Certain Amendment Requirements. (a) Notwithstanding the provisions of Section 9.1 and Section 9.3, no provision of this Agreement that establishes a percentage of Outstanding Shares required to take any action shall be amended, altered, changed, repealed or rescinded in any respect that would have the effect of reducing such voting percentage unless such amendment is approved by the affirmative vote of holders of Outstanding Shares whose aggregate Outstanding Shares constitute not less than the voting requirement sought to be reduced.
(b) Notwithstanding the provisions of Section 9.1 and Section 9.3, but subject to Section 9.2, no amendment to this Agreement may:
(i) enlarge the obligations of any Member without its consent, unless such shall be deemed to have occurred as a result of an amendment approved pursuant to Section 9.3(c);
(ii) change Section 8.1(a);
(iii) change the term of the Company; or,
(iv) except as set forth in Section 8.1(a), give any Person the right to dissolve the Company.
Certain Amendment Requirements. Notwithstanding the provisions of Section 12.1, no amendment to this Agreement shall be made without the consent of the Economic Members holding of a majority of the Outstanding Interests, that:
(a) decreases the percentage of Outstanding Interests required to take any action hereunder;
(b) materially adversely affects the rights of any of the Economic Members (including adversely affecting the holders of any particular Series of Interests as compared to holders of other series of Interests);
(c) modifies Section 11.1(a) or gives any Person the right to dissolve the Company; or
(d) modifies the term of the Company.
Certain Amendment Requirements. Notwithstanding the provisions of Section 12.1,
(a) no amendment to this Agreement shall be made without the consent of the Members holding a majority of all of the Outstanding Interests that:
(i) decreases the percentage of Outstanding Interests required to take any action hereunder;
(ii) materially adversely affects the rights of all of the Members;
(iii) modifies Section 11.1(a) or gives any Person the right to dissolve the Company; or
(iv) modifies the term of the Company.
(b) no amendment to this Agreement shall be made without the consent of the Members holding a majority of the Outstanding Interests of a particular Series that materially adversely affects the rights of any of the holders of Interests of that particular Series as compared to holders of Interests of other Series.
Certain Amendment Requirements. (a) Notwithstanding the provisions of Section 12.01 and except as set forth in Section 12.02(b), no amendment to this Agreement shall be made without the consent of the Economic Members holding of a majority of the outstanding Shares of all Series voting as a single class, that:
(i) decreases the percentage of outstanding Shares required to take any action hereunder;
(ii) materially adversely affects the rights of any of the Economic Members (including adversely affecting the holders of any particular Series of Shares as compared to holders of other series of Shares);
(iii) modifies Section 11.01(a) or gives any Person the right to dissolve the Company; or
(iv) modifies the term of the Company.
(b) Notwithstanding the provisions of Section 12.01 and unless otherwise indicated in a Series Designation, any amendment to a Series Designation that materially adversely affects the rights of any of the Economic Members such Series shall only require the consent of the Managing Member and of the Economic Members holding of a majority of the outstanding Shares of such Series.
Certain Amendment Requirements a) Notwithstanding the provisions of Section 9 .1 of this OPERATING AGREEMENT and Section 9 .3 of this OPERATING AGREEMENT, no provision of this OPERATING AGREEMENT that establishes a percentage of Outstanding Shares required to take any action shall be amended, altered, changed, repealed or rescinded in any respect that would have the effect of reducing such voting percentage unless such amendment is approved by the affirmative vote of holders of Outstanding Shares whose aggregate Outstanding Shares constitute not less than the voting requirement sought to be reduced.
b) Notwithstanding the provisions of Section 9.1 of this OPERATING AGREEMENT and Section 9.3 of this OPERATING AGREEMENT, but subject to Section 9.2 of this OPERATING AGREEMENT, no amendment to this OPERATING AGREEMENT may:
1) enlarge the obligations of any Shareholder without his/her/its consent, unless such shall be deemed to have occurred as a result of an amendment approved pursuant to Section 9.3(c) of this OPERATING AGREEMENT;
2) change to Section 8.1(a) of this OPERATING AGREEMENT;
3) change the term of the COMPANY; or,
4) except as set forth in Section 8.1(a) of this OPERATING AGREEMENT, give any person the right to dissolve the COMPANY.
