Common use of Disposition by Broin Investments II, LLC; Right of First Refusal Clause in Contracts

Disposition by Broin Investments II, LLC; Right of First Refusal. Broin Investments II, LLC, shall be prohibited from Disposing of all or a portion of its Class B Capital Units issued in the Offering, other than to an Affiliate of Broin Investments II, LLC, without first offering the Class B Capital Units to the Company at fair market value, as defined in Section 4.5. If Broin Investments desires to Dispose of all or a portion of its Class B Capital Units, it shall give the Company written notice of such desire. If, within 30 days of the notice, the Company has not elected in writing to purchase such Class B Capital Units, Broin Investments may Dispose of its Class B Capital Units to a third party in accordance with Section 4.1 and the Board of Managers shall not unreasonably withhold its consent thereto.

Disposition by Broin Investments II, LLC; Right of First Refusal. Broin Investments II, LLC, shall be prohibited from Disposing of all or a portion of its Class B Capital Units issued in the OfferingUnits, other than to an Affiliate of Broin Investments II, LLC, without first offering the Class B Capital Units to the Company at fair market value, as defined in Section 4.5. If Broin Investments desires to Dispose of all or a portion of its Class B Capital Units, it shall give the Company written notice of such desire. If, within 30 thirty (30) days of the notice, the Company has not elected in writing to purchase such Class B Capital Units, Broin Investments II, LLC may Dispose of its Class B Capital Units to a third party in accordance with Section 4.1 and the Board of Managers shall not unreasonably withhold its consent thereto.