Common use of Certificates for Units Clause in Contracts

Certificates for Units. (a) The Units of the Company will be certificated. Each Unit shall be signed by, or in the name of the Company by, any Director or the President or any Vice President, Secretary or Assistant Secretary of the Company, certifying the number of Units owned by such person. In case any officer who has signed a certificate shall have ceased to be an officer of the Company before such certificate is issued, it may be issued by the Company with the same effect as if he or she were such officer at the date of issue. (b) The Board of Directors may direct a new certificate or certificates to be issued in place of any certificate or certificates theretofore issued by the Company alleged to have been lost, stolen or destroyed, upon the making of an affidavit of that fact by the person claiming the certificate of stock to be lost, stolen or destroyed. (c) The following legend (in addition to any other legends required by applicable law or otherwise) shall be included on each certificate representing Units: THE SECURITIES REPRESENTED BY THIS CERTIFICATE HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, THE DELAWARE SECURITIES ACT OR THE SECURITIES LAWS OF ANY OTHER STATE AND CANNOT BE SOLD OR TRANSFERRED UNLESS (I) A REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND/OR THE DELAWARE SECURITIES ACT IS THEN IN EFFECT WITH RESPECT TO THE SECURITIES REPRESENTED HEREBY; OR (II) SUCH SALE OR TRANSFER HAS BEEN EXEMPT FROM REGISTRATION. THE SECURITIES REPRESENTED BY THIS CERTIFICATE ARE ISSUED PURSUANT TO THE LIMITED LIABILITY COMPANY AGREEMENT OF THE COMPANY, A COPY OF WHICH IS ON FILE AT THE PRINCIPAL OFFICE OF THE COMPANY, AND SUCH SECURITIES ARE SUBJECT TO THE LIMITATIONS THEREIN. THIS CERTIFICATE EVIDENCES A MEMBERSHIP INTEREST IN THE COMPANY AND SHALL BE A “SECURITY” GOVERNED AND FOR PURPOSES OF ARTICLE 8 OF THE UNIFORM COMMERCIAL CODE AS IN EFFECT IN ANY APPLICABLE JURISDICTION IN WHICH THIS CERTIFICATE IS HELD BY A PLEDGEE HEREOF.

Appears in 8 contracts

Samples: Limited Liability Company Agreement (ICG Knott County, LLC), Limited Liability Company Agreement (ICG Knott County, LLC), Limited Liability Company Agreement (ICG Knott County, LLC)

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Certificates for Units. (a) The Units of the Company will be certificated. Each Unit shall be signed by, or in the name of the Company by, any Director or the President or any Vice President, Secretary or Assistant Secretary of the Company, certifying the number of Units owned by such person. In case any officer who has signed a certificate shall have ceased to be an officer of the Company before such certificate is issued, it may be issued by the Company with the same effect as if he or she were such officer at the date of issue. (b) The Board of Directors may direct a new certificate or certificates to be issued in place of any certificate or certificates theretofore issued by the Company alleged to have been lost, stolen or destroyed, upon the making of an affidavit of that fact by the person claiming the certificate of stock to be lost, stolen or destroyed. (c) The following legend (in addition to any other legends required by applicable law or otherwise) shall be included on each certificate representing Units: THE SECURITIES REPRESENTED EVIDENCED BY THIS CERTIFICATE HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, THE DELAWARE SECURITIES ACT OR THE SECURITIES LAWS OF ANY OTHER STATE AND CANNOT STATE. THESE SECURITIES MAY NOT BE SOLD SOLD, TRANSFERRED, ASSIGNED, PLEDGED OR TRANSFERRED OTHERWISE DISPOSED OF UNLESS (I) A REGISTRATION STATEMENT UNDER THE ALL APPLICABLE SECURITIES ACT OF 1933, AS AMENDED, AND/OR THE DELAWARE SECURITIES ACT LAWS IS THEN IN EFFECT WITH RESPECT TO OR AN EXEMPTION FROM THE SECURITIES REPRESENTED HEREBY; OR (II) REGISTRATION REQUIREMENTS OF SUCH SALE OR TRANSFER HAS BEEN EXEMPT FROM REGISTRATIONLAWS IS APPLICABLE. THE SECURITIES REPRESENTED BY THIS CERTIFICATE ARE ISSUED PURSUANT SUBJECT TO THE THAT CERTAIN AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT AGREEMENT, DATED AS OF JULY 31, 2012, AMONG THE COMPANYBENEFICIAL OWNER HEREOF AND SUCH OTHER PARTIES THAT MAY BE SIGNATORIES TO SUCH AGREEMENT, AS MAY BE AMENDED OR RESTATED, A COPY OF WHICH IS ON FILE AT THE PRINCIPAL OFFICE OF THE COMPANY, AND SUCH SECURITIES ARE SUBJECT TO THE LIMITATIONS THEREIN. THIS CERTIFICATE EVIDENCES A MEMBERSHIP INTEREST IN THE COMPANY AND SHALL BE A “SECURITY” GOVERNED AND FOR PURPOSES OF ARTICLE 8 OF THE UNIFORM COMMERCIAL CODE AS IN EFFECT IN ANY APPLICABLE JURISDICTION IN WHICH THIS CERTIFICATE IS HELD BY A PLEDGEE HEREOF.

Appears in 4 contracts

Samples: Limited Liability Company Agreement (ICG Knott County, LLC), Limited Liability Company Agreement (ICG Knott County, LLC), Limited Liability Company Agreement (ICG Knott County, LLC)

