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. (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 *** Certain confidential portions (indicated by brackets and asterisks) have been omitted from this exhibit because such information is both (i) non-material and (ii) would be competitively harmful if publicly disclosed. 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.
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.
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. Schedule 3 : Warranties and Representations
Limited Liability Company Agreements. (i) At any time when the LLC Arrangement is in effect, amend the LLC Agreement to impair, reduce or otherwise modify the rights of the Funding Agent under the LLC Agreement or otherwise take any other actions that will have such effect, or (ii) amend or permit any Subsidiary of the Borrower to amend, its limited liability company agreement or operating agreement causing any Equity Interests in the Borrower or such Subsidiary to constitute a security under Section 8-103 of the Uniform Commercial Code in the State of New York or the corresponding code or statute of any other applicable jurisdiction.
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. 1. 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
