Common use of Issuances of Additional Units Clause in Contracts

Issuances of Additional Units. (a) The Company may issue any number of Units, and options, rights, warrants and appreciation rights relating to Units, for any Company purpose at any time and from time to time to such Persons for such consideration (which may be cash, property, services or any other lawful consideration) or for no consideration and on such terms and conditions as the Board of Directors shall determine, all without the approval of any Member or any other Person. (b) Additional Units authorized to be issued by the Company pursuant to Section 4.6(a) may be issued in one or more classes, or one or more series of any such classes, with such designations, preferences, rights, powers and duties (which may be junior to, equivalent to or senior or superior to any existing classes or series of Units), 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 6.1 (each, a “Unit Designation”), including (i) the right to share in Company profits and losses or items thereof; (ii) the right to share in Company distributions, the dates distributions will be payable and whether distributions with respect to such class or series will be cumulative or non-cumulative; (iii) rights upon dissolution and liquidation of the Company (including any payments); (iv) whether, and the terms and conditions upon which, the Company may redeem such Units (including sinking fund provisions); (v) whether such Units are issued with the privilege of conversion or exchange into Units of any other class or series or any other security issued by the Company or another entity and, if so, the terms and conditions of such conversion or exchange; (vi) the terms and conditions upon which such Units will be issued, evidenced by certificates and assigned or transferred; (vii) the method for determining the Percentage Interest, if any, applicable to such Units; and (viii) the right, if any, of the Record Holder of any such Unit to vote on Company matters, including matters relating to the relative rights, preferences and privileges of such Units. A Unit Designation (or any action of the Board of Directors amending any Unit Designation) shall be effective when a duly executed original of the same is delivered to the Secretary for inclusion in the permanent records of the Company, and shall be annexed to, and constitute a part of, this Agreement. (c) The Board of Directors is hereby authorized to take all actions that it determines to be necessary or appropriate in connection with (i) each issuance of Units and options, rights, warrants and appreciation rights relating to Units pursuant to this Section 4.6, including the admission of Additional Members in connection therewith and any related amendment of this Agreement, and (ii) all additional issuances of Units and options, rights, warrants and appreciation rights relating to Units. The Board of Directors shall determine in its sole discretion the relative rights, powers and duties of the holders of Units or options, rights, warrants or appreciation rights relating to Units being so issued. The Board of Directors is authorized to do all things that it determines to be necessary or appropriate in connection with any future issuance of Units or options, rights, warrants or appreciation rights relating to Units, including compliance with any statute, rule, regulation or guideline of any Governmental Entity or any Securities Exchange on which Units or options, rights, warrants or appreciation rights relating to Units are listed for trading.

Issuances of Additional Units. (a) The Company may issue any number of Units, and options, rights, warrants and appreciation rights relating to Units, for any Company purpose at any time and from time to time to such Persons for such consideration (which may be cash, property, services or any other lawful consideration) or for no consideration and on such terms and conditions as the Board of Directors shall determine, all without the approval of any Member or any other Person. (b) Additional Units authorized to be issued by the Company pursuant to Section 4.6(a) may be issued in one or more classes, or one or more series of any such classes, with such designations, preferences, rights, powers and duties (which may be junior to, equivalent to or senior or superior to any existing classes or series of Units), 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 6.1 (each, a “Unit Designation”), including (i) the right to share in Company profits and losses or items thereof; (ii) the right to share in Company distributions, the dates distributions will be payable and whether distributions with respect to such class or series will be cumulative or non-cumulative; (iii) rights upon dissolution and liquidation of the Company (including any payments); (iv) whether, and the terms and conditions upon which, the Company may redeem such Units (including sinking fund provisions); (v) whether such Units are issued with the privilege of conversion or exchange into Units of any other class or series or any other security issued by the Company or another entity and, if so, the terms and conditions of such conversion or exchange; (vi) the terms and conditions upon which such Units will be issued, evidenced by certificates and assigned or transferred; (vii) the method for determining the Percentage Interest, if any, applicable to such Units; and (viii) the right, if any, of the Record Holder of any such Unit to vote on Company matters, including matters relating to the relative rights, preferences and privileges of such Units. A Unit Designation (or any action of the Board of Directors amending any Unit Designation) shall be effective when a duly executed original of the same is delivered to the Secretary for inclusion in the permanent records of the Company, and shall be annexed to, and constitute a part of, this Agreement. As of May 17, 2018, the 2015 Unit Designation and the Series A Preferred Unit Designation have been made part of this Agreement. (c) The Board of Directors is hereby authorized to take all actions that it determines to be necessary or appropriate in connection with (i) each issuance of Units and options, rights, warrants and appreciation rights relating to Units pursuant to this Section 4.6, including the admission of Additional Members in connection therewith and any related amendment of this Agreement, and (ii) all additional issuances of Units and options, rights, warrants and appreciation rights relating to Units. The Board of Directors shall determine in its sole discretion the relative rights, powers and duties of the holders of Units or options, rights, warrants or appreciation rights relating to Units being so issued. The Board of Directors is authorized to do all things that it determines to be necessary or appropriate in connection with any future issuance of Units or options, rights, warrants or appreciation rights relating to Units, including compliance with any statute, rule, regulation or guideline of any Governmental Entity or any Securities Exchange on which Units or options, rights, warrants or appreciation rights relating to Units are listed for trading.