Certificates for Units. (a) The Units of the Company will be certificated. Each Unit shall be signed by, or in the name of the Company by, any Director or the President or any Vice President, Secretary or Assistant Secretary of the Company, certifying the number of Units owned by such person. In case any officer who has signed a certificate shall have ceased to be an officer of the Company before such certificate is issued, it may be issued by the Company with the same effect as if he or she were such officer at the date of issue. (b) The Board of Directors may direct a new certificate or certificates to be issued in place of any certificate or certificates theretofore issued by the Company alleged to have been lost, stolen or destroyed, upon the making of an affidavit of that fact by the person claiming the certificate of stock to be lost, stolen or destroyed. (c) The following legend (in addition to any other legends required by applicable law or otherwise) shall be included on each certificate representing Units: THE SECURITIES REPRESENTED BY THIS CERTIFICATE HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, THE DELAWARE SECURITIES ACT OR THE SECURITIES LAWS OF ANY OTHER STATE AND CANNOT BE SOLD OR TRANSFERRED UNLESS (I) A REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND/OR THE DELAWARE SECURITIES ACT IS THEN IN EFFECT WITH RESPECT TO THE SECURITIES REPRESENTED HEREBY; OR (II) SUCH SALE OR TRANSFER HAS BEEN IS EXEMPT FROM REGISTRATION. THE SECURITIES REPRESENTED BY THIS CERTIFICATE ARE ISSUED PURSUANT TO THE LIMITED LIABILITY COMPANY AGREEMENT OF THE COMPANY, A COPY OF WHICH IS ON FILE AT THE PRINCIPAL OFFICE OF THE COMPANY, AND SUCH SECURITIES ARE SUBJECT TO THE LIMITATIONS THEREIN. THIS CERTIFICATE EVIDENCES A MEMBERSHIP INTEREST IN THE COMPANY AND SHALL BE A “SECURITY” GOVERNED AND FOR PURPOSES OF ARTICLE 8 OF THE UNIFORM COMMERCIAL CODE AS IN EFFECT IN ANY APPLICABLE JURISDICTION INCLUDING THE STATE OF DELAWARE AND ANY JURISDICTION IN WHICH THIS CERTIFICATE IS HELD BY A PLEDGEE HEREOF.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (ICG Knott County, LLC), Limited Liability Company Agreement (ICG Knott County, LLC)

Certificates for Units. (a) The Units of the Company will be certificated. Each Unit shall be signed by, or in the name of the Company by, any Director or the President or any Vice President, Secretary or Assistant Secretary of the Company, certifying the number of Units owned by such person. In case any officer who has signed Signed a certificate shall have ceased to be an officer of the Company before such certificate is issued, it may be issued by the Company with the same effect as if he or she were such officer at the date of issue. (b) The Board of Directors An officer may direct a new certificate or certificates to be issued in place of any certificate or certificates theretofore issued by the Company alleged to have been lost, stolen or destroyed, upon the making of an affidavit of that fact by the person claiming the certificate of stock to be lost, stolen or destroyed. (c) The following legend (in addition to any other legends required by applicable law or otherwise) shall be included on each certificate representing Units: THE SECURITIES REPRESENTED EVIDENCED BY THIS CERTIFICATE HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, THE DELAWARE SECURITIES ACT OR THE SECURITIES LAWS OF ANY OTHER STATE AND CANNOT STATE. THESE SECURITIES MAY NOT BE SOLD SOLD, TRANSFERRED, ASSIGNED, PLEDGED OR TRANSFERRED OTHERWISE DISPOSED OF UNLESS (I) A REGISTRATION STATEMENT UNDER THE ALL APPLICABLE SECURITIES ACT OF 1933, AS AMENDED, AND/OR THE DELAWARE SECURITIES ACT LAWS IS THEN IN EFFECT WITH RESPECT TO OR AN EXEMPTION FROM THE SECURITIES REPRESENTED HEREBY; OR (II) REGISTRATION REQUIREMENTS OF SUCH SALE OR TRANSFER HAS BEEN EXEMPT FROM REGISTRATIONLAWS IS APPLICABLE. THE SECURITIES REPRESENTED BY THIS CERTIFICATE ARE ISSUED PURSUANT SUBJECT TO THE THAT CERTAIN AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT, DATED AS OF JUNE 30, 2012, AMONG THE BENEFICIAL OWNER HEREOF AND SUCH OTHER PARTIES THAT MAY BE SIGNATORIES TO SUCH AGREEMENT, AS SUCH AGREEMENT OF THE COMPANYMAY BE AMENDED OR RESTATED, A COPY OF WHICH IS ON FILE AT THE PRINCIPAL OFFICE OF THE COMPANY, AND SUCH SECURITIES ARE SUBJECT TO THE LIMITATIONS THEREIN. THIS CERTIFICATE EVIDENCES A MEMBERSHIP INTEREST IN THE COMPANY AND SHALL BE A “SECURITY” GOVERNED AND FOR PURPOSES OF ARTICLE 8 OF THE UNIFORM COMMERCIAL CODE AS IN EFFECT IN ANY APPLICABLE JURISDICTION IN WHICH THIS CERTIFICATE IS HELD BY A PLEDGEE HEREOF.

Appears in 1 contract

Samples: Limited Liability Company Agreement (ICG Knott County, LLC)

Certificates for Units. (a) The Units of the Company will be certificated. Each Unit shall be signed by, or in the name of the Company by, any Director or the President or any Vice President, Secretary or Assistant Secretary of the Company, certifying the number of Units owned by such person. In case any officer who has signed a certificate shall have ceased to be an officer of the Company before such certificate is issued, it may be issued by the Company with the same effect as if he or she were such officer at the date of issue. (b) The Board of Directors may direct a new certificate or certificates to be issued in place of any certificate or certificates theretofore issued by the Company alleged to have been lost, stolen or destroyed, upon the making of an affidavit of that fact by the person claiming the certificate of stock to be lost, stolen or destroyed. (c) The following legend (in addition to any other legends required by applicable law or otherwise) shall be included on each certificate representing Units: THE SECURITIES REPRESENTED BY THIS CERTIFICATE HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, THE DELAWARE SECURITIES ACT OR THE SECURITIES LAWS OF ANY OTHER STATE AND CANNOT BE SOLD OR TRANSFERRED UNLESS (I) A REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND/OR THE DELAWARE SECURITIES ACT IS THEN IN EFFECT WITH RESPECT TO THE SECURITIES REPRESENTED HEREBY; OR (II) SUCH SALE OR TRANSFER HAS BEEN EXEMPT FROM REGISTRATION. THE SECURITIES REPRESENTED BY THIS CERTIFICATE ARE ISSUED PURSUANT TO THE LIMITED LIABILITY COMPANY AGREEMENT OF THE COMPANY, A COPY OF WHICH IS ON FILE AT THE PRINCIPAL OFFICE OF THE COMPANY, AND SUCH SECURITIES ARE SUBJECT TO THE LIMITATIONS THEREIN. THIS CERTIFICATE EVIDENCES A MEMBERSHIP INTEREST IN THE COMPANY AND SHALL BE A “SECURITY” GOVERNED AND FOR PURPOSES OF ARTICLE 8 OF THE UNIFORM COMMERCIAL CODE AS IN EFFECT IN ANY APPLICABLE JURISDICTION IN WHICH THIS CERTIFICATE IS HELD BY A PLEDGEE HEREOF.

