Permitted Transfer, Certain Other Transfer. Anything to the contrary in this Section 9.1 notwithstanding, (1) the provisions of Sections 9.1(b)(iii)(C)(1), 9.1(b)(iii)(F) or 9.1(b)(iv) shall not apply in connection with Transfer by Members holding Class A Interests at any time following December 31, 2018 where the sum of all distributions under Section 5.1 to all Class A Members is less than the sum of all Capital Contributions made to the Company by the Class B Member, and (2) the provisions of Section 9.1(d) shall apply with respect to any transfer after the Class A Flip Point if (y) the Class B Members have not exercised the Purchase Option pursuant to Section 9.3 or (z) the Class A Member has not exercised its voluntary withdrawal right pursuant to Section 7.4.
Appears in 4 contracts
Samples: Operating Agreement (Bloom Energy Corp), Operating Agreement (Bloom Energy Corp), Operating Agreement (Bloom Energy Corp)