Issuances of Additional Units. (a) The Company may issue any number of Units, additional Units and options, rights, warrants and appreciation rights relating to Units, such Units for any Company purpose at any time and from time to time to such Persons for such consideration (which may be cash, property, services or any other lawful consideration) or for no consideration and on such terms and conditions as the Board of Directors shall determine, all without the approval of any Member or any other PersonMembers. (b) Additional Units Each additional Unit authorized to be issued by the Company pursuant to Section 4.6(a2.9(a) may be issued in one or more classes, or one or more series of any such classes, with such designations, preferences, rights, powers and duties (which may be junior to, equivalent senior to or senior or superior to any existing classes or and series of Unitslimited liability company interests), 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 6.1 (each, a “Unit Designation”)Directors, including (i) the right to share in Company profits and losses or items thereofdistributions; (ii) the right to share in Company distributions, the dates distributions will be payable and whether distributions with respect to such class or series will be cumulative or non-cumulative; (iii) rights upon dissolution and liquidation of the Company (including any payments)Company; (iviii) whether, and the terms and conditions upon which, the Company may or shall be required to redeem such Units the Unit (including sinking fund provisions); (viv) whether such Units are Unit is issued with the privilege of conversion or exchange into Units of any other class or series or any other security issued by the Company or another entity and, if so, the terms and conditions of such conversion or exchange; (viv) the terms and conditions upon which such Units each Unit will be issued, evidenced by certificates and assigned or transferred; (viivi) the method for determining the Percentage Interest, if any, applicable to such percentage of the total limited liability company interests represented by the Units; and (viiivii) the right, if any, of the Record Holder of any each such Unit to vote on Company matters, including matters relating to the relative rights, preferences and privileges of such Units. A Unit Designation (or any action of the Board of Directors amending any Unit Designation) shall be effective when a duly executed original of the same is delivered to the Secretary for inclusion in the permanent records of the Company, and shall be annexed to, and constitute a part of, this Agreement. (c) The Board of Directors is hereby authorized to shall take all actions that it determines to be necessary or appropriate in connection with (i) each issuance of Units and options, rights, warrants and appreciation rights relating to such Units pursuant to this Section 4.62.9, including reflecting the admission of Additional such additional Members in connection therewith the books and any related amendment records of this Agreement, and (ii) all additional issuances the Company as the Record Holder of Units and options, rights, warrants and appreciation rights relating to such Units. The Board of Directors shall determine in its sole discretion the relative rights, powers and duties of the holders of the Units or options, rights, warrants or appreciation rights relating to Units other limited liability company interests being so issued. The Board of Directors shall do all things necessary to comply with the Xxxxxxxx Islands 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 Units or options, rights, warrants or appreciation rights relating to Unitslimited liability company interests, including compliance with any statute, rule, regulation or guideline of any Governmental Entity federal, state or any Securities Exchange on which Units or options, rights, warrants or appreciation rights relating to Units are listed for tradingother governmental agency.