Appears in 1 contract

Samples: Limited Liability Company Agreement (ICG Knott County, LLC)

Certificates for Units. (a) The Units of the Company will be certificated. Each Unit shall be signed by, or in the name of the Company by, any Director or the President or any Vice President, Secretary or Assistant Secretary of the Company, certifying the number of Units owned by such person. In case any officer who has signed Signed a certificate shall have ceased to be an officer of the Company before such certificate is issued, it may be issued by the Company with the same effect as if he or she were such officer at the date of issue. (b) The Board of Directors may direct a new certificate or certificates to be issued in place of any certificate or certificates theretofore issued by the Company alleged to have been lost, stolen or destroyed, upon the making of an affidavit of that fact by the person claiming the certificate of stock to be lost, stolen or destroyed. (c) The following legend (in addition to any other legends required by applicable law or otherwise) shall be included on each certificate representing Units: THE SECURITIES REPRESENTED BY THIS CERTIFICATE HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, THE DELAWARE SECURITIES ACT OR THE SECURITIES LAWS OF ANY OTHER STATE AND CANNOT BE SOLD OR TRANSFERRED UNLESS (I) A REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND/OR THE DELAWARE SECURITIES ACT IS THEN IN EFFECT WITH RESPECT TO THE SECURITIES REPRESENTED HEREBY; OR (II) SUCH SALE OR TRANSFER HAS BEEN EXEMPT FROM REGISTRATION. THE SECURITIES REPRESENTED BY THIS CERTIFICATE ARE ISSUED PURSUANT TO THE LIMITED LIABILITY COMPANY AGREEMENT OF THE COMPANY, A COPY OF WHICH IS ON FILE AT THE PRINCIPAL OFFICE OF THE COMPANY, AND SUCH SECURITIES ARE SUBJECT TO THE LIMITATIONS THEREIN. THIS CERTIFICATE EVIDENCES A MEMBERSHIP INTEREST IN THE COMPANY AND SHALL BE A “SECURITY” GOVERNED AND FOR PURPOSES OF ARTICLE 8 OF THE UNIFORM COMMERCIAL CODE AS IN EFFECT IN ANY APPLICABLE JURISDICTION IN WHICH THIS CERTIFICATE IS HELD BY A PLEDGEE HEREOF.

Appears in 1 contract

Samples: Limited Liability Company Agreement (ICG Knott County, LLC)

Certificates for Units. (a) The Units of the Company will be certificated. Each Unit shall be signed by, or in the name of the Company by, any Director or the President or any Vice President, Secretary or Assistant Secretary of the Company, certifying the number of Units owned by such person. In case any officer who has signed Signed a certificate shall have ceased to be an officer of the Company before such certificate is issued, it may be issued by the Company with the same effect as if he or she were such officer at the date of issue. (b) The Board of Directors may direct a new certificate or certificates to be issued in place of any certificate or certificates theretofore issued by the Company alleged to have been lost, stolen or destroyed, upon the making of an affidavit of that fact by the person claiming the certificate of stock to be lost, stolen or destroyed. (c) The following legend (in addition to any other legends required by applicable law or otherwise) shall be included on each certificate representing Units: THE SECURITIES REPRESENTED BY THIS CERTIFICATE HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, THE DELAWARE SECURITIES ACT OR THE SECURITIES LAWS OF ANY OTHER STATE AND CANNOT BE SOLD OR TRANSFERRED UNLESS (I) A REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND/OR THE DELAWARE SECURITIES ACT IS THEN IN EFFECT WITH RESPECT TO THE SECURITIES REPRESENTED HEREBY; OR (II) SUCH SALE OR TRANSFER HAS BEEN EXEMPT FROM REGISTRATION. THE SECURITIES REPRESENTED BY THIS CERTIFICATE ARE ISSUED PURSUANT TO THE LIMITED LIABILITY COMPANY AGREEMENT OF THE COMPANY, A COPY OF WHICH IS ON FILE AT THE PRINCIPAL OFFICE OF THE COMPANY, AND SUCH SECURITIES ARE SUBJECT TO THE LIMITATIONS THEREIN. THIS CERTIFICATE EVIDENCES A MEMBERSHIP INTEREST IN THE COMPANY AND SHALL BE A “SECURITY” GOVERNED AND FOR PURPOSES OF ARTICLE 8 OF THE UNIFORM COMMERCIAL CODE AS IN EFFECT IN ANY APPLICABLE JURISDICTION IN WHICH THIS CERTIFICATE IS HELD BY A PLEDGEE HEREOF.

Appears in 1 contract

Samples: Limited Liability Company Agreement (ICG Knott County, LLC)

