Common use of Issuances of Additional Company Securities Clause in Contracts

Issuances of Additional Company Securities. (a) The Company may issue additional Shares and other securities of the Company, and unsecured and secured debt obligations, debt obligations convertible into any class or series of Shares, or any combination of the foregoing, and options, rights, warrants, appreciation rights and other derivative rights relating to the securities of the Company, for any Company purpose at any time and from time to time to such Persons for such consideration and on such terms and conditions as the Board of Directors shall determine, all without the approval of any Shareholder. (b) Additional Shares authorized to be issued by the Company pursuant to Section 5.3(a) may be authorized and/or issued in one or more classes or series, with such designations, preferences, rights, powers and duties (which may be senior to existing classes and series of Shares or other securities of the Company), as shall be fixed by the Board of Directors and reflected in a written action or actions approved by the Board of Directors in compliance with Section 7.1(i) (each, a “Share Designation”), including (i) the right to share in Company distributions; (ii) the rights upon dissolution and liquidation of the Company; (iii) whether, and the terms and conditions upon which, the Company may redeem such class or series of Shares; (iv) whether such class or series of Shares is issued with the privilege of conversion or exchange and, if so, the terms and conditions of such conversion or exchange; (v) the terms and conditions upon which each class or series of Shares will be issued, evidenced (or not evidenced) by certificates and assigned or transferred; and (vii) the right, if any, of each such class or series of Shares to vote on Company matters, including matters relating to the relative rights, preferences and privileges of such class or series of Shares. A Share Designation (or any resolution of the Board of Directors amending any Share Designation) shall be effective when a duly executed (executed in accordance with Section 7.1(i)) original of the same is delivered to the Secretary of the Company for inclusion among the permanent records of the Company. For the avoidance of doubt, any securities of the Company, in addition to additional classes or series of Shares, may be issued on such terms and conditions as the Board of Directors may determine. (c) The Board of Directors shall take all actions that it determines to be necessary or appropriate in connection with (i) each issuance of Shares and other securities of the Company, unsecured and secured debt obligations, debt obligations convertible into any class or series of Shares, or any combination of the foregoing, and options, rights, warrants, appreciation rights and other derivative rights relating to securities, issued pursuant to this Section 5.3; (ii) the admission of additional Shareholders; and (iii) all additional issuances of securities by the Company. The Board of Directors shall determine the relative designations, preferences, rights, powers and duties of the holders of the Shares or other securities being so issued. The Board of Directors shall do all things necessary to comply with the Delaware LLC Act and is authorized and directed to do all things that it determines to be necessary or appropriate in connection with any future issuance of securities pursuant to the terms of this Agreement, including compliance with any statute, rule, regulation or guideline of any federal, state or other governmental agency or any National Securities Exchange on which the Common Shares or other securities of the Company are listed for trading.

Issuances of Additional Company Securities. (a) The Company may issue additional Shares and other securities of the Company, and unsecured and secured debt obligations, debt obligations convertible into any class or series of Shares, or any combination of the foregoing, Company Securities and options, rights, warrants, warrants and appreciation rights and other derivative rights relating to the securities of the Company, Company Securities for any Company purpose at any time and from time to time to such Persons for such consideration and on such terms and conditions as shall be established by the Board Managing Member and approved by the Members. The issuance by the Company of Directors Company Securities or rights, warrants or appreciation rights in respect thereof shall determine, all without the approval of any Shareholderbe deemed an amendment to this Agreement. (b) Additional Shares Each additional Company Security authorized to be issued by the Company pursuant to Section 5.3(a5.6(a) may be authorized and/or issued in one or more classes classes, or seriesone or more series of any such classes, with such designations, preferences, rights, powers and duties (which may be senior to existing classes and series of Shares or other securities of the CompanyCompany Securities), as shall be fixed by the Board of Directors Managing Member and reflected in a written action or actions approved by the Board of Directors in compliance with Section 7.1(i) (each, a “Share Designation”)Members, including (i) the right to share Company profits and losses or items thereof; (ii) the right to share in Company distributions; (iiiii) the rights upon dissolution and liquidation of the Company; (iiiiv) whether, and the terms and conditions upon which, the Company may redeem such class or series of SharesCompany Security; (ivv) whether such class or series of Shares Company Security is issued with the privilege of conversion or exchange and, if so, the terms and conditions of such conversion or exchange; (vvi) the terms and conditions upon which each class