Common use of Certain Provisions Applicable to Transfers Clause in Contracts

Certain Provisions Applicable to Transfers. Any Person who acquires Common Units in accordance with this Agreement (“Transferee”) shall be admitted as a Member upon the satisfaction of the following conditions: 10.3.1 the Transferee agrees to be bound by all the terms and provisions of this Agreement applicable to it; 10.3.2 the Transferor and Transferee execute and acknowledge such other instruments, in form and substance satisfactory to the Managing Member, as the Managing Member may deem necessary or desirable to effect such substitution; and 10.3.3 such Transfer does not (A) cause the Company to become a “publicly traded partnership”, as such term is defined in Section 469(k)(2) or 7704 of the Code, or (B) cause the Company to become subject to regulation or inspection under the Bank Holding Company Act of 1956, as amended. For purposes of this Article 10, a transaction shall be deemed to be a Transfer, irrespective of its form, if it has economic effect which is substantially equivalent to that of a Transfer under the relevant circumstances.

Certain Provisions Applicable to Transfers. Any Person who acquires Common Units in accordance with this Agreement (“Transferee”) shall be admitted as a Member Limited Partner upon the satisfaction of the following conditions: 10.3.1 (i) the Transferee agrees to be bound by all the terms and provisions of this Agreement applicable to it; 10.3.2 (ii) the Transferor and Transferee execute and acknowledge such other instruments, in form and substance satisfactory to the Managing MemberGeneral Partner, as the Managing Member General Partner may deem necessary or desirable to effect such substitution; and 10.3.3 (iii) such Transfer does not (A) cause the Company Partnership to become a “publicly traded partnership”, as such term is defined in Section 469(k)(2) or 7704 of the Code, or (B) cause the Company Partnership to become subject to regulation or inspection under the Bank Holding Company Act of 1956, as amended. . (b) For purposes of this Article 10Section 9, a transaction shall be deemed to be a Transfer, irrespective of its form, if it has economic effect which is substantially equivalent to that of a Transfer under the relevant circumstances.

Certain Provisions Applicable to Transfers. Any Person who acquires Common Units Ownership Interests in accordance with this Agreement (“Transferee”) shall be admitted as a Member upon the satisfaction of the following conditions: 10.3.1 the Transferee agrees to be bound by all the terms and provisions of this Agreement applicable to it; 10.3.2 the Transferor and Transferee execute and acknowledge such other instruments, in form and substance satisfactory to the Managing Member, as the Managing Member may deem necessary or desirable to effect such substitution; and 10.3.3 such Transfer does not (A) cause the Company to become a “publicly traded partnership”, ,” as such term is defined in Section 469(k)(2) or 7704 of the Code, or (B) cause the Company to become subject to regulation or inspection under the Bank Holding Company Act of 1956, as amended. For purposes of this Article 10X, a transaction shall be deemed to be a Transfer, irrespective of its form, if it has economic effect which is substantially equivalent to that of a Transfer under the relevant circumstances.