Common use of Company Capitalization Clause in Contracts

Company Capitalization. The Transferor Operating Agreement (i) is the only agreement among the members relating to the organization, operation, or management of the Transferor Company, (ii) is in full force and effect and (iii) has not been amended or modified. Exhibit I sets forth an accurate and complete list of the names and residence addresses of all of the Transferor Members of the Transferor Company, and the Transferor Members' respective membership interests in the Transferor Company. Except as set forth on Exhibit I, no other person or party owns any membership interest in the Transferor Company. No Transferor Member is in default with respect to any capital contribution required to be paid by him or it pursuant to the Transferor Operating Agreement. A true, correct and complete copy of the Transferor Operating Agreement is attached hereto as Exhibit II. The Transferor Company has no commitment to issue any right to purchase or acquire or to issue or distribute to any of the Transferor Members, any evidences of indebtedness or assets; and the Transferor Company has no obligation, contingent or otherwise, to purchase, redeem or otherwise acquire any interest in the Transferor Company or any interest therein or to make any distribution in respect thereof.