or series of Shares Company Security will be issued, evidenced (or not evidenced) by certificates and assigned or transferred; and (vii) the right, if any, of the holder of each such class or series of Shares Company Security to vote on Company matters, including matters relating to the relative designations, preferences, rights, preferences powers and privileges duties of such class or series of Shares. A Share Designation (or any resolution of the Board of Directors amending any Share Designation) shall be effective when a duly executed (executed in accordance with Section 7.1(i)) original of the same is delivered to the Secretary of the Company for inclusion among the permanent records of the Company. For the avoidance of doubt, any securities of the Company, in addition to additional classes or series of Shares, may be issued on such terms and conditions as the Board of Directors may determineSecurity. (c) The Board of Directors shall Managing Member is hereby authorized and directed to take all actions that it determines to be deems necessary or appropriate in connection with (i) each issuance of Shares and other securities of the Company, unsecured and secured debt obligations, debt obligations convertible into any class or series of Shares, or any combination of the foregoing, Company Securities and options, rights, warrants, warrants and appreciation rights and other derivative rights relating to securities, issued Company Securities pursuant to this Section 5.3; 5.6, (ii) the admission of additional Shareholders; Additional Members and (iii) all additional issuances of securities by the CompanyCompany Securities. The Board of Directors shall determine Managing Member is further authorized and directed to specify the relative designations, preferences, rights, powers and duties of the holders of the Shares Membership Interests or other securities Company Securities being so issued. The Board of Directors Managing Member shall do all things necessary to comply with the Delaware LLC Act and is authorized and directed to do all things that it determines to be deems necessary or appropriate advisable in connection with any future issuance of securities pursuant to the terms of this AgreementCompany Securities, including compliance with any statute, rule, regulation or guideline of any federal, state or other governmental agency or any National Securities Exchange on which the Common Shares or other securities of the Company are listed for tradingagency.

Issuances of Additional Company Securities. (a) The Subject to Section 5.2 and Section 5.4, the Company may create, authorize or issue an unlimited number of additional (i) Company Securities other than Voting Shares and other securities of the Company, and unsecured and secured debt obligations, debt obligations convertible into or any class or series of Shares, or any combination of the foregoing, thereof and options, rights, warrants, appreciation rights and other derivative rights relating to the securities of the Company, (ii) Derivative Shares under Employee Benefit Plans for any Company purpose at any time and from time to time to such Persons for such consideration and on such terms and conditions as the Board of Directors shall determine, all without the approval of any ShareholderMembers; provided that, notwithstanding anything in this Agreement to the contrary, no additional Voting Shares may be issued and the issuance of (x) Company Securities of any class or series other than Common Shares or (y) Derivative Shares issued under Employee Benefit Plans must be approved by the affirmative vote of the holders of a majority of the Outstanding Common Shares. (b) Additional Shares Subject to the approval of the Members pursuant to Section 5.1(a), each additional Company Security authorized to be issued by the Company pursuant to Section 5.3(a5.1(a) may be authorized and/or issued in one or more classes classes, or seriesone or more series of any such classes, with such designations, preferences, rights, powers and duties (which may be senior to existing classes and series of Shares or other securities of the CompanyCompany Securities), as shall be fixed by the Board of Directors and reflected in a written action or actions approved by the Board of Directors in compliance with Section 7.1(i) (each, a “Share Designation”)Directors, including (i) the right to share in Company distributionsdividends; (ii) the rights upon dissolution and liquidation of the Company; (iii) whether, and the terms and conditions upon which, the Company may redeem such class or series of Sharesthe Company Security; (iv) whether such class or series of Shares Company Security is issued with the privilege of conversion or exchange and, if so, the terms and conditions of such conversion or exchange; (v) the terms and conditions upon which each class or series of Shares Company Security will be issued, evidenced (by Certificates, or not evidenced) by certificates other evidence of the issuance of uncertificated Company Securities, and assigned or transferred; (vi) the method for determining the Percentage Interest as to such Company Security; and (vii) the right, if any, of each such class or series of Shares Company Security to vote on Company matters, including matters relating to the relative rights, preferences and privileges of such class or series of Shares. A Share Designation (or any resolution of the Board of Directors amending any Share Designation) shall be effective when a duly executed (executed in accordance with Section 7.1(i)) original of the same is delivered to the Secretary of the Company for inclusion among the permanent records of the Company. For the avoidance of doubt, any securities of the Company, in addition to additional classes or series of Shares, may