Limited Liability Company Agreements. Crestwood shall have delivered to CEGPS (i) an executed counterpart of the Newco LLC Agreement, signed by Crestwood, and (ii) an executed counterpart of the Amended and Restated LLC Agreement of Newco Service Company in the form to be attached to the Newco LLC Agreement, signed by Crestwood.
Limited Liability Company Agreements. The limited liability company agreement of Terminal Merger Sub as in effect immediately prior to the Effective Time shall be the limited liability company agreement of Terminal Surviving LLC until amended in accordance with applicable Law. The limited liability company agreement of Feed Merger Sub as in effect immediately prior to the Effective Time shall be the limited liability company agreement of Feed Surviving LLC until amended in accordance with applicable Law.
Limited Liability Company Agreements. Each limited liability company agreement relating to an LLC Subsidiary (i) has been duly authorized, executed and delivered by each member party thereto and (ii) constitutes a valid and legal binding obligation of each member named therein, enforceable in accordance with its terms, except as such enforcement may be limited by Bankruptcy Exceptions.
Limited Liability Company Agreements. The Limited Liability Company Agreements of, and all resolutions passed by, each of the Companies and all other legal requirements concerning each of the Companies have been complied with. A copy of each of the Companies’ Limited Liability Company Agreements has been provided to the Purchaser, which are complete and accurate in all material respects, have attached thereto or incorporated therein copies of all resolutions and other documents required by law to be so attached or incorporated, and fully sets out the rights and restrictions attaching to the Interests.
Limited Liability Company Agreements. Amend or otherwise modify any provision of the Company’s certificate of formation or limited liability company operating agreement.
Limited Liability Company Agreements. The limited liability company agreements of each of the Initial Borrower, KREF Mezz and any other Loan Party which is a limited liability company shall comply with the definition of “Special Purpose Entity” in Section 1.1 and otherwise be in form and substance reasonably acceptable to the Administrative Agent. Each borrowing by the Borrowers hereunder shall constitute a representation and warranty by the Borrowers as of the date of such extension of credit that the conditions contained in this Section 4.2 have been satisfied.
Limited Liability Company Agreements. Amended and Restated Limited Liability Company Agreement of XXXX, dated January 9, 2009, by FPL Group Capital, Inc., a Florida corporation, as the member thereof
Limited Liability Company Agreements. (a) Each Party or its applicable Affiliate shall become a member of a Delaware limited liability company that will own and operate the Initial Data Center in accordance with the terms of this Agreement (each, an “Initial Data Center LLC”). In furtherance of the foregoing, each Party shall or shall cause its applicable Affiliate to execute and deliver an amended and restated limited liability company agreement for each Initial Data Center LLC substantially in the form of Annex I hereto (each such agreement, an “LLC Agreement”). In the event of a conflict between an LLC Agreement and this Agreement, such LLC Agreement shall govern. WindHQ or its applicable Affiliates executing each LLC Agreement shall be the “WindHQ Members” thereunder, and Cipher or its applicable Affiliates executing each LLC Agreement shall be the “Cipher Members” thereunder.
(b) With respect to each Initial Data Center LLC, (i) the WindHQ Members shall be issued a number of Common Units such that the WindHQ Member will initially own a percentage of the total Common Units of such Initial Data Center LLC equal to the percentage set forth opposite the name of the applicable Initial Data Center under the column heading “WindHQ %” on Exhibit B hereto and (ii) the Cipher Members shall be issued a number of Common Units such that the Cipher Member will initially own a percentage of the total Common Units of such Initial Data Center LLC equal to the percentage set forth opposite the name of the applicable Initial Data Center under the column heading “Cipher %” on Exhibit B hereto.
Limited Liability Company Agreements i. Each Party or its applicable Affiliate shall become a member of a Delaware limited liability company that will own and operate the Future Data Center in accordance with the terms of this Agreement (each, a “Future Data Center LLC”). In furtherance of the foregoing, each Party shall or shall cause its applicable Affiliate to execute and deliver an LLC Agreement for each Future Data Center LLC. WindHQ or its applicable Affiliates executing each LLC Agreement shall be the “WindHQ Members” thereunder, and Cipher or its applicable Affiliates executing each LLC Agreement shall be the “Cipher Members” thereunder.
ii. With respect to each Future Data Center LLC, the Parties shall negotiate in good faith to determine the number of Common Units to be issued to the WindHQ Members and the Cipher Members, respectively, provided that in no event shall the WindHQ Members receive less than 51% of the aggregate initial Common Units specified in the applicable LLC Agreement for each Future Data Center LLC.
Limited Liability Company Agreements. Amend Section 14 of either ------------------------------------ Structured Company's respective limited liability company agreement.