Certificates for Units. (a) The Units of the Company will be certificated. Each Unit shall be signed by, or in the name of the Company by, any Director Manager or the President or any Vice President, Secretary or Assistant Secretary of the Company, certifying the number of Units owned by such person. In case any officer who has signed a certificate shall have ceased to be an officer of the Company before such certificate is issued, it may be issued by the Company with the same effect as if he her or she were such officer at the date of issue. (b) The Board of Directors Managers may direct a new certificate or certificates to be issued in place of any certificate or certificates theretofore issued by the Company alleged to have been lost, stolen or destroyed, upon the making of an affidavit of that fact by the person claiming the certificate of stock to be lost, stolen or destroyed. (c) The following legend (in addition to any other legends required by applicable law or otherwise) shall be included on each certificate representing Units: THE SECURITIES REPRESENTED EVIDENCED BY THIS CERTIFICATE HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, THE DELAWARE SECURITIES ACT OR THE SECURITIES LAWS OF ANY OTHER STATE AND CANNOT STATE. THESE SECURITIES MAY NOT BE SOLD SOLD, TRANSFERRED, ASSIGNED, PLEDGED OR TRANSFERRED OTHERWISE DISPOSED OF UNLESS (I) A REGISTRATION STATEMENT UNDER THE ALL APPLICABLE SECURITIES ACT OF 1933, AS AMENDED, AND/OR THE DELAWARE SECURITIES ACT LAWS IS THEN IN EFFECT WITH RESPECT TO OR AN EXEMPTION FROM THE SECURITIES REPRESENTED HEREBY; OR (II) REGISTRATION REQUIREMENTS OF SUCH SALE OR TRANSFER HAS BEEN EXEMPT FROM REGISTRATIONLAWS IS APPLICABLE. THE SECURITIES REPRESENTED BY THIS CERTIFICATE ARE ISSUED PURSUANT SUBJECT TO THE THAT CERTAIN LIMITED LIABILITY COMPANY AGREEMENT AGREEMENT, DATED AS OF NOVEMBER 25, 2013, AMONG THE COMPANYBENEFICIAL OWNER HEREOF AND SUCH OTHER PARTIES THAT MAY BE SIGNATURIES TO SUCH AGREEMENT, A COPY OF WHICH IS ON FILE AT THE PRINCIPAL OFFICE OF THE COMPANY, AND SUCH SECURITIES ARE SUBJECT TO THE LIMITATIONS THEREIN. THIS CERTIFICATE EVIDENCES A MEMBERSHIP INTEREST IN THE COMPANY AND SHALL BE A “SECURITY” GOVERNED AND FOR PURPOSES OF ARTICLE 8 OF THE UNIFORM COMMERCIAL CODE AS IN EFFECT IN ANY APPLICABLE JURISDICTION IN WHICH THIS CERTIFICATE IS HELD BY A PLEDGEE HEREOF.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Catenary Coal Holdings Inc)

Certificates for Units. (a) The Units of the Company will be certificated. Each Unit shall be signed by, or in the name of the Company by, any Director or the President or any Vice President, Secretary or Assistant Secretary of the Company, certifying the number of Units owned by such person. In case any officer who has signed a certificate shall have ceased to be an officer of the Company before such certificate is issued, it may be issued by the Company with the same effect as if he or she were such officer at the date of issue. (b) The Board of Directors An officer may direct a new certificate or certificates to be issued in place of any certificate or certificates theretofore issued by the Company alleged to have been lost, stolen or destroyed, upon the making of an affidavit of that fact by the person claiming the certificate of stock to be lost, stolen or destroyed. (c) The following legend (in addition to any other legends required by applicable law or otherwise) shall be included on each certificate representing Units: THE SECURITIES REPRESENTED EVIDENCED BY THIS CERTIFICATE HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, THE DELAWARE SECURITIES ACT OR THE SECURITIES LAWS OF ANY OTHER STATE AND CANNOT STATE. THESE SECURITIES MAY NOT BE SOLD SOLD, TRANSFERRED, ASSIGNED, PLEDGED OR TRANSFERRED OTHERWISE DISPOSED OF UNLESS (I) A REGISTRATION STATEMENT UNDER THE ALL APPLICABLE SECURITIES ACT OF 1933, AS AMENDED, AND/OR THE DELAWARE SECURITIES ACT LAWS IS THEN IN EFFECT WITH RESPECT TO OR AN EXEMPTION FROM THE SECURITIES REPRESENTED HEREBY; OR (II) REGISTRATION REQUIREMENTS OF SUCH SALE OR TRANSFER HAS BEEN EXEMPT FROM REGISTRATIONLAWS IS APPLICABLE. THE SECURITIES REPRESENTED BY THIS CERTIFICATE ARE ISSUED PURSUANT SUBJECT TO THE THAT CERTAIN AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT, DATED AS OF JUNE 30, 2012, AMONG THE BENEFICIAL OWNER HEREOF AND SUCH OTHER PARTIES THAT MAY BE SIGNATORIES TO SUCH AGREEMENT, AS SUCH AGREEMENT OF THE COMPANYMAY BE AMENDED OR RESTATED, A COPY OF WHICH IS ON FILE AT THE PRINCIPAL OFFICE OF THE COMPANY, AND SUCH SECURITIES ARE SUBJECT TO THE LIMITATIONS THEREIN. THIS CERTIFICATE EVIDENCES A MEMBERSHIP INTEREST IN THE COMPANY AND SHALL BE A “SECURITY” GOVERNED AND FOR PURPOSES OF ARTICLE 8 OF THE UNIFORM COMMERCIAL CODE AS IN EFFECT IN ANY APPLICABLE JURISDICTION IN WHICH THIS CERTIFICATE IS HELD BY A PLEDGEE HEREOF.

Appears in 1 contract

Samples: Limited Liability Company Agreement (ICG Knott County, LLC)

Certificates for Units. (a) The Units of the Company will be certificated. Each Unit shall be signed by, or in the name of the Company by, any Director Manager or the President or any Vice President, Secretary or Assistant Secretary of the Company, certifying the number of Units owned by such person. In case any officer who has signed a certificate shall have ceased to be an officer of the Company before such certificate is issued, it may be issued by the Company with the same effect as if he her or she were such officer at the date of issue. (b) The Board of Directors Managers may direct a new certificate or certificates to be issued in place of any certificate or certificates theretofore issued by the Company alleged to have been lost, stolen or destroyed, upon the making of an affidavit of that fact by the person claiming the certificate of stock to be lost, stolen or destroyed. (c) The following legend (in addition to any other legends required by applicable law or otherwise) shall be included on each certificate representing Units: THE SECURITIES REPRESENTED EVIDENCED BY THIS CERTIFICATE HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, THE DELAWARE SECURITIES ACT OR THE SECURITIES LAWS OF ANY OTHER STATE AND CANNOT STATE. THESE SECURITIES MAY NOT BE SOLD SOLD, TRANSFERRED, ASSIGNED, PLEDGED OR TRANSFERRED OTHERWISE DISPOSED OF UNLESS (I) A REGISTRATION STATEMENT UNDER THE ALL APPLICABLE SECURITIES ACT OF 1933, AS AMENDED, AND/OR THE DELAWARE SECURITIES ACT LAWS IS THEN IN EFFECT WITH RESPECT TO OR AN EXEMPTION FROM THE SECURITIES REPRESENTED HEREBY; OR (II) REGISTRATION REQUIREMENTS OF SUCH SALE OR TRANSFER HAS BEEN EXEMPT FROM REGISTRATIONLAWS IS APPLICABLE. THE SECURITIES REPRESENTED BY THIS CERTIFICATE ARE ISSUED PURSUANT SUBJECT TO THE THAT CERTAIN LIMITED LIABILITY COMPANY AGREEMENT AGREEMENT, DATED AS OF JUNE 27, 2012, AMONG THE COMPANYBENEFICIAL OWNER HEREOF AND SUCH OTHER PARTIES THAT MAY BE SIGNATURIES TO SUCH AGREEMENT, A COPY OF WHICH IS ON FILE AT THE PRINCIPAL OFFICE OF THE COMPANY, AND SUCH SECURITIES ARE SUBJECT TO THE LIMITATIONS THEREIN. THIS CERTIFICATE EVIDENCES A MEMBERSHIP INTEREST IN THE COMPANY AND SHALL BE A “SECURITY” GOVERNED AND FOR PURPOSES OF ARTICLE 8 OF THE UNIFORM COMMERCIAL CODE AS IN EFFECT IN ANY APPLICABLE JURISDICTION IN WHICH THIS CERTIFICATE IS HELD BY A PLEDGEE HEREOF.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Catenary Coal Holdings Inc)