be issued on such terms and conditions as the Board of Directors may determineSecurity. (c) The Board of Directors shall take all actions that it determines to be necessary or appropriate in connection with (i) each issuance of Shares and other securities of the Company, unsecured and secured debt obligations, debt obligations convertible into any class or series of Shares, or any combination of the foregoing, and options, rights, warrants, appreciation rights and other derivative rights relating to securities, issued Company Securities pursuant to this Section 5.3; 5.1, (ii) the admission of additional Shareholders; Additional Members and (iii) all additional issuances of securities by Company Securities. Subject to any applicable approval of the Company. The Members pursuant to Section 5.1(a), the Board of Directors shall determine the relative designations, preferences, rights, powers and duties of the holders of the Shares or other securities Company Securities being so issued. The Board of Directors shall do all things necessary to comply with the Delaware LLC Act and is authorized and directed to do all things that it determines to be necessary or appropriate in connection with any future issuance of securities Company Securities pursuant to the terms of this Agreement, including compliance with any statute, rule, regulation or guideline of any federal, state or other governmental agency or any National Securities Exchange on which the Common Shares or other securities of the Company Securities are listed for trading.

Issuances of Additional Company Securities. (a) The Subject to Section 5.6, the Company may issue additional Shares and other securities of the Company, and unsecured and secured debt obligations, debt obligations convertible into any class or series of Shares, or any combination of the foregoingCompany Securities, and options, rights, warrants, warrants and appreciation rights and other derivative rights relating to the securities of the Company, Company Securities for any Company purpose at any time and from time to time to such Persons for such consideration and on such terms and conditions as the Board of Directors shall determine, all without the approval of any ShareholderMembers. (b) Additional Shares Each additional Company Security authorized to be issued by the Company pursuant to Section 5.3(a5.5(a) may be authorized and/or issued in one or more classes classes, or seriesone or more series of any such classes, with such designations, preferences, rights, powers and duties (which may be senior to existing classes and series of Shares or other securities of the CompanyCompany Securities), as shall be fixed by the Board of Directors and reflected in a written action or actions approved by the Board of Directors in compliance with Section 7.1(i) (each, a “Share Designation”)Directors, including (i) the right to share Company profits and losses or items thereof; (ii) the right to share in Company distributions; (iiiii) the rights upon dissolution and liquidation of the Company; (iiiiv) whether, and the terms and conditions upon which, the Company may redeem such class or series of Sharesthe Company Security; (ivv) whether such class or series of Shares Company Security is issued with the privilege of conversion or exchange and, if so, the terms and conditions of such conversion or exchange; (vvi) the terms and conditions upon which each class or series of Shares Company Security will be issued, evidenced (or not evidenced) by certificates and assigned or transferred; (vii) the method for determining the Percentage Interest as to such Company Security; and (viiviii) the right, if any, of each such class or series of Shares Company Security to vote on Company matters, including matters relating to the relative rights, preferences and privileges of such class or series of Shares. A Share Designation (or any resolution of the Board of Directors amending any Share Designation) shall be effective when a duly executed (executed in accordance with Section 7.1(i)) original of the same is delivered to the Secretary of the Company for inclusion among the permanent records of the Company. For the avoidance of doubt, any securities of the Company, in addition to additional classes or series of Shares, may be issued on such terms and conditions as the Board of Directors may determineSecurity. (c) The Board of Directors shall take all actions that it determines to be necessary or appropriate in connection with (i) each issuance of Shares and other securities of the Company, unsecured and secured debt obligations, debt obligations convertible into any class or series of Shares, or any combination of the foregoing, Company Securities and options, rights, warrants, warrants and appreciation rights and other derivative rights relating to securities, issued Company Securities pursuant to this Section 5.3; 5.5, (ii) the admission of additional Shareholders; Additional Members and (iii) all additional issuances of securities by the CompanyCompany Securities. The Board of Directors shall determine the relative designations, preferences, rights, powers and duties of the holders of the Shares Units or other securities Company Securities being so issued. The Board of Directors shall do all things necessary to comply with the Delaware LLC Act and is authorized and directed to do all things that it determines to be necessary or appropriate in connection with any future issuance of securities Company Securities pursuant to the terms of this Agreement, including compliance with any statute, rule, regulation or guideline of any federal, state or other governmental agency or any National Securities Exchange on which the Common Shares Units or other securities of the Company Securities are listed for trading.

