Resolution of Inconsistencies. If there are inconsistencies between this Agreement and the Certificate, the Certificate will control. If there are inconsistencies between this Agreement and the Act, this Agreement will control, except to the extent the inconsistencies relate to provisions of the Act that the Members cannot alter by agreement. If there are inconsistencies between this Agreement and the Offering Circular, this Agreement will control. Without limiting the generality of the foregoing, unless the language or context clearly indicates a different intent, the provisions of this Agreement pertaining to the Company's governance and financial affairs and the rights of the Members upon Dissociation and dissolution will supersede the provisions of the Act relating to the same matters.
Appears in 5 contracts
Samples: Limited Liability Company Operating Agreement (LK Secured Lending Reg a Fund, LLC), Limited Liability Company Operating Agreement (LK Secured Lending Reg a Fund, LLC), Limited Liability Company Operating Agreement (LK Secured Lending Reg a Fund, LLC)
Resolution of Inconsistencies. If there are inconsistencies between this Agreement and the Certificate, the Certificate will control. If there are inconsistencies between this Agreement and the Act, this Agreement will control, except to the extent the inconsistencies relate to provisions of the Act that the Members cannot alter by agreement. If there are inconsistencies between this Agreement and the Offering CircularMemorandum, this Agreement will control. Without limiting the generality of the foregoing, unless the language or context clearly indicates a different intent, the provisions of this Agreement pertaining to the Company's ’s and each Series’ governance and financial affairs affairs, and the rights of the Members upon Dissociation and dissolution dissolution, will supersede the provisions of the Act relating to the same matters.
Appears in 4 contracts
Samples: Limited Liability Company Operating Agreement (Forte Investment Fund, LLC), Limited Liability Company Operating Agreement (Concreit Series LLC), Limited Liability Company Operating Agreement (Concreit Series LLC)
Resolution of Inconsistencies. If there are inconsistencies between this Agreement and the CertificateArticles, the Certificate Articles will control. If there are inconsistencies between this Agreement and the Act, this Agreement will control, except to the extent the inconsistencies relate to provisions of the Act that the Members cannot alter by agreement. If there are inconsistencies between this Agreement and the Offering CircularMemorandum, this Agreement the Memorandum will control. Without limiting the generality of the foregoing, unless the language or context clearly indicates a different intent, the provisions of this Agreement pertaining to the Company's LLC’s governance and financial affairs and the rights of the Members upon Dissociation and dissolution will supersede the provisions of the Act relating to the same matters.
Appears in 2 contracts
Samples: Limited Liability Company Operating Agreement, Limited Liability Company Operating Agreement
Resolution of Inconsistencies. If there are inconsistencies between this Agreement and the Certificate, the Certificate will control. If there are inconsistencies between this Agreement and the Act, this Agreement will control, except to the extent the inconsistencies relate to provisions of the Act that the Members cannot alter by agreement. If there are inconsistencies between this Agreement and the Offering Circular, this Agreement will control. Without limiting the generality of the foregoing, unless the language or context clearly indicates a different intent, the provisions of this Agreement pertaining to the Company's ’s governance and financial affairs and the rights of the Members upon Dissociation and dissolution will supersede the provisions of the Act relating to the same matters.
Appears in 2 contracts
Samples: Limited Liability Company Operating Agreement (Circle of Wealth Fund III LLC), Limited Liability Company Operating Agreement (Circle of Wealth Fund III LLC)
Resolution of Inconsistencies. If there are inconsistencies between this Agreement and the CertificateCertificate of the Company, the Certificate will controlcontrol and this Agreement will be considered to have been amended in the specifics necessary to eliminate the inconsistencies. If there are inconsistencies between this Agreement and the Act, this Agreement will control, except to the extent the inconsistencies relate to provisions of the Act that the Members cannot alter by agreement. If there are inconsistencies between this Agreement and the Offering Circular, this Agreement will control. Without limiting the generality of the foregoing, unless the language or context clearly indicates a different intent, the provisions of this Agreement pertaining to the Company's ’s governance and financial affairs and the rights of the Members Member upon Dissociation and dissolution will supersede the provisions of the Act relating to the same matters.
Appears in 1 contract