Certificates for Units. (a) The Units of the Company will be certificated. Each Unit shall be signed by, or in the name of the Company by, any Director Manager or the President or any Vice President, Secretary or Assistant Secretary of the Company, certifying the number of Units owned by such person. In case any officer who has signed a certificate shall have ceased to be an officer of the Company before such certificate is issued, it may be issued by the Company with the same effect as if he her or she were such officer at the date of issue. (b) The Board of Directors Managers may direct a new certificate or certificates to be issued in place of any certificate or certificates theretofore issued by the Company alleged to have been lost, stolen or destroyed, upon the making of an affidavit of that fact by the person claiming the certificate of stock to be lost, stolen or destroyed. (c) The following legend (in addition to any other legends required by applicable law or otherwise) shall be included on each certificate representing Units: THE SECURITIES REPRESENTED EVIDENCED BY THIS CERTIFICATE HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, THE DELAWARE SECURITIES ACT OR THE SECURITIES LAWS OF ANY OTHER STATE AND CANNOT STATE. THESE SECURITIES MAY NOT BE SOLD SOLD, TRANSFERRED, ASSIGNED, PLEDGED OR TRANSFERRED OTHERWISE DISPOSED OF UNLESS (I) A REGISTRATION STATEMENT UNDER THE ALL APPLICABLE SECURITIES ACT OF 1933, AS AMENDED, AND/OR THE DELAWARE SECURITIES ACT LAWS IS THEN IN EFFECT WITH RESPECT TO OR AN EXEMPTION FROM THE SECURITIES REPRESENTED HEREBY; OR (II) REGISTRATION REQUIREMENTS OF SUCH SALE OR TRANSFER HAS BEEN EXEMPT FROM REGISTRATIONLAWS IS APPLICABLE. THE SECURITIES REPRESENTED BY THIS CERTIFICATE ARE ISSUED PURSUANT SUBJECT TO THE THAT CERTAIN LIMITED LIABILITY COMPANY AGREEMENT AGREEMENT, DATED AS OF JULY 18, 2013, AMONG THE COMPANYBENEFICIAL OWNER HEREOF AND SUCH OTHER PARTIES THAT MAY BE SIGNATURIES TO SUCH AGREEMENT, A COPY OF WHICH IS ON FILE AT THE PRINCIPAL OFFICE OF THE COMPANY, AND SUCH SECURITIES ARE SUBJECT TO THE LIMITATIONS THEREIN. THIS CERTIFICATE EVIDENCES A MEMBERSHIP INTEREST IN THE COMPANY AND SHALL BE A “SECURITY” GOVERNED AND FOR PURPOSES OF ARTICLE 8 OF THE UNIFORM COMMERCIAL CODE AS IN EFFECT IN ANY APPLICABLE JURISDICTION IN WHICH THIS CERTIFICATE IS HELD BY A PLEDGEE HEREOF.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Arch Coal Inc)

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Certificates for Units. (a) The Units of the Company will be certificated. Each Unit shall be signed by, or in the name of the Company by, any Director or the President or any Vice President, Secretary or Assistant Secretary of the Company, certifying the number of Units owned by such person. In case any officer who has signed a certificate shall have ceased to be an officer of the Company before such certificate is issued, it may be issued by the Company with the same effect as if he or she were such officer at the date of issue. (b) The Board of Directors may direct a new certificate or certificates to be issued in place of any certificate or certificates theretofore issued by the Company alleged to have been lost, stolen or destroyed, upon the making of an affidavit of that fact by the person claiming the certificate of stock to be lost, stolen or destroyed. (c) The following legend (in addition to any other legends required by applicable law or otherwise) shall be included on each certificate representing Units: THE SECURITIES REPRESENTED EVIDENCED BY THIS CERTIFICATE HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, THE DELAWARE SECURITIES ACT OR THE SECURITIES LAWS OF ANY OTHER STATE AND CANNOT STATE. THESE SECURITIES MAY NOT BE SOLD SOLD, TRANSFERRED, ASSIGNED, PLEDGED OR TRANSFERRED OTHERWISE DISPOSED OF UNLESS (I) A REGISTRATION STATEMENT UNDER THE ALL APPLICABLE SECURITIES ACT OF 1933, AS AMENDED, AND/OR THE DELAWARE SECURITIES ACT LAWS IS THEN IN EFFECT WITH RESPECT TO OR AN EXEMPTION FROM THE SECURITIES REPRESENTED HEREBY; OR (II) REGISTRATION REQUIREMENTS OF SUCH SALE OR TRANSFER HAS BEEN EXEMPT FROM REGISTRATIONLAWS IS APPLICABLE. THE SECURITIES REPRESENTED BY THIS CERTIFICATE ARE ISSUED PURSUANT SUBJECT TO THE THAT CERTAIN AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT AGREEMENT, DATED AS OF JULY 31, 2012, AMONG THE COMPANYBENEFICIAL OWNER HEREOF AND SUCH OTHER PARTIES THAT MAY BE SIGNATORIES TO SUCH AGREEMENT, AS MAY BE AMENDED OR RESTATED, A COPY OF WHICH IS ON FILE AT THE PRINCIPAL OFFICE OF THE COMPANY, AND SUCH SECURITIES ARE SUBJECT TO THE LIMITATIONS THEREIN. THIS CERTIFICATE EVIDENCES A MEMBERSHIP INTEREST IN THE COMPANY AND SHALL BE A “SECURITY” GOVERNED AND FOR PURPOSES OF ARTICLE 8 OF THE UNIFORM COMMERCIAL CODE AS IN EFFECT IN ANY APPLICABLE JURISDICTION IN WHICH THIS CERTIFICATE IS HELD BY A PLEDGEE HEREOF.