Issuances of Additional Company Securities. (a) The Subject to Section 5.6, at any time or from time to time after the closing of the Initial Offering the Company may issue additional Shares and other securities of the Company, and unsecured and secured debt obligations, debt obligations convertible into any class or series of Shares, or any combination of the foregoingCompany Securities, and options, rights, warrants, warrants and appreciation rights and other derivative rights relating to the securities Company Securities for any Company purpose to such Persons, and admit such Persons as members of the Company, for any Company purpose at any time and from time to time to such Persons for such consideration and on such terms and conditions as the Board of Directors Managers shall determinedetermine in its sole discretion, all without the approval of the Members of any Shareholderclass of Company Securities then Outstanding. (b) Additional Shares Each additional Company Security authorized to be issued by the Company pursuant to Section 5.3(a5.5(a) may be authorized and/or issued in one or more classes classes, or seriesone or more series of any such classes, with such relative designations, preferences, rights, powers and duties (which may be senior or prior, pari passu or junior to existing classes the preferences, rights, powers and duties of any then Outstanding class and series of Shares or other securities of the CompanyCompany Securities), as shall be fixed by the Board of Directors and reflected in a written action or actions approved by the Board of Directors in compliance with Section 7.1(i) (each, a “Share Designation”)Managers, including (i) the right to share Company profits and losses or items thereof; (ii) the right to share in Company distributions; (iiiii) the rights upon dissolution and liquidation of the Company; (iiiiv) whether, and the terms and conditions upon which, the Company may redeem such class or series of Sharesthe Company Security, including sinking fund provisions, if any; (ivv) whether such class or series of Shares Company Security is issued with the privilege of conversion or exchange and, if so, the terms and conditions of such conversion or exchange; (vvi) the terms and conditions upon which each class or series of Shares Company Security will be issued, evidenced (or not evidenced) by certificates and assigned or transferred; (vii) the method for determining the Percentage Interest as to such Company Security; and (viiviii) the right, if any, of the holders of each such class or series of Shares Company Security to vote on Company matters, including matters relating to the relative rights, preferences and privileges of such class or series of Shares. A Share Designation (or any resolution of the Board of Directors amending any Share Designation) shall be effective when a duly executed (executed in accordance with Section 7.1(i)) original of the same is delivered to the Secretary of the Company for inclusion among the permanent records of the Company. For the avoidance of doubt, any securities of the Company, in addition to additional classes or series of Shares, may be issued on such terms and conditions as the Board of Directors may determineSecurity. (c) The Board of Directors Managers shall take all actions that it determines to be necessary or appropriate in connection with (i) each issuance of Shares and other securities of the Company, unsecured and secured debt obligations, debt obligations convertible into any class or series of Shares, or any combination of the foregoing, Company Securities and options, rights, warrants, warrants and appreciation rights and other derivative rights relating to securities, issued Company Securities pursuant to this Section 5.3; 5.5, (ii) the conversion of Class A Units and Management Incentive Interests into Common Units pursuant to the terms of this Agreement, (iii) the admission of additional Shareholders; any Person(s) as an Additional Member(s) and (iiiiv) all additional issuances of securities by the CompanyCompany Securities. The Board of Directors Managers shall determine the relative designations, preferences, rights, powers and duties of the holders of the Shares Units or other securities Company Securities being so issued. The Board of Directors Managers shall do all things necessary to comply with the Delaware LLC Act and is authorized and directed to do all things that it determines to be necessary or appropriate in connection with any future issuance of securities Company Securities pursuant to the terms of this Agreement, including compliance with any statute, rule, regulation or guideline of any federal, state or other governmental agency or any National Securities Exchange on which the Common Shares Units or other securities of the Company Securities are listed for trading.

