or the intent of the provisions of this Agreement or is otherwise contemplated by this Agreement; and; (ve) The a change in any provision of this Agreement that requires any action to be taken by or on behalf of the Company or the Members pursuant to the requirements of Delaware law if the provisions of Delaware law are amended, modified or revoked so that the taking of such action is no longer required; provided that this Section 6.12(e) shall be applicable only if such changes are not materially adverse to the Members; (f) a change that is necessary or desirable in connection with the issuance of Common Shares pursuant to Section 4.3; or (g) any other amendments similar to the foregoing. Each Member hereby appoints each Manager shall have the authority as its attorney-in-fact to execute and file any amendment to the Certificate required permitted by the Act that it determines to be necessary or appropriate for the formation, continuation, qualification and operation of a limited liability company in the State of Idaho or any other state in which the Company may elect to do business or own property. The Company shall not be required, before or after filing, to deliver or mail a copy of the Certificate, any qualification document or any amendment thereto to any Member. If any such amendment results in inconsistencies between the Certificate and this Agreement, this Agreement will be considered to have been amended in the specifics necessary to eliminate fine inconsistenciesSection 6.12.