Appears in 1 contract

Samples: Limited Liability Company Agreement (ICG Knott County, LLC)

Certificates for Units. (a) The Units of the Company will be certificated. Each Unit shall be signed by, or in the name of the Company by, any Director or the President or any Vice President, Secretary or Assistant Secretary of the Company, certifying the number of Units owned by such person. In case any officer who has signed a certificate shall have ceased to be an officer of the Company before such certificate is issued, it may be issued by the Company with the same effect as if he or she were such officer at the date of issue. (b) The Board of Directors An officer may direct a new certificate or certificates to be issued in place of any certificate or certificates theretofore issued by the Company alleged to have been lost, stolen or destroyed, upon the making of an affidavit of that fact by the person claiming the certificate of stock to be lost, stolen or destroyed. (c) The following legend (in addition to any other legends required by applicable law or otherwise) shall be included on each certificate representing Units: THE SECURITIES REPRESENTED EVIDENCED BY THIS CERTIFICATE HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, THE DELAWARE SECURITIES ACT OR THE SECURITIES LAWS OF ANY OTHER STATE AND CANNOT STATE. THESE SECURITIES MAY NOT BE SOLD SOLD, TRANSFERRED, ASSIGNED, PLEDGED OR TRANSFERRED OTHERWISE DISPOSED OF UNLESS (I) A REGISTRATION STATEMENT UNDER THE ALL APPLICABLE SECURITIES ACT OF 1933, AS AMENDED, AND/OR THE DELAWARE SECURITIES ACT LAWS IS THEN IN EFFECT WITH RESPECT TO OR AN EXEMPTION FROM THE SECURITIES REPRESENTED HEREBY; OR (II) REGISTRATION REQUIREMENTS OF SUCH SALE OR TRANSFER HAS BEEN EXEMPT FROM REGISTRATIONLAWS IS APPLICABLE. THE SECURITIES REPRESENTED BY THIS CERTIFICATE ARE ISSUED PURSUANT SUBJECT TO THE THAT CERTAIN AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT AGREEMENT, DATED AS OF JUNE 30, 2012, AMONG THE COMPANYBENEFICIAL OWNER HEREOF AND SUCH OTHER PARTIES THAT MAY BE SIGNATORIES TO SUCH AGREEMENT, AS MAY BE AMENDED OR RESTATED, A COPY OF WHICH IS ON FILE AT THE PRINCIPAL OFFICE OF THE COMPANY, AND SUCH SECURITIES ARE SUBJECT TO THE LIMITATIONS THEREIN. THIS CERTIFICATE EVIDENCES A MEMBERSHIP INTEREST IN THE COMPANY AND SHALL BE A “SECURITY” GOVERNED AND FOR PURPOSES OF ARTICLE 8 OF THE UNIFORM COMMERCIAL CODE AS IN EFFECT IN ANY APPLICABLE JURISDICTION IN WHICH THIS CERTIFICATE IS HELD BY A PLEDGEE HEREOF.

Appears in 1 contract

Samples: Limited Liability Company Agreement (ICG Knott County, LLC)

Certificates for Units. (a) The Units of the Company will be certificated. Each Unit shall be signed by, or in the name of the Company by, any Director Manager or the President or any Vice President, Secretary or Assistant Secretary of the Company, certifying the number of Units owned by such person. In case any officer who has signed a certificate shall have ceased to be an officer of the Company before such certificate is issued, it may be issued by the Company with the same effect as if he or she were such officer at the date of issue. (b) The Board of Directors Managers may direct a new certificate or certificates to be issued in place of any certificate or certificates theretofore issued by the Company alleged to have been lost, stolen or destroyed, upon the making of an affidavit of that fact by the person claiming the certificate of stock to be lost, stolen or destroyed. (c) The following legend (in addition to any other legends required by applicable law or otherwise) shall be included on each certificate representing Units: THE SECURITIES REPRESENTED EVIDENCED BY THIS CERTIFICATE HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, THE DELAWARE SECURITIES ACT OR THE SECURITIES LAWS OF ANY OTHER STATE AND CANNOT STATE. THESE SECURITIES MAY NOT BE SOLD SOLD, TRANSFERRED, ASSIGNED, PLEDGED OR TRANSFERRED OTHERWISE DISPOSED OF UNLESS (I) A REGISTRATION STATEMENT UNDER THE ALL APPLICABLE SECURITIES ACT OF 1933, AS AMENDED, AND/OR THE DELAWARE SECURITIES ACT LAWS IS THEN IN EFFECT WITH RESPECT TO OR AN EXEMPTION FROM THE SECURITIES REPRESENTED HEREBY; OR (II) REGISTRATION REQUIREMENTS OF SUCH SALE OR TRANSFER HAS BEEN EXEMPT FROM REGISTRATIONLAWS IS APPLICABLE. THE SECURITIES REPRESENTED BY THIS CERTIFICATE ARE ISSUED PURSUANT SUBJECT TO THE THAT CERTAIN AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT, DATED AS OF JUNE 30, 2012, AMONG THE BENEFICIAL OWNER HEREOF AND SUCH OTHER PARTIES THAT MAY BE SIGNATORIES TO SUCH AGREEMENT, AS SUCH AGREEMENT OF THE COMPANYMAY BE AMENDED OR RESTATED, A COPY OF WHICH IS ON FILE AT THE PRINCIPAL OFFICE OF THE COMPANY, AND SUCH SECURITIES ARE SUBJECT TO THE LIMITATIONS THEREIN. THIS CERTIFICATE EVIDENCES A MEMBERSHIP INTEREST IN THE COMPANY AND SHALL BE A “SECURITY” GOVERNED AND FOR PURPOSES OF ARTICLE 8 OF THE UNIFORM COMMERCIAL CODE AS IN EFFECT IN ANY APPLICABLE JURISDICTION IN WHICH THIS CERTIFICATE IS HELD BY A PLEDGEE HEREOF.

