Certain Regulatory Matters. The Members and the Company agree that if the exercise by a Member (such Member, the “Acting Member”) of its rights hereunder (including pursuant to Sections 3.9, 3.10, 8.11 or 10.6) is reasonably likely to result in adverse legal or regulatory consequences for another Member, including causing any such other Member to (a) hold an ownership interest in the Company greater than the thresholds prescribed in Section 3.6, (b) control the Company for purposes of the BHCA, or the Home Owners’ Loan Act of 1933, as amended, or (c) become an affiliated person, within the meaning of Section 2(a)(3) of the Investment Company Act of 1940, as amended, of MEMX LLC, the Company shall work with any affected Member and shall use commercially reasonable efforts to eliminate or minimize such adverse legal or regulatory consequences.
Appears in 6 contracts
Samples: Limited Liability Company Agreement, Limited Liability Company Agreement, Limited Liability Company Agreement