Issuances of Additional Units. (a) The Company may issue any number of Units, additional Units and options, rights, warrants and appreciation rights relating to Units, such Units for any purpose of the Company purpose at any time and from time to time to such Persons for such consideration (which may be cash, property, services or any other lawful consideration) or for no consideration and on such terms and conditions as the Board of Directors shall determine, all without the approval of any Member or any other PersonMembers. (b) Additional Units Each additional Unit authorized to be issued by the Company pursuant to Section 4.6(a2.9(a) may be issued in one or more classes, or one or more series of any such classes, with such designations, preferences, rights, powers and duties (which may be junior to, equivalent senior to or senior or superior to any existing classes or and series of Unitslimited liability company interests), 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 6.1 (each, a “Unit Designation”)shall fix, including (i) the right to share in Company profits and losses or items thereofdistributions; (ii) the right to share in Company distributions, the dates distributions will be payable and whether distributions with respect to such class or series will be cumulative or non-cumulative; (iii) rights upon dissolution and liquidation of the Company (including any payments)Company; (iviii) whether, and the terms and conditions upon which, the Company may or shall be required to redeem such Units Unit (including sinking fund provisions); (viv) whether such Units are Unit is issued with the privilege of conversion or exchange into Units of any other class or series or any other security issued by the Company or another entity and, if so, the terms and conditions of such conversion or exchange; (viv) the terms and conditions upon which such Units Unit will be issued, evidenced by certificates and assigned or transferred; (viivi) the method for determining the Percentage Interest, if any, applicable to percentage of the total limited liability company interests represented by such UnitsUnit; and (viiivii) the right, if any, of the Record Holder of any such Unit to vote on Company matters, including matters relating to the relative rights, preferences and privileges of such Units. A Unit Designation (or any action of the Board of Directors amending any Unit Designation) shall be effective when a duly executed original of the same is delivered to the Secretary for inclusion in the permanent records of the Company, and shall be annexed to, and constitute a part of, this AgreementUnit. (c) The Board of Directors is hereby authorized to shall take all actions that it determines to be necessary or appropriate in connection with (i) each issuance of Units and options, rights, warrants and appreciation rights relating to such Units pursuant to this Section 4.62.9, including reflecting the admission of Additional such additional Members in connection therewith the books and any related amendment records of this Agreement, and (ii) all additional issuances the Company as the record holder of Units and options, rights, warrants and appreciation rights relating to such Units. The Board of Directors shall determine in its sole discretion the relative rights, powers and duties of the holders of the Units or options, rights, warrants or appreciation rights relating to Units other limited liability company interests being so issued. The Board of Directors shall do all things necessary to comply with the 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 Units or options, rights, warrants or appreciation rights relating to Unitslimited liability company interests, including compliance with any statute, rule, regulation or guideline of any Governmental Entity federal, state or any Securities Exchange on which Units or options, rights, warrants or appreciation rights relating to Units are listed for tradingother governmental agency.

Issuances of Additional Units. (a) The Company may issue any number of Units, and options, rights, warrants and appreciation rights relating to Units, for any Company purpose at any time and from time to time to such Persons for such consideration (which may be cash, property, services or any other lawful consideration) or for no consideration and on such terms and conditions as the Board of Directors shall determine; however, all without any additional issuances shall require the approval of any Member or any other Personthe holders of Units representing the voting power of all Outstanding Voting Units, voting as a single class. (b) Additional Units authorized to be issued by the Company pursuant to Section 4.6(a4.2(a) may be issued in one or more classes, or one or more series of any such classes, with such designations, preferences, rights, powers and duties (which may be junior to, equivalent to or senior or superior to any existing classes or series of Units), 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 6.1 (each, a “Unit Designation”), including (i) the right to share in Company profits and losses or items thereof; (ii) the right to share in Company distributions, the dates distributions will be payable and whether distributions with respect to such class or series will be cumulative or non-cumulative; (iii) rights upon dissolution and liquidation of the Company (including any payments); (iv) whether, and the terms and conditions upon which, the Company may redeem such Units (including sinking fund provisions); (v) whether such Units are issued with the privilege of conversion or exchange into Units of any other class or series or any other security issued by the Company or another entity and, if so, the terms and conditions of such conversion or exchange; (vi) the terms and conditions upon which such Units will be issued, evidenced by certificates and assigned or transferred; (vii) the method for determining the Percentage Interest, if any, applicable to such Units; and (viii) the right, if any, of the Record Holder of any such Unit to vote on Company matters, including matters relating to the relative rights, preferences and privileges of such Units. A Unit Designation (or any action of the Board of Directors amending any Unit Designation) shall be effective when a duly executed original of the same is delivered to the Secretary for inclusion in the permanent records of the Company, and shall be annexed to, and constitute a part of, this Agreement. (c) The Board of Directors is hereby authorized to take all actions that it determines to be necessary or appropriate in connection with (i) each issuance of Units and options, rights, warrants and appreciation rights relating to Units pursuant to this Section 4.64.2, including the admission of Additional Members in connection therewith and any related amendment of this Agreement, and (ii) all additional issuances of Units and options, rights, warrants and appreciation rights relating to Units. The Board of Directors shall determine in its sole discretion the relative rights, powers and duties of the holders of Units or options, rights, warrants or appreciation rights relating to Units being so issued. The Board of Directors is authorized to do all things that it determines to be necessary or appropriate in connection with any future issuance of Units or options, rights, warrants or appreciation rights relating to Units, including compliance with any statute, rule, regulation or guideline of any Governmental Entity or any Securities Exchange on which Units or options, rights, warrants or appreciation rights relating to Units are listed for trading.

