Common use of Special Right of Appointment of Directors for Certain Members Clause in Contracts

Special Right of Appointment of Directors for Certain Members. Commencing on a date within thirty (30) days following the Financing Closing, each Member who holds Four Hundred (400) or more Units, all of which were purchased by such Member from the Company during its initial public offering of equity securities filed with the Securities and Exchange Commission, shall be deemed an “Appointing Member” and shall be entitled to appoint one (1) Director, so long as the Appointing Member is the holder of Four Hundred (400) Units. Units held by an Affiliate or Related Party of a Member shall be included in the determination of whether the Member holds the requisite number of Units for purposes of this section and shall, together, be limited to the appointment of one (1) Director, regardless of the number of Units held by that Member, Affiliate or Related Party. Only Members who hold the requisite Four Hundred (400) or more Units are granted appointment rights hereunder. Accordingly, any Member who purchases Units that equal or exceed Four Hundred (400) Units other than those offered by the Company during the Company’s initial public offering of equity securities filed with the Securities and Exchange Commission, shall not be entitled to appoint any Directors, regardless of the amount of Units purchased by such Member. A Director appointed by a Member under this section shall serve indefinitely at the pleasure of the Member appointing him or her until a successor is appointed, or until the earlier death, resignation, or removal of the Director. Any Director appointed under this section may be removed for any reason by the Member appointing him or her, upon written notice to the Board of Directors, which notice may designate and appoint a successor Director to fill the vacancy, and which notice may be given at a meeting of the Board of Directors attended by the person appointed to fill the vacancy. Any such vacancy shall be filled within thirty days of its occurrence by the Member having the right of appointment. In the event that the number of Units held by an Appointing Member falls below the threshold of Four Hundred (400) Units, the term of any Director appointed by such Member shall terminate, the seat will dissolve, and the Member shall elect Directors collectively with the other Members in accordance with Section 5.3(a). In the event that an Appointing Member transfers such Units, the appointment rights shall not transfer with the Units, but shall expire upon the date of transfer unless said transfer is to an Affiliate or Related Party of the Appointing Member.

Special Right of Appointment of Directors for Certain Members. Commencing on a date within thirty (30) days with the first annual or special meeting of the Members following the Financing Financial Closing, each Member who holds Four Hundred two hundred (400200) or more Units, all of which were purchased by such Member from the Company during its the Company’s initial public registered offering of equity securities filed with the Securities and Exchange Commission, shall be deemed an (“Appointing Member” and Members”), shall be entitled to appoint one (1) Director, so long as the Appointing Member is the holder of Four Hundred two hundred (400200) or more Units. Units held by an Affiliate or Related Party of a Member shall be included in the determination of whether the Member holds the requisite number of Units for purposes of this section and shall, together, be limited to the appointment of one (1) Director, regardless of the number of Units held by that Member, Affiliate or Related Partysection. Only Members who hold the requisite Four Hundred acquire two hundred (400200) or more Units from the Company in its initial registered offering are granted appointment rights hereunder. Accordingly, any Member who purchases Units that equal subsequently acquires two hundred (200) or exceed Four Hundred (400) more Units other than those offered by acquisition from the Company during the Company’s in its initial public offering of equity securities filed with the Securities and Exchange Commissionregistered offering, shall not be entitled to appoint any Directors, regardless of the amount number of Units purchased held by such Member. A Director appointed by a Member under this section shall serve indefinitely at the pleasure of the Member appointing him or her until a successor is appointed, or until the earlier death, resignation, or removal of the Director. Any Director appointed under this section may be removed for any reason by the Member appointing him or her, upon written notice to the Board of Directors, which notice may designate and appoint a successor Director to fill the vacancy, and which notice may be given at a meeting of the Board of Directors attended by the person appointed to fill the vacancy. Any such vacancy shall be filled within thirty days of its occurrence by the Member having the right of appointment. In the event that the number of Units held by an Appointing a Member falls below the threshold of Four Hundred (400) 200 Units, the term of any Director appointed by such Member shall terminate, the seat will dissolve, and the Member shall elect Directors collectively with the other Members in accordance with Section 5.3(a). In the event that an Appointing Member transfers such Units, the appointment rights shall not transfer with the Units, but shall expire upon the date of transfer unless said transfer is to an Affiliate or Related Party of the Appointing Member.

