Mergers and Exchanges. The Company may be a party to (a) a merger, (b) a consolidation, or (c) an exchange or acquisition, subject to the requirements of this Operating Agreement. Consent to any such merger, consolidation, exchange or acquisition shall be by vote of the Members as set forth in Article 3.
Appears in 17 contracts
Samples: Operating Agreement (South Dakota Soybean Processors LLC), Operating Agreement, Operating Agreement (Lake Area Corn Processors LLC)
Mergers and Exchanges. The With the consent of the Member, the Company may be a party to (a) a merger, or (b) a consolidation, or (c) an exchange or acquisition, subject to the requirements of this Operating Agreement. Consent to any such merger, consolidation, exchange or acquisition shall be by vote of the Members as set forth type described in Article 3Section 18-209 of the Act.
Appears in 14 contracts
Samples: Limited Liability Company Agreement (2420 Lakemont Avenue MM, LLC), Limited Liability Company Agreement (Grant Prideco Inc), Limited Liability Company Agreement (Grant Prideco Inc)
Mergers and Exchanges. The With the consent of the Member, the Company may be a party to (a) a merger, or (b) a consolidation, or (c) an exchange or acquisition, subject to the requirements of this Operating Agreement. Consent to any such merger, consolidation, exchange or acquisition shall be by vote of the Members as set forth type described in Article 3section 18-209 of the Act.
Appears in 4 contracts
Samples: Limited Liability Company Agreement (Grant Prideco Inc), Limited Liability Company Agreement (Grant Prideco Inc), Limited Liability Company Agreement (Grant Prideco Inc)
Mergers and Exchanges. The Company may be a party to (a) a merger, (b) a consolidation, or (c) an exchange or acquisition, subject to the requirements of this Operating Agreement. Consent to any such merger, consolidation, exchange or acquisition shall be by vote of the Members as set forth out in Article 3.
Appears in 3 contracts
Samples: Operating Agreement (Great Plains Ethanol LLC), Operating Agreement (Great Plains Ethanol LLC), Operating Agreement (Great Plains Ethanol LLC)
Mergers and Exchanges. The Company may be a party to (ai) a merger, (b) a consolidation, consolidation or share exchange or (cii) an exchange or acquisition, subject to the requirements of this Operating Agreement. Consent to any such merger, consolidation, exchange or acquisition shall be by vote of the Members as set forth type described in Article 3the Act, in accordance with Section 6.9(a).
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Exco Resources Inc), Limited Liability Company Agreement (Venus Exploration Inc)
Mergers and Exchanges. The Company may be a party to (a) a merger, or (b) a consolidation, or (c) an exchange or acquisitionacquisition of the type described in Article 10.06 of the Act, subject to the requirements of this Operating Agreement. Consent to any such merger, consolidation, exchange or acquisition shall be by vote of the Members as set forth in Article 3.Section
Appears in 2 contracts
Samples: Operating Agreement, Operating Agreement
Mergers and Exchanges. The Company may be a party to (a) a merger, (b) a consolidation, or (c) an exchange or acquisition, subject to the requirements of the Act and this Operating Agreement. Consent to any such merger, consolidation, exchange or acquisition shall be by vote of the Members as set forth in Article 3.
Appears in 2 contracts
Samples: Operating Agreement (Summit Hotel OP, LP), Operating Agreement (Summit Hotel Properties LLC)
Mergers and Exchanges. The Company may be a party to (ai) a merger, (b) a consolidation, merger or (cii) an exchange or acquisitionacquisition of the type described in the Act, subject to obtaining the requirements of this Operating Agreement. Consent to any such merger, consolidation, exchange or acquisition shall be by required vote of the Members as set forth in Article 3compliance with the Act.
Appears in 2 contracts
Samples: Membership Interest Purchase Agreement, Membership Interest Purchase Agreement (Horizon Health Corp /De/)
Mergers and Exchanges. The Company may be a party to (a) a merger, (b) a consolidation, or (c) an exchange or acquisition, subject to the requirements of the Act and this Operating Agreement. Consent to Approval of any such merger, consolidation, exchange or acquisition shall be by vote of the Members as set forth in Article 3Member.
Appears in 2 contracts
Samples: Operating Agreement (US LEC of Georgia LLC), Operating Agreement (McLeodUSA Holdings Inc)
Mergers and Exchanges. The Company may be a party to (a) a merger, (b) a consolidation, or (c) an exchange or acquisition, subject to the requirements of this Operating Agreement. Consent to any such merger, consolidation, exchange or acquisition shall be by vote of the Class A Members, Class B Members and Class C Members as set forth out in Article 3.
Appears in 1 contract
Samples: Operating Agreement
Mergers and Exchanges. The Company may be a party to (a) a merger, (b) a consolidation, or (c) an exchange or acquisition, subject to the requirements of this Operating Agreement. Consent to any such merger, consolidation, exchange or acquisition shall be by vote of the Class A Members as set forth in Article 3.
Appears in 1 contract
Samples: Operating Agreement
Mergers and Exchanges. The Company may be a party to (a) a merger, (b) a consolidation, or (c) an merger and/or exchange or acquisition, acquisition subject to the requirements terms of this Operating Agreement. Consent to any such merger, consolidation, exchange or acquisition shall be by vote of the Members as set forth in Article 3.
Appears in 1 contract