Appears in 1 contract

Samples: Limited Liability Company Agreement (ICG Knott County, LLC)

Certificates for Units. (a) The Units of the Company will be certificated. Each Unit shall be signed by, or in the name of the Company by, any Director or the President or any Vice President, Secretary or Assistant Secretary of the Company, certifying the number of Units owned by such person. In case any officer who has signed a certificate shall have ceased to be an officer of the Company before such certificate is issued, it may be issued by the Company with the same effect as if he or she were such officer at the date of issue. (b) The Board of Directors may direct a new certificate or certificates to be issued in place of any certificate or certificates theretofore issued by the Company alleged to have been lost, stolen or destroyed, upon the making of an affidavit of that fact by the person claiming the certificate of stock to be lost, stolen or destroyed. (c) The following legend (in addition to any other legends required by applicable law or otherwise) shall be included on each certificate representing Units: THE SECURITIES REPRESENTED EVIDENCED BY THIS CERTIFICATE HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, THE DELAWARE SECURITIES ACT OR THE SECURITIES LAWS OF ANY OTHER STATE AND CANNOT STATE. THESE SECURITIES MAY NOT BE SOLD SOLD, TRANSFERRED, ASSIGNED, PLEDGED OR TRANSFERRED OTHERWISE DISPOSED OF UNLESS (I) A REGISTRATION STATEMENT UNDER THE ALL APPLICABLE SECURITIES ACT OF 1933, AS AMENDED, AND/OR THE DELAWARE SECURITIES ACT LAWS IS THEN IN EFFECT WITH RESPECT TO OR AN EXEMPTION FROM THE SECURITIES REPRESENTED HEREBY; OR (II) REGISTRATION REQUIREMENTS OF SUCH SALE OR TRANSFER HAS BEEN EXEMPT FROM REGISTRATIONLAWS IS APPLICABLE. THE SECURITIES REPRESENTED BY THIS CERTIFICATE ARE ISSUED PURSUANT SUBJECT TO THE THAT CERTAIN AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT, DATED AS OF JUNE 30, 2012, AMONG THE BENEFICIAL OWNER HEREOF AND SUCH OTHER PARTIES THAT MAY BE SIGNATURIES TO SUCH AGREEMENT, AS SUCH AGREEMENT OF THE COMPANYMAY BE AMENDED OR RESTATED, A COPY OF WHICH IS ON FILE AT THE PRINCIPAL OFFICE OF THE COMPANY, AND SUCH SECURITIES ARE SUBJECT TO THE LIMITATIONS THEREIN. THIS CERTIFICATE EVIDENCES A MEMBERSHIP INTEREST IN THE COMPANY AND SHALL BE A “SECURITY” GOVERNED AND FOR PURPOSES OF ARTICLE 8 OF THE UNIFORM COMMERCIAL CODE AS IN EFFECT IN ANY APPLICABLE JURISDICTION IN WHICH THIS CERTIFICATE IS HELD BY A PLEDGEE HEREOF.

Appears in 1 contract

Samples: Limited Liability Company Agreement (ICG Knott County, LLC)

Certificates for Units. (a) The Units of the Company will be certificated. Each Unit shall be signed by, or in the name of the Company by, any Director Manager or the President or any Vice President, Secretary or Assistant Secretary of the Company, certifying the number of Units owned by such person. In case any officer who has signed a certificate shall have ceased to be an officer of the Company before such certificate is issued, it may be issued by the Company with the same effect as if he or she were such officer at the date of issue. (b) The Board of Directors Managers may direct a new certificate or certificates to be issued in place of any certificate or certificates theretofore issued by the Company alleged to have been lost, stolen or destroyed, upon the making of an affidavit of that fact by the person claiming the certificate of stock to be lost, stolen or destroyed. (c) The following legend (in addition to any other legends required by applicable law or otherwise) shall be included on each certificate representing Units: THE SECURITIES REPRESENTED EVIDENCED BY THIS CERTIFICATE HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, THE DELAWARE SECURITIES ACT OR THE SECURITIES LAWS OF ANY OTHER STATE AND CANNOT STATE. THESE SECURITIES MAY NOT BE SOLD SOLD, TRANSFERRED, ASSIGNED, PLEDGED OR TRANSFERRED OTHERWISE DISPOSED OF UNLESS (I) A REGISTRATION STATEMENT UNDER THE ALL APPLICABLE SECURITIES ACT OF 1933, AS AMENDED, AND/OR THE DELAWARE SECURITIES ACT LAWS IS THEN IN EFFECT WITH RESPECT TO OR AN EXEMPTION FROM THE SECURITIES REPRESENTED HEREBY; OR (II) REGISTRATION REQUIREMENTS OF SUCH SALE OR TRANSFER HAS BEEN EXEMPT FROM REGISTRATIONLAWS IS APPLICABLE. THE SECURITIES REPRESENTED BY THIS CERTIFICATE ARE ISSUED PURSUANT SUBJECT TO THE THAT CERTAIN LIMITED LIABILITY COMPANY AGREEMENT AGREEMENT, DATED AS OF JUNE 27, 2012, AMONG THE COMPANYBENEFICIAL OWNER HEREOF AND SUCH OTHER PARTIES THAT MAY BE SIGNATURIES TO SUCH AGREEMENT, A COPY OF WHICH IS ON FILE AT THE PRINCIPAL OFFICE OF THE COMPANY, AND SUCH SECURITIES ARE SUBJECT TO THE LIMITATIONS THEREIN. THIS CERTIFICATE EVIDENCES A MEMBERSHIP INTEREST IN THE COMPANY AND SHALL BE A “SECURITY” GOVERNED AND FOR PURPOSES OF ARTICLE 8 OF THE UNIFORM COMMERCIAL CODE AS IN EFFECT IN ANY APPLICABLE JURISDICTION IN WHICH THIS CERTIFICATE IS HELD BY A PLEDGEE HEREOF.