Special Right of Appointment of Directors for Certain Members. Commencing on a date within thirty (30) days following the Financing Closing, each Member who holds Four Hundred five thousand (4005,000) or more Units, all of which were purchased by such Member from the Company during its initial public offering of equity securities filed with the Securities and Exchange Commission, shall be deemed an “Appointing Member” and shall be entitled to appoint one (1) DirectorDirector for each block of 5,000 Units; provided, so however, that no Appointing Member shall be entitled to appoint more than two (2) Directors regardless of the total number of Units owned and purchased in the initial public offering. So long as the Appointing Member is the holder of Four Hundred five thousand (4005,000) UnitsUnits the Member shall retain its right to appoint a Director. Units held by an Affiliate or Related Party of a Member shall be included in the determination of whether the Member holds the requisite number of Units for purposes of this section and shall, together, be limited to the appointment of one (1) Director, Director for each block of 5,000 Units subject to the maximum appointment of two (2) Directors regardless of the number of Units held by that Member, Affiliate or Related Party. Only Members who hold the requisite Four Hundred five thousand (4005,000) or more Units are granted appointment rights hereunder. Accordingly, any Member who purchases Units that equal or exceed Four Hundred five thousand (4005,000) Units other than those offered by the Company during the Company’s initial public offering of equity securities filed with the Securities and Exchange Commission, shall not be entitled to appoint any Directors, regardless of the amount of Units purchased by such Member. A Director appointed by a Member under this section shall serve indefinitely at the pleasure of the Member appointing him or her until a successor is appointed, or until the earlier death, resignation, or removal of the Director. Any Director appointed under this section may be removed for any reason by the Member appointing him or her, upon written notice to the Board of Directors, which notice may designate and appoint a successor Director to fill the vacancy, and which notice may be given at a meeting of the Board of Directors attended by the person appointed to fill the vacancy. Any such vacancy shall be filled within thirty (30) days of its occurrence by the Member having the right of appointment. In the event that the number of Units held by an Appointing Member falls below the threshold of Four Hundred five thousand (4005,000) Units, the term of any Director appointed by such Member shall terminate, the seat will dissolve, terminate and the Member Board of Directors shall have the right to appoint a successor and the Appointing Member’s whose right of appointment has terminated shall then elect Directors collectively with the other Members in accordance with Sections 5.3(a) and (c). A Director appointed by the Board of Directors under this Section 5.3(a)shall serve indefinitely at the pleasure of the Board of Directors until the Board of Directors appoints a successor due to the death, resignation, or removal of the appointed Director. In the event that an Appointing Member transfers such Units, the appointment rights shall not transfer with the Units, but shall expire upon the date of transfer unless said transfer is to an Affiliate or Related Party of the Appointing Member.

Special Right of Appointment of Directors for Certain Members. Commencing on a date within thirty (30) days with the first annual or special meeting of the Members following the Financing Closingclosing of the debt financing necessary to construct the Facilities, each Member who holds Four Hundred two thousand (4002,000) or more Units, all of which were purchased by such Member from the Company during its the Company’s initial public registered offering of equity securities filed with the Securities and Exchange Commission, shall be deemed an (“Appointing Member” and Members”), shall be entitled to appoint one one (1) Director, so long as the Appointing Member is the holder of Four Hundred two thousand (4002,000) or more Units. Units held by an Affiliate or Related Party of a Member shall be included in the determination of whether the Member holds the requisite number of Units for purposes of this section and shall, together, be limited to the appointment of one (1) Director, regardless of the number of Units held by that Member, Affiliate or Related PartySection. Only Members who hold the requisite Four Hundred acquire two thousand (4002,000) or more Units from the Company in its initial registered offering are granted appointment rights hereunder. Accordingly, any Member who purchases Units that equal subsequently acquires two thousand (2,000) or exceed Four Hundred (400) more Units other than those offered by acquisition from the Company during the Company’s in its initial public registered offering of equity securities filed with the Securities and Exchange Commissionbeginning in 2005, shall not be entitled to appoint any Directors, regardless of the amount number of Units purchased held by such Member. A Director appointed by a Member under this section shall serve indefinitely at the pleasure of the Member appointing him or her until a successor is appointed, or until the earlier death, resignation, or removal of the Director. Any Director appointed under this section may be removed for any reason by the Member appointing him or her, upon written notice to the Board of Directors, which notice may designate and appoint a successor Director to fill the vacancy, and which notice may be given at a meeting of the Board of Directors attended by the person appointed to fill the vacancy. Any such vacancy shall be filled within thirty days of its occurrence by the Member having the right of appointment. In the event that the number of Units held by an Appointing a Member falls below the threshold of Four Hundred two thousand (4002,000) Unitsunits, the term of any Director appointed by such Member shall terminate, the seat will dissolve, and the Member shall Unit holder will elect Directors collectively with the other Members Unit holders in accordance with this Section 5.3(a)5.3. In the event that an Appointing Member transfers such Units, the The Member’s special right of appointment rights shall not transfer with the Units, but shall expire upon the date of transfer unless said transfer is to an Affiliate or Related Party of the Appointing Memberwill terminate.

