Common Members. (i) Any recipient of a Common Interest pursuant to Section 4.03(a) or Section 7.02(a) who is not a Common Member at the time of such issuance or such Transfer, as applicable, shall be admitted as an additional Common Member and shall be listed as a “Common Member” on Schedule 1.01(a), and the issuance or Transfer, as applicable, of the Common Interest shall be effective upon the execution and delivery to the Company by such recipient of an agreement in which such person agrees to be bound by this Agreement and any other agreements, documents or instruments specified by the Managing Members or the Lazard Board; provided, however, that a recipient who is not a Common Member at the time of such issuance or Transfer, as applicable, shall only be admitted as an additional Common Member with the prior approval of the Lazard Board or the Lazard Ltd Board.
Common Members. In addition to the contributions made pursuant to Section 3.1, but subject to the limitations hereinafter set forth in this Agreement, each Common Member shall contribute from time to time its Common Percentage (subject to Section 3.5) of the capital required to meet the financial obligations of the Company or any Company Subsidiary. Each contribution under this Section 3.2 is herein called a “Subsequent Contribution.” No additional capital contributions shall be required to be made by the Members other than as expressly provided in this Section 3.2. The sole remedies available to the Company and the Members for any failure of a Member to fund its share of any Subsequent Contributions required under this Section 3.2 shall be the procedures set forth in Section 3.3 (and in the case such failure is by ESC, Section 3.5). No Member shall be deemed to be in default hereunder for failure to make any Subsequent Contribution.
Common Members. (i) Effective immediately upon the consummation of, in the case of Lazard Ltd Sub A, the Lazard Ltd Sub A Contribution or, in the case of Lazard Ltd Sub B, the Lazard Ltd Sub B Contribution, Lazard Ltd Sub A or Lazard Ltd Sub B, as applicable, shall be admitted to the Company as a Common Member and shall be issued a Common Interest pursuant to the Master Separation Agreement and this Agreement, and Lazard Ltd Sub A shall be issued an additional amount of Common Units and Common Capital pursuant to (A) any exercise of the Over-allotment Option (as defined in the Master Separation Agreement) in the amounts, on the terms and subject to the conditions set forth in the Master Separation Agreement and this Agreement, (B) the Third Party Investment (as defined in the Master Separation Agreement) in the amounts, on the terms and subject to the conditions set forth in the Master Separation Agreement and this Agreement, and (C) the Second Redemption as contemplated by Schedule 4.03(d) in the amounts, on the terms and subject to the conditions set forth in the Master Separation Agreement and this Agreement.
(ii) Any recipient of Common Units pursuant to any issuance under Section 4.03(b)(ii)(1) who is not a Common Member at the time of such issuance shall be admitted as an additional Common Member, and the issuance of the Common Interest shall be only effective, upon the execution, and delivery to the Company, by such recipient of an agreement in which such person agrees to be bound by this Agreement and any other agreements, documents or instruments specified by the Lazard Board. The admission of a Transferee as a Common Member pursuant to any Transfer permitted by Section 7.02(a) shall be governed by Section 7.02.
(iii) Effective immediately upon the Transfer of a Common Member’s entire Common Interest as provided in Section 7.02(a), such Member (or his estate) shall cease to have any interest in the profits, losses, assets, properties or capital of the Company (other than, in the event such Member is a Profit Participation Member, such Member’s Profit Participation Interest) and shall cease to be a Common Member.
Common Members. Second, losses for any Fiscal Year shall be allocated among the Common Members in proportion to their respective Percentage Interests, subject to the limitation in Section 10.2.4 below.
Common Members. New Enterprise Associates 13, L.P. By: NEA Partners 13, L.P., its general partner By: NEA 13 GP, LTD, its general partner By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Chief Legal Officer The parties hereto have caused this AMENDMENT TO OPERATING AGREEMENT to be executed and delivered as of the date first above written. Third Rock Ventures, L.P. By: Third Rock Ventures GP, L.P., its general partner By: TRV GP, LLC, its general partner By: /s/ Xxxxx X. Xxxxxxxxx Name: Xxxxx X. Xxxxxxxxx Title: Partner The parties hereto have caused this AMENDMENT TO OPERATING AGREEMENT to be executed and delivered as of the date first above written. SUTREPA SAS By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Chairman The parties hereto have caused this AMENDMENT TO OPERATING AGREEMENT to be executed and delivered as of the date first above written.
Common Members s/ Xxxx Xxxxxxxxx
Common Members. CBL & ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership By: CBL Holdings I, Inc., its general partner By: Name: Xxxxxxx X. Xxxxxxxx Title: Executive Vice President - Finance ST. CLAIR SQUARE GP, INC., an Illinois Corporation By: Name: Xxxxxxx X. Xxxxxxxx Title: Executive Vice President - Finance ARBOR PLACE LIMITED PARTNERSHIP, A Georgia limited partnership By: Arbor Place GP, Inc., a Georgia corporation, its general partner By: Name: Xxxxxxx X. Xxxxxxxx Title: Executive Vice President - Finance WESTFIELD AMERICA LIMITED PARTNERSHIP, a Delaware limited partnership By: Westfield U.S. Holdings, LLC, its general partner By: Name: XXXXX XXXXXXXX SENIOR EXECUTIVE VP Chapel Hill Mall Project October 16, 2007 100% The shopping center located in Akron, Ohio commonly known as “Chapel Hill Mall”, the fee title to which is owned by CHM/AKRON, LLC, a Delaware limited liability company $109,917,000 $75,912,000 $34,005,000 Chapel Hill Suburban/Crossing October 16. 2007 100% The shopping center located in Akron, Ohio commonly known as “Chapel Hill Suburban or Chapel Hill Crossing”, the fee title to which is owned by C.H. of Akron II, LLC, a Delaware limited liability company $4,367,000 $0 $4,367,000 Chesterfield Mall Proiect April 2, 2008 100% The shopping center located in St. Louis (Chesterfield), MO commonly known as “Chesterfield Mall”, the fee title to which is owned by Chesterfield Mall LLC, a Delaware limited liability company $301,789,733 $140,000,000 $161,789,733 Greenbrier Mall Proiect October 16, 2007 100% The shopping center located in Chesapeake, Virginia commonly known as “Greenbrier Mall”, the fee title to which is owned by Greenbrier Mall II, LLC, a Delaware limited liability company $151,333,000 $83,755,000 $67,578,000 Mall of Acadiana Proiect October 16, 2007 100% The shopping center located in Lafayette, Louisiana commonly known as “Mall of Acadiana”, the fee title to which is owned by Acadiana Mall of Delaware, LLC, a Delaware limited liability company $197,167,000 $149,431,000 $47,736,000 Park Plaza Mall Project October 16, 2007 100% The shopping center located in Little Rock, Arkansas commonly known as “Park Plaza Mall”, the fee title to which is owned by CBL/Park Plaza Mall, LLC, a Delaware limited liability company $152,700,000 $39,962,000 $112,738,000 Shoppes at St. Clair Project October 16, 2007 100% The shopping center located in Fairview Heights, Illinois commonly known as “Shoppes at St. Clair”, the fee title to which is owned by...
Common Members. CLASS A HOLDER:
Common Members. Those Persons subscribing for Common Shares and admitted as Members by the Investment Manager:
