Common use of Effect of Inconsistencies with the Act Clause in Contracts

Effect of Inconsistencies with the Act. This Agreement shall constitute the “limited liability company agreement” (as that term is used in the Act) of the Fund. The rights, powers, duties, obligations and liabilities of the Members shall be determined pursuant to the Act and this Agreement. To the extent that the rights or obligations of any Member are different by reason of any provision of this Agreement than they would be in the absence of such provisions, this Agreement shall, to the extent permitted by the Act, control.

Appears in 2 contracts

Samples: Limited Liability Company Operating Agreement, Limited Liability Company Operating Agreement

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Effect of Inconsistencies with the Act. This Agreement shall constitute the "limited liability company agreement" (as that term is used in the Act) of the Fund. The rights, powers, duties, obligations and liabilities of the Members shall be determined pursuant to the Act and this Agreement. To the extent that the rights or obligations of any Member are different by reason of any provision of this Agreement than they would be in the absence of such provisions, this Agreement shall, to the extent permitted by the Act, control.

Appears in 2 contracts

Samples: Limited Liability Company Operating Agreement, Limited Liability Company Operating Agreement

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