Appears in 1 contract

Samples: Limited Liability Company Agreement (ICG Knott County, LLC)

Certificates for Units. (a) The Units of the Company will be certificated. Each Unit shall be signed by, or in the name of the Company by, any Director Manager or the President or any Vice President, Secretary or Assistant Secretary of the Company, certifying the number of Units owned by such person. In case any officer who has signed a certificate shall have ceased to be an officer of the Company before such certificate is issued, it may be issued by the Company with the same effect as if he or she were such officer at the date of issue. (b) The Board of Directors Managers may direct a new certificate or certificates to be issued in place of any certificate or certificates theretofore issued by the Company alleged to have been lost, stolen or destroyed, upon the making of an affidavit of that fact by the person claiming the certificate of stock to be lost, stolen or destroyed. (c) The following legend (in addition to any other legends required by applicable law or otherwise) shall be included on each certificate representing Units: THE SECURITIES REPRESENTED EVIDENCED BY THIS CERTIFICATE HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, THE DELAWARE SECURITIES ACT OR THE SECURITIES LAWS OF ANY OTHER STATE AND CANNOT STATE. THESE SECURITIES MAY NOT BE SOLD SOLD, TRANSFERRED, ASSIGNED, PLEDGED OR TRANSFERRED OTHERWISE DISPOSED OF UNLESS (I) A REGISTRATION STATEMENT UNDER THE ALL APPLICABLE SECURITIES ACT OF 1933, AS AMENDED, AND/OR THE DELAWARE SECURITIES ACT LAWS IS THEN IN EFFECT WITH RESPECT TO OR AN EXEMPTION FROM THE SECURITIES REPRESENTED HEREBY; OR (II) REGISTRATION REQUIREMENTS OF SUCH SALE OR TRANSFER HAS BEEN EXEMPT FROM REGISTRATIONLAWS IS APPLICABLE. THE SECURITIES REPRESENTED BY THIS CERTIFICATE ARE ISSUED PURSUANT SUBJECT TO THE THAT CERTAIN AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT, DATED AS OF JUNE 30, 2012, AMONG THE BENEFICIAL OWNER HEREOF AND SUCH OTHER PARTIES THAT MAY BE SIGNATORIES TO SUCH AGREEMENT, AS SUCH AGREEMENT OF THE COMPANYMAY SUBSEQUENTLY BE AMENDED OR RESTATED, A COPY OF WHICH IS ON FILE AT THE PRINCIPAL OFFICE OF THE COMPANY, AND SUCH SECURITIES ARE SUBJECT TO THE LIMITATIONS THEREIN. THIS CERTIFICATE EVIDENCES A MEMBERSHIP INTEREST IN THE COMPANY AND SHALL BE A “SECURITY” GOVERNED AND FOR PURPOSES OF ARTICLE 8 OF THE UNIFORM COMMERCIAL CODE AS IN EFFECT IN ANY APPLICABLE JURISDICTION IN WHICH THIS CERTIFICATE IS HELD BY A PLEDGEE HEREOF.

Appears in 1 contract

Samples: Limited Liability Company Agreement (ICG Knott County, LLC)

Certificates for Units. (a) The Units of the Company will be certificated. Each Unit shall be signed by, or in the name of the Company by, any Director or the President or any Vice President, Secretary or Assistant Secretary of the Company, certifying the number of Units owned by such person. In case any officer who has signed a certificate shall have ceased to be an officer of the Company before such certificate is issued, it may be issued by the Company with the same effect as if he or she were such officer at the date of issue. (b) The Board of Directors may direct a new certificate or certificates to be issued in place of any certificate or certificates theretofore issued by the Company alleged to have been lost, stolen or destroyed, upon the making of an affidavit of that fact by the person claiming the certificate of stock to be lost, stolen or destroyed. (c) The following legend (in addition to any other legends required by applicable law or otherwise) shall be included on each certificate representing Units: THE SECURITIES REPRESENTED EVIDENCED BY THIS CERTIFICATE HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, THE DELAWARE SECURITIES ACT OR THE SECURITIES LAWS OF ANY OTHER STATE AND CANNOT STATE. THESE SECURITIES MAY NOT BE SOLD SOLD, TRANSFERRED, ASSIGNED, PLEDGED OR TRANSFERRED OTHERWISE DISPOSED OF UNLESS (I) A REGISTRATION STATEMENT UNDER THE ALL APPLICABLE SECURITIES ACT OF 1933, AS AMENDED, AND/OR THE DELAWARE SECURITIES ACT LAWS IS THEN IN EFFECT WITH RESPECT TO OR AN EXEMPTION FROM THE SECURITIES REPRESENTED HEREBY; OR (II) REGISTRATION REQUIREMENTS OF SUCH SALE OR TRANSFER HAS BEEN EXEMPT FROM REGISTRATIONLAWS IS APPLICABLE. THE SECURITIES REPRESENTED BY THIS CERTIFICATE ARE ISSUED PURSUANT SUBJECT TO THE THAT CERTAIN FIFTH AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT AGREEMENT, DATED AS OF JULY 31, 2012, AMONG THE COMPANYBENEFICIAL OWNER HEREOF AND SUCH OTHER PARTIES THAT MAY BE SIGNATORIES TO SUCH AGREEMENT, AS MAY BE AMENDED OR RESTATED, A COPY OF WHICH IS ON FILE AT THE PRINCIPAL OFFICE OF THE COMPANY, AND SUCH SECURITIES ARE SUBJECT TO THE LIMITATIONS THEREIN. THIS CERTIFICATE EVIDENCES A MEMBERSHIP INTEREST IN THE COMPANY AND SHALL BE A “SECURITY” GOVERNED AND FOR PURPOSES OF ARTICLE 8 OF THE UNIFORM COMMERCIAL CODE AS IN EFFECT IN ANY APPLICABLE JURISDICTION IN WHICH THIS CERTIFICATE IS HELD BY A PLEDGEE HEREOF.

Appears in 1 contract

Samples: Limited Liability Company Agreement (ICG Knott County, LLC)

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