Special Right of Appointment of Directors for Certain Members. Commencing on a date within thirty (30) days with the first annual or special meeting of the Members following substantial completion of construction of the Financing ClosingFacilities, each Member who holds Four Hundred (400) 2,000 or more Units, Units all of which were purchased by such Member from the Company during its the Company’s initial public 2006 registered offering of equity securities filed with the Securities and Exchange Commissionfirst, shall be deemed an “Appointing Member” and shall be entitled to appoint one (1) Director, so long as the Appointing Member is the holder of Four Hundred (400) the same 2,000 or more Units. Units held by an Affiliate or Related Party of a Member shall be included count in the determination of whether the Member holds the requisite number of Units for purposes of this section and shall, together, be limited to the appointment of one (1) Director, regardless of determining the number of Units held by that Member, Affiliate or Related Partythe Member for purposes of this section. Only Members who hold the requisite Four Hundred (400) acquire 2,000 or more Units from the Company in its 2006 initial registered offering are granted appointment rights hereunder. Accordingly, any Member who purchases Units that equal subsequently acquires 2,000 or exceed Four Hundred (400) more Units other than those offered by acquisition from the Company during the Company’s in its initial public registered offering of equity securities filed with the Securities and Exchange Commission, shall not be entitled to appoint any Directors, regardless of the amount number of Units purchased held by such MemberMember but such Member shall elect Directors at large pursuant to Section 5.3(a) herein. A Director appointed by a Member under this section shall serve indefinitely at the pleasure of the Member appointing him or her until a successor is appointed, or until the earlier death, resignation, or removal of the Director. Any A Director appointed under this section may be removed for any reason by the Member appointing him or her, upon written notice to the Board of Directors, which notice may designate and appoint a successor Director to fill the vacancy, and which notice may be given at a meeting of the Board of Directors attended by the person appointed to fill the vacancy. Any such vacancy shall be filled within thirty days of its occurrence by the Member having the right of appointment. In the event that the number of Units held by an Appointing a Member falls below the threshold of Four Hundred (400) Unitsgranting appointment rights, the term of any Director appointed by such Member shall terminate, the seat will dissolve, and the Member shall Unit holder will elect Directors collectively with the other Members Unit holders in accordance with Section 5.3(a)this section 5.3. In the event that an Appointing Member transfers such Units, the The Member’s special right of appointment rights shall not transfer with the Units, but shall expire upon the date of transfer unless said transfer is to an Affiliate or Related Party of the Appointing Memberwill terminate.

Special Right of Appointment of Directors for Certain Members. Commencing on a date within thirty (30) days with the first annual or special meeting of the Members following substantial completion of construction of the Financing ClosingFacilities, each Member Members who holds Four Hundred (400) hold 3,000 or more Units, Units all of which were purchased by such Member from the Company during its the Company’s initial public offering of equity securities filed with the Securities and Exchange Commission2006 registered offering, shall be deemed an “Appointing Member” and shall be entitled to appoint one (1) Director, so long as the Appointing Member is the holder of Four Hundred (400) the same 3,000 or more Units. Units held by an Affiliate or Related Party of a Member shall be included count in the determination of whether the Member holds the requisite number of Units for purposes of this section and shall, together, be limited to the appointment of one (1) Director, regardless of determining the number of Units held by that Member, Affiliate or Related Partythe Member for purposes of this section. Only Members who hold the requisite Four Hundred (400) acquire 3,000 or more Units from the Company in its 2006 initial registered offering are granted appointment rights hereunder. Accordingly, any Member who purchases Units that equal subsequently acquires 3,000 or exceed Four Hundred (400) more Units other than those offered by acquisition from the Company during the Company’s in its initial public registered offering of equity securities filed with the Securities and Exchange Commission, shall not be entitled to appoint any Directors, regardless of the amount number of Units purchased held by such MemberMember but such Member shall elect Directors at large pursuant to Section 5.3(a) herein. A Director appointed by a Member under this section shall serve indefinitely at the pleasure of the Member appointing him or her until a successor is appointed, or until the earlier death, resignation, or removal of the Director. Any A Director appointed under this section may be removed for any reason by the Member appointing him or her, upon written notice to the Board of Directors, which notice may designate and appoint a successor Director to fill the vacancy, and which notice may be given at a meeting of the Board of Directors attended by the person appointed to fill the vacancy. Any such vacancy shall be filled within thirty days of its occurrence by the Member having the right of appointment. In the event that the number of Units held by an Appointing a Member falls below the threshold of Four Hundred (400) Unitsgranting appointment rights, the term of any Director appointed by such Member shall