Issuances of Additional Company Securities. (a) The Company may issue additional Shares and other securities of the Company, and unsecured and secured debt obligations, debt obligations convertible into any class or series of Shares, or any combination of the foregoing, and options, rights, warrants, appreciation rights and other derivative rights relating to the securities of the Company, for any Company purpose at any time and from time to time to such Persons for such consideration and on such terms and conditions as the Board of Directors shall determine, all without the approval of any Shareholder. (b) Additional Shares authorized to be issued by the Company pursuant to Section 5.3(a) may be authorized and/or issued in one or more classes or series, with such designations, preferences, rights, powers and duties (which may be senior to existing classes and series of Shares or other securities of the Company), as shall be fixed by the Board of Directors and reflected in a written action or actions approved by the Board of Directors in compliance with Section 7.1(i) (each, a “Share Designation”"SHARE DESIGNATION"), including (i) the right to share in Company distributions; (ii) the rights upon dissolution and liquidation of the Company; (iii) whether, and the terms and conditions upon which, the Company may redeem such class or series of Shares; (iv) whether such class or series of Shares is issued with the privilege of conversion or exchange and, if so, the terms and conditions of such conversion or exchange; (v) the terms and conditions upon which each class or series of Shares will be issued, evidenced (or not evidenced) by certificates and assigned or transferred; and (vii) the right, if any, of each such class or series of Shares to vote on Company matters, including matters relating to the relative rights, preferences and privileges of such class or series of Shares. A Share Designation (or any resolution of the Board of Directors amending any Share Designation) shall be effective when a duly executed (executed in accordance with Section 7.1(i)) original of the same is delivered to the Secretary of the Company for inclusion among the permanent records of the Company. For the avoidance of doubt, any securities of the Company, in addition to additional classes or series of Shares, may be issued on such terms and conditions as the Board of Directors may determine. (c) The Board of Directors shall take all actions that it determines to be necessary or appropriate in connection with (i) each issuance of Shares and other securities of the Company, unsecured and secured debt obligations, debt obligations convertible into any class or series of Shares, or any combination of the foregoing, and options, rights, warrants, appreciation rights and other derivative rights relating to securities, issued pursuant to this Section 5.3; (ii) the admission of additional Shareholders; and (iii) all additional issuances of securities by the Company. The Board of Directors shall determine the relative designations, preferences, rights, powers and duties of the holders of the Shares or other securities being so issued. The Board of Directors shall do all things necessary to comply with the Delaware LLC Act and is authorized and directed to do all things that it determines to be necessary or appropriate in connection with any future issuance of securities pursuant to the terms of this Agreement, including compliance with any statute, rule, regulation or guideline of any federal, state or other governmental agency or any National Securities Exchange on which the Common Shares or other securities of the Company are listed for trading.

