Common use of Representations Regarding Transfers Clause in Contracts

Representations Regarding Transfers. Each Member hereby covenants and agrees that: (A) it is acquiring the Units for such Member’s own account and not for resale or distribution; (B) it is not making, and will not make, a market in Units; (C) it will not Transfer its Units on an established securities market or a secondary market (or the substantial equivalent thereof) within the meaning of Code Section 7704(b) (or any Regulations, proposed Regulations, revenue rulings, or other official pronouncements of the Internal Revenue Service or Treasury Department), and if such Regulations, revenue rulings, or other pronouncements treat arrangements commonly referred to as “matching services” as being a secondary market or substantial equivalent thereof, it will not Transfer any Units through a matching service that is not pre-approved by the Directors; and (D) it will not Transfer any Units to any Person unless such Person agrees to be bound by this Agreement, including, without limitation, this Article IX.

Appears in 3 contracts

Samples: Operating Agreement (Lincolnway Energy, LLC), Operating Agreement (Lincolnway Energy, LLC), Operating Agreement (Lincolnway Energy, LLC)

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Representations Regarding Transfers. Each Member hereby covenants and agrees that: : (A) it is acquiring the Units for such Member’s own account and not for resale or distribution; (B) it is not making, and will not make, a market in Units; (C) it will not Transfer its Units on an established securities market or a secondary market (or the substantial equivalent thereof) within the meaning of Code Section 7704(b) (or any Regulations, proposed Regulations, revenue rulings, or other official pronouncements of the Internal Revenue Service or Treasury Department), and if such Regulations, revenue rulings, or other pronouncements treat arrangements commonly referred to as “matching services” as being a secondary market or substantial equivalent thereof, it will not Transfer any Units through a matching service that is not pre-approved by the Directors; and (D) it will not Transfer any Units to any Person unless such Person agrees to be bound by this Agreement, including, without limitation, this Article IX.

Appears in 1 contract

Samples: Operating Agreement

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