Independent Conduct. The Trustees, and the Trustor on behalf of all future Unit Owners, hereby reserve and retain the right to engage in all businesses and activities of any kind whatsoever (irrespective of whether the same may be in competition with the Trust), and to receive compensation or profit therefor, for their own respective accounts and without in any manner being obligated to disclose or offer such business and activities or assets or compensation or profit to each other or to the Trust. In Witness Whereof, Trustor and Trustees hereunto set their hands effective as of the day and year first above written. TRUSTOR: XXXXXXX XXXXXXXX ENERGY, INC. By: /Xxxx Xxxxxx TRUSTEES: /s/Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx /s/Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx /s/Jordan X. Xxxxx Xxxxxx X. Xxxxx SCHEDULE 1 NEW MEXICO WORKING INTEREST TRUST Ownership Summary Xxxxxxx, Xxxx 16.1712 % Xxxxx, Xxx 15.5309 % Xxxxxx, Xxxx 15.1056 % Xxxxxx, Xxxx 8.6567 % Xxxxxxx, Xxxx 6.1314 % Xxxxxx, Xxxxx 6.0198 % Xxxxxx, Xxxx 5.9006 % Xxxxxx, Xxxx 5.4168 % Xxxxxx, Xxxx 5.4089 % Xxxxx, Xxx 5.0507 % Xxxxxxxxx, Xxxxxxxx 3.2198 % Xxxxxxx, Xxxx 2.4047 % Xxxxx, Xxxxx 2.1970 % Xxxxxxx, Xxx 0.6026 % Xxxxxx, Xxxxxx 0.5475 % Xxxxxxxxxx, Xxxxxx 0.4649 % Xxxxxx, Xxxxxx 0.4419 % Xxxxxx, Xxxxxx 0.3960 % Xxxxx, Xxx 0.1664 % Xxxxxx, Xxxxx 0.1664 % 100.0000 %
Independent Conduct. Each of the Partners and their respective Affiliates reserve and retain the right to engage in all businesses and activities of any kind whatsoever (regardless of whether the same may be in competition with the business and activities of the Partnership), and to acquire and own all assets however acquired and wherever situated, and to receive compensation or profit therefrom, for their own respective accounts and without in any manner being obligated to disclose such business and activities or assets or compensation or profit to the other Partners or to the Partnership.
Independent Conduct. The Representatives and the Manager shall not be required to manage the Company as their sole and exclusive function and such Manager and Representatives and Affiliates of any Member may have other business interests and may engage in other investments or activities in addition to those relating to the Company, irrespective of whether some may be in competition with the business and activities of the Company. Neither the Company nor any Member shall have any right, by virtue of this Agreement, to share or participate in such other business interests, investments or activities of a Manager or a Representative or an Affiliate of a Member, or to the income or proceeds derived therefrom. No Manager or Representative shall incur liability to the Company or to any Member solely by reason of engaging in any such other business, investment or activity. Nothing in this Agreement shall affect any obligations and liabilities of a Member Representative to the Member that selected such Member Representative.
Independent Conduct. (a) Except as provided in Section 6.6 or 7.6(b), each Member and its Affiliates shall have the right to (i) engage in any and all businesses and activities of any kind (irrespective of whether such businesses and activities compete with the businesses and activities of the Company, the other Members or any of their respective Affiliates), (ii) use, lease and own any and all rights and properties of any kind, however used, leased or owned and wherever used, leased or owned, and (iii) receive compensation or profit therefrom for its or their own account and without in any manner being obligated to disclose or offer such businesses, activities, rights, properties, compensation or profit to the Company, the other Members or any of their respective Affiliates.
Independent Conduct. Each of the Partners and respective Affiliates reserve and retain the right to engage in all businesses and activities of any kind whatsoever (irrespective of whether same may be in competition with the business and activities of the Partnership) and to acquire and own all assets however acquired and wherever situated, and to receive compensation or profit therefrom, for its own respective account and without in any manner being obligated to disclose such business and activities or assets or compensation or profit to the other Partners or to the Partnership. EXECUTED to be effective as of the first date above written. GENERAL PARTNER: DDOPP HOLDING LLC By: /s/ Xxxxxx X. Xxxxxxx Xxxxxx X. Xxxxxxx, Assistant Secretary LIMITED PARTNER: HANGER PROSTHETICS & ORTHOTICS, INC. By: /s/ Xxxxxx X. Xxxxxxx Xxxxxx X. Xxxxxxx, Vice President and General Counsel EXHIBIT “A” TO THE AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF XXXXXXX’X DYNAMIC ORTHOTICS AND PROSTHETICS PARTNERSHIP, LTD. PARTNER STATUS INITIAL CAPITAL CONTRIBUTION PARTNERSHIP UNITS SHARING RATIO DDOPP HOLDING LLC 00000 Xxxxxx Xxxxx, Xxxxx 000 Xxxxxx, Xxxxx 00000 GENERAL PARTNER $ 12,027 100 1 % HANGER PROSTHETICS & ORTHOTICS, INC. 00000 Xxxxxx Xxxxx, Xxxxx 000 Xxxxxx, Xxxxx 00000 LIMITED PARTNER $ 1,190,671 9,900 99 % TOTALS $ 1,202,698 10,000 100 % EXHIBIT “B” Certificate No. CERTIFICATE OF No. of Units LIMITED PARTNERSHIP INTEREST OF XXXXXXX’X DYNAMIC ORTHOTICS AND PROSTHETICS PARTNERSHIP, LTD. This Certificates that has been admitted as a Limited Partner of XXXXXXX’X DYNAMIC ORTHOTICS AND PROSTHETICS PARTNERSHIP, LTD., and has been issued Partnership Units which represent its interest as a Limited Partner in the Partnership.
Independent Conduct. The Company, the Trustee and the Company on behalf of all future Unit Holders hereby reserve and retain the right to engage in all businesses and activities of any kind whatsoever (irrespective of whether the same may be in competition with the Trust), and to acquire and own all assets however acquired and wherever situated and to receive compensation or profit thereof, for their own respective accounts and without in any manner being obligated to disclose or offer such businesses, activities, assets, compensation or profit to each other or to the Trust.
