Purchase Terms Varied by Agreement. Nothing contained herein is intended to prohibit Members from agreeing upon other terms and conditions for the purchase by the Company or any Member of the Membership Interest of any Member in the Company desiring to retire, withdraw or resign, in whole or in part, as a Member.
Purchase Terms Varied by Agreement. Provided that the restrictions set forth in this Agreement have been satisfied, nothing contained herein is intended to prohibit the Members from agreeing upon other terms and conditions for the purchase by the Company or any other Member of the Interest (or any portion thereof) of any Member desiring to retire, withdraw or resign.
Purchase Terms Varied by Agreement. Nothing contained herein is intended to prohibit Members from agreeing upon other terms and conditions for the purchase by the Company or any Member of the Membership Interest of any Member in the Company. Each Member acknowledges and agrees that (i) a default by any Member in making a required Capital Contribution will result in the Company and the non-defaulting Members incurring certain costs and other damages in an amount that would be extremely difficult or impractical to ascertain and (ii) the remedies described in this Section 3.8 bear a reasonable relationship to the damages which the Members estimate may be suffered by the Company and the non-defaulting Members by reason of the failure of a defaulting Member to make any required Capital Contribution and the election of any or all of the above described remedies is not unreasonable under the circumstances existing as of the date hereof. The election of the non-defaulting Members to pursue any remedy provided in this Section 3.8 shall not be a waiver or limitation of the right to pursue an additional or different remedy available hereunder or at law or equity with respect to any such default.
Purchase Terms Varied by Agreement. 25 ARTICLE IX ACCOUNTING, RECORDS, REPORTING BY MEMBERS..................................25 9.1
Purchase Terms Varied by Agreement. 36 10.2 Bankruptcy.........................................................36
Purchase Terms Varied by Agreement. Nothing contained herein is intended ---------------------------------- to prohibit Members from agreeing upon terms and conditions for the purchase by Company or any Member(s) of the Interest of any Member in Company desiring to withdraw or resign, in whole or in part, as a Member (on such terms and conditions as may be agreed upon by the selling Member and Company or the remaining Member(s) as the case may be), nor is anything herein intended to limit or otherwise affect the ability of a Member to demand a return of its contribution to Company as provided in the Act.
Purchase Terms Varied by Agreement. Nothing contained herein is intended to prohibit Members from agreeing upon other term and conditions for the purchase by the Company or any Member of the Membership Interest of any Member in the Company. Each Member acknowledges and agrees that (i) a default by any Member in making a required Capital Contribution will result in the Company and the non-defaulting Members incurring certain costs and other damages in an amount that would be extremely difficult or impractical to ascertain and (ii) the remedies described in this SECTION 3.8 bear a reasonable relationship to the damages which the Members estimate may be suffered by the Company and the non-defaulting Members by reason of the failure of a defaulting Member to make any required Capital Contribution and the election of any or all of the above described remedies is not unreasonable under the circumstances existing as of the date hereof. The election of the non-defaulting Members to pursue any remedy provided in this SECTION 3.8 shall not be a waiver or limitation of the right to pursue an additional or different remedy available hereunder or at law or equity with respect to any such default.
Purchase Terms Varied by Agreement. 24 8.9 Noncompetition............................................... 24 A.
Purchase Terms Varied by Agreement. 36 10.2 Bankruptcy......................................................36 -------- *** Confidential information omitted pursuant to a request for confidential treatment filed separately with the Securities and Exchange Commission.
Purchase Terms Varied by Agreement. Nothing contained herein is intended to prohibit Partners from agreeing upon other terms and conditions for the purchase by the Partnership or any Partner of the Partnership Interest of any Partner in the Partnership desiring to retire, withdraw or resign, in whole or in part, as a Partner.