Issuances of Additional Company Securities. (a) The Subject to Section 5.7, the Company may issue additional Shares and other securities of the Company, and unsecured and secured debt obligations, debt obligations convertible into any class or series of Shares, or any combination of the foregoing, Company Securities and options, rights, warrants, warrants and appreciation rights and other derivative rights relating to the securities of the Company, Company Securities for any Company purpose at any time and from time to time to such Persons for such consideration and on such terms and conditions as the Board of Directors shall determine, all without the approval of any ShareholderMembers. (b) Additional Shares Each additional Company Security authorized to be issued by the Company pursuant to Section 5.3(a5.6(a) may be authorized and/or issued in one or more classes classes, or seriesone or more series of any such classes, with such designations, preferences, rights, powers and duties (which may be senior to existing classes and series of Shares or other securities of the CompanyCompany Securities), as shall be fixed by the Board of Directors and reflected in a written action or actions approved by the Board of Directors in compliance with Section 7.1(i) (each, a “Share Designation”)Directors, including (i) the right to share Company profits and losses or items thereof; (ii) the right to share in Company distributions; (iiiii) the rights upon dissolution and liquidation of the Company; (iiiiv) whether, and the terms and conditions upon which, the Company may redeem such class or series of Sharesthe Company Security; (ivv) whether such class or series of Shares Company Security is issued with the privilege of conversion or exchange and, if so, the terms and conditions of such conversion or exchange; (vvi) the terms and conditions upon which each class or series of Shares Company Security will be issued, evidenced (or not evidenced) by certificates and assigned or transferred; (vii) the method for determining the Percentage Interest as to such Company Security; and (viiviii) the right, if any, of each such class or series of Shares Company Security to vote on Company matters, including matters relating to the relative rights, preferences and privileges of such class or series of Shares. A Share Designation (or any resolution of the Board of Directors amending any Share Designation) shall be effective when a duly executed (executed in accordance with Section 7.1(i)) original of the same is delivered to the Secretary of the Company for inclusion among the permanent records of the Company. For the avoidance of doubt, any securities of the Company, in addition to additional classes or series of Shares, may be issued on such terms and conditions as the Board of Directors may determineSecurity. (c) The Board of Directors shall take all actions that it determines to be necessary or appropriate in connection with (i) each issuance of Shares and other securities of the Company, unsecured and secured debt obligations, debt obligations convertible into any class or series of Shares, or any combination of the foregoing, Company Securities and options, rights, warrants, warrants and appreciation rights and other derivative rights relating to securities, issued Company Securities pursuant to this Section 5.3; 5.6, (ii) the admission of additional Shareholders; Additional Members and (iii) all additional issuances of securities by the CompanyCompany Securities. The Board of Directors shall determine the relative designations, preferences, rights, powers and duties of the holders of the Shares Units or other securities Company Securities being so issued. The Board of Directors shall do all things necessary to comply with the Delaware LLC Act and is authorized and directed to do all things that it determines to be necessary or appropriate in connection with any future issuance of securities Company Securities pursuant to the terms of this Agreement, including compliance with any statute, rule, regulation or guideline of any federal, state or other governmental agency or any National Securities Exchange on which the Common Shares Units or other securities of the Company Securities are listed for trading.

Issuances of Additional Company Securities. (a) The Company may issue additional Shares and other securities of the Company, and unsecured and secured debt obligations, debt obligations convertible into any class or series of Shares, or any combination of the foregoing, and options, rights, warrants, appreciation rights and other derivative rights relating to the securities of the Company, for any Company purpose at any time and from time to time to such Persons for such consideration and on such terms and conditions as the Board of Directors shall determine, all without the approval of any Shareholder. (b) Additional Shares authorized to be issued by the Company pursuant to Section 5.3(a) may be authorized and/or issued in one or more classes or series, with such designations, preferences, rights, powers and duties (which may be senior to existing classes and series of Shares or other securities of the Company), as shall be fixed by the Board of Directors and reflected in a written action or actions approved by the Board of Directors in compliance with Section 7.1(i) (each, a “"Share Designation”"), including (i) the right to share in Company distributions; (ii) the rights upon dissolution and liquidation of the Company; (iii) whether, and the terms and conditions upon which, the Company may redeem such class or series of Shares; (iv) whether such class or series of Shares is issued with the privilege of conversion or exchange and, if so, the terms and conditions of such conversion or exchange; (v) the terms and conditions upon which each class or series of Shares will be issued, evidenced (or not evidenced) by certificates and assigned or transferred; and (vii) the right, if any, of each such class or series of Shares to vote on Company matters, including matters relating to the relative rights, preferences and privileges of such class or series of Shares. A Share Designation (or any resolution of the Board of Directors amending any Share Designation) shall be effective when a duly executed (executed in accordance with Section 7.1(i)) original of the same is delivered to the Secretary of the Company for inclusion among the permanent records of the Company. For the avoidance of doubt, any securities of the Company, in addition to additional classes or series of Shares, may be issued on such terms and conditions as the Board of Directors may determine. (c) The Board of Directors shall take all actions that it determines to be necessary or appropriate in connection with (i) each issuance of Shares and other securities of the Company, unsecured and secured debt obligations, debt obligations convertible into any class or series of Shares, or any combination of the foregoing, and options, rights, warrants, appreciation rights and other derivative rights relating to securities, issued pursuant to this Section 5.3; (ii) the admission of additional Shareholders; and (iii) all additional issuances of securities by the Company. The Board of Directors shall determine the relative designations, preferences, rights, powers and duties of the holders of the Shares or other securities being so issued. The Board of Directors shall do all things necessary to comply with the Delaware LLC Act and is authorized and directed to do all things that it determines to be necessary or appropriate in connection with any future issuance of securities pursuant to the terms of this Agreement, including compliance with any statute, rule, regulation or guideline of any federal, state or other governmental agency or any National Securities Exchange on which the Common Shares or other securities of the Company are listed for trading.

