Common use of Formation and Agreement Clause in Contracts

Formation and Agreement. The initial Members formed the Company as a Minnesota limited liability company by filing Articles of Organization with the Minnesota Secretary of State on April 27, 2006. The Members hereby agree that this Agreement constitutes a “Member Control Agreement” within the meaning of Section 322B.37 of the Act. To the extent that the rights and obligations of any Member are different by reason of any provision of this Agreement than they would be in the absence of such provision, this Agreement, to the extent permitted by the Act, shall control.

Formation and Agreement. The initial Members formed the Company as a Minnesota limited liability company by filing Articles of Organization with the Minnesota Secretary of State on April 27March 31, 2006. The Members hereby agree that this Agreement constitutes a “Member Control Agreement” within the meaning of Section 322B.37 of the Act. To the extent that the rights and obligations of any Member are different by reason of any provision of this Agreement than they would be in the absence of such provision, this Agreement, to the extent permitted by the Act, shall control.

Formation and Agreement. The initial Members formed have caused the Company to be formed as a Minnesota limited liability company by filing Articles pursuant to the provisions of Organization with the Minnesota Secretary of State on April 27, 2006Act. The Members hereby agree that this Agreement constitutes a the “Member Control Agreementmember control agreement” within the meaning of Section 322B.37 of the Act. To the extent that the rights and or obligations of any Member are different by reason of any provision of this Agreement than they would be in the absence of such provisionprovisions, this Agreement, to the extent permitted by the Act, shall control.

Formation and Agreement. The initial Members formed the Company as a Minnesota limited liability company by filing Articles of Organization with the Minnesota Secretary of State on April 27, 2006. The Members hereby agree that this Agreement constitutes a an “Member Control Operating Agreement” within the meaning of Section 322B.37 322C.0102 of the Act. To the extent that the rights and obligations of any Member are different by reason of any provision of this Agreement than they would be in the absence of such provision, this Agreement, to the extent permitted by the Act, shall control.

Formation and Agreement. The initial Members formed the Company as a Minnesota limited liability company by filing Articles of Organization with the Minnesota Secretary of State on April 27October 12, 20062004. The Members hereby agree that this Agreement constitutes a “Member Control Agreement” within the meaning of Section 322B.37 of the Act. To the extent that the rights and obligations of any Member are different by reason of any provision of this Agreement than they would be in the absence of such provision, including by reason of the Articles of Organization or Operating Agreement of the Company, this Agreement, to the extent permitted by the Act, shall control.