Certain Amendment Requirements. Notwithstanding the provisions of Section 12.1, no amendment to this Agreement shall be made without the consent of the Economic Members holding of a majority of the Outstanding Interests, that:
(a) decreases the percentage of Outstanding Interests required to take any action hereunder;
(b) materially adversely affects the rights of any of the Economic Members (including adversely affecting the holders of any particular Series of Interests as compared to holders of other series of Interests);
Certain Amendment Requirements. (a) Notwithstanding the provisions of Sections 9.1 and 9.3, no provision of this Agreement that establishes a percentage of Outstanding Shares required to take any action shall be amended, altered, changed, repealed or rescinded in any respect that would have the effect of reducing such voting percentage unless such amendment is approved by the affirmative vote of holders of Outstanding Shares whose aggregate Outstanding Shares constitute not less than the voting requirement sought to be reduced.
(b) Notwithstanding the provisions of Sections 9.1 and 9.3, but subject to Section 9.2, no amendment to this Agreement may (i) enlarge the obligations of any Member without its consent, unless such shall be deemed to have occurred as a result of an amendment approved pursuant to Section 9.3(c), (ii) change Section 8.1(a), (iii) change the term of the Company or, (iv) except as set forth in Section 8.1(a), give any Person the right to dissolve the Company. 41
(c) Except as provided in Section 10.3, and subject to Section 3.4(a) and the terms of any Series Designation or Share Designation, and without limitation of the Board of Directors' authority to adopt amendments to this Agreement without the approval of any Members as contemplated in Section 9.1, notwithstanding the provisions of Section 9.1, any amendment that would have a material adverse effect on the rights or preferences of any class or series of Shares of a Series in relation to other classes or series of Shares of such Series must be approved by the holders of a majority of the Outstanding Shares of the class or series affected.
Certain Amendment Requirements. (a) Notwithstanding the provisions of Section 13.1, no provision of this Agreement that establishes a percentage of Outstanding Units or Unit Class required to take any action, including Section 4.7, shall be amended, altered, changed, repealed, or rescinded in any respect that would have the effect of reducing such voting percentage unless such amendment is approved by the affirmative vote of at least such percentage of Outstanding Units entitled to vote thereon.
(b) Notwithstanding the provisions of Section 13.1, no amendment to this Agreement may (i) enlarge the obligations of any Member or Series Member without his/her/its consent, unless such shall be deemed to have occurred as a result of an amendment approved pursuant to Section 13.1(c) or (ii) change Section 12.1(a), the term of the Company, or except as set forth in Section 12.1(a), give any Person the right to dissolve the Company, unless such amendment is approved by Majority Approval.
(c) Subject to Section 4.3(a), and without limitation of the Manager's authority to adopt amendments to this Agreement without the approval of any Member(S) or Series Members as generally contemplated in Section 13.1, any amendment that would have a material adverse effect on the rights or preferences of any Unit Class or Series Members of a Series in relation to other Unit Classes or Series Members of a Series must be approved by Majority Approval of such Series.
Certain Amendment Requirements. Notwithstanding the provisions of Section 12.1,
(a) no amendment to this Agreement shall be made without the consent of the Members holding a majority of all of the Outstanding Interests that: decreases the percentage of Outstanding Interests required to take any action hereunder; materially adversely affects the rights of all of the Members; modifies Section 11.1(a) or gives any Person the right to dissolve the Company; or modifies the term of the Company.
(b) no amendment to this Agreement shall be made without the consent of the Members holding a majority of the Outstanding Interests of a particular Series that materially adversely affects the rights of any of the holders of Interests of that particular Series as compared to holders of Interests of other Series.