Issuances of Additional Company Securities. (a) The Subject to Section 5.6, the Company may issue additional Shares and other securities of the Company, and unsecured and secured debt obligations, debt obligations convertible into any class or series of Shares, or any combination of the foregoingCompany Securities, and options, rights, warrants, warrants and appreciation rights and other derivative rights relating to the securities of the Company, Company Securities for any Company purpose at any time and from time to time to such Persons, and admit such Persons as members of the Company, for such consideration and on such terms and conditions as the Board of Directors shall determine, all without the approval of any ShareholderMembers notwithstanding any provision of Section 11.1 or 11.2. (b) Additional Shares Each additional Company Security authorized to be issued by the Company pursuant to Section 5.3(a5.5(a) may be authorized and/or issued in one or more classes classes, or seriesone or more series of any such classes, with such designations, preferences, rights, powers and duties (which may be senior to existing classes and series of Shares or other securities of the CompanyCompany Securities), as shall be fixed by the Board of Directors and reflected in a written action or actions approved by the Board of Directors in compliance with Section 7.1(i7.1(g) (each, a an “Share Interest Designation”), including including, without limitation (i) the right to share Company profits and losses or items thereof; (ii) the right to share in Company distributions; (iiiii) the rights upon dissolution and liquidation of the Company; (iiiiv) whether, and the terms and conditions upon which, the Company may redeem such class or series of Sharesthe Company Security; (ivv) whether such class or series of Shares Company Security is issued with the privilege of conversion or exchange and, if so, the terms and conditions of such conversion or exchange; (vvi) the terms and conditions upon which each class or series of Shares Company Security will be issued, evidenced (or not evidenced) by certificates and assigned or transferred; (vii) the method for determining the Percentage Interest as to such Company Security; and (viiviii) the right, if any, of the holder of each such class or series of Shares Company Security to vote on Company matters, including matters relating to the relative rights, preferences and privileges of such class or series of SharesCompany Security. A Share An Interest Designation (or any resolution of the Board of Directors amending any Share Interest Designation) shall be effective when a duly executed (executed in accordance with Section 7.1(i)) and attested original of the same is delivered to the Secretary of the Company for inclusion among the permanent records of the Company. For the avoidance of doubt, any securities of the Companyand shall be annexed to, in addition to additional classes or series of Sharesand constitute part of, may be issued on such terms and conditions as the Board of Directors may determinethis Agreement. (c) The Board of Directors shall take all actions that it determines to be necessary or appropriate in connection with (i) each issuance of Shares and other securities of the Company, unsecured and secured debt obligations, debt obligations convertible into any class or series of Shares, or any combination of the foregoing, Company Securities and options, rights, warrants, warrants and appreciation rights and other derivative rights relating to securities, issued Company Securities pursuant to this Section 5.3; 5.5, (ii) the admission of additional Shareholders; Additional Members and (iii) all additional issuances of securities by the CompanyCompany Securities. The Board of Directors shall determine the relative designations, preferences, rights, powers and duties of the holders of the Shares Units or other securities Company Securities being so issued. The Board of Directors shall do all things necessary to comply with the Delaware LLC Act and is authorized and directed to do all things that it determines to be necessary or appropriate in connection with any future issuance of securities Company Securities pursuant to the terms of this Agreement, including compliance with any statute, rule, regulation or guideline of any federal, state or other governmental agency or any National Securities Exchange on which the Common Shares Units or other securities of the Company Securities are listed for trading.