Issuances of Additional Units. (a) The At any time and from time to time the Company may issue any number of additional Units, and options, rights, warrants and appreciation rights relating to Units, the Units 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 (which may be cash, property, services or any other lawful consideration) or for no consideration and on such terms and conditions as the Board of Directors shall determinedetermine in its sole discretion, all without the approval of any Member or any other Personthe Members. (b) Additional Units Each additional Unit authorized to be issued by the Company pursuant to Section 4.6(a5.2(a) may be issued in one or more classes, or one or more series of any such classes, with such relative designations, preferences, rights, powers and duties (which may be junior to, equivalent to or senior or superior prior, pari passu or junior to the preferences, rights, powers and duties of any existing classes or then outstanding class and series of Units), 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 6.1 (each, a “Unit Designation”)Directors, including (i) the right to share in Company profits and losses or items thereof; (ii) the right to share in Company distributions, the dates distributions will be payable and whether distributions with respect to such class or series will be cumulative or non-cumulative; (iii) the rights upon dissolution and liquidation of the Company (including any payments)Company; (iv) whether, and the terms and conditions upon which, the Company may redeem such Units (the Unit, including sinking fund provisions), if any; (v) whether such Units are Unit is issued with the privilege of conversion or exchange into Units of any other class or series or any other security issued by the Company or another entity and, if so, the terms and conditions of such conversion or exchange; (vi) the terms and conditions upon which such Units each Unit will be issued, evidenced by certificates and assigned or transferred; (vii) the method for determining the Percentage Interest, if any, applicable Interest as to such UnitsUnit; and (viii) the right, if any, of the Record Holder holders of any each such Unit to vote on Company matters, including matters relating to the relative rights, preferences and privileges of such Unit. Notwithstanding anything in this Agreement to the contrary, additional Units. A Unit Designation (or any action , issuable without the approval of the Board Members of Directors amending any Unit Designationclass of Units then outstanding, may include (i) shall be effective when a duly executed original Units with preferences, rights, powers and duties (including rights to distributions, allocation, voting or in liquidation) that are senior or prior, pari passu or junior to any other class or series of the same is delivered to the Secretary for inclusion in the permanent records Units then outstanding, or (ii) additional Units of the Company, and shall be annexed to, and constitute a part of, this Agreementany class or series then outstanding. (c) The Board of Directors is hereby authorized to shall take all actions that it determines to be necessary or appropriate in connection with (i) each issuance of Units and options, rights, warrants and appreciation rights relating to Units pursuant to this Section 4.65.2, including (ii) the admission of Additional Members in connection therewith and any related amendment of this Agreement, Person(s) as an additional Member(s) and (iiiii) all additional issuances of Units and options, rights, warrants and appreciation rights relating to Units. The Board of Directors shall determine in its sole discretion the relative designations, preferences, rights, powers and duties of the holders of the Units or options, rights, warrants or appreciation rights relating to other Units being so issued. The Board of Directors shall do all things necessary to comply with the 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 Units or options, rights, warrants or appreciation rights relating pursuant to Unitsthe terms of this Agreement, including compliance with any statute, rule, regulation or guideline of any Governmental Entity federal, state or other governmental agency or any National Securities Exchange on which the Common Units or options, rights, warrants or appreciation rights relating to other Units are listed for trading. (d) The issuance of Units pursuant to Section 5.2 shall be subject to the limitation that no fractional Units shall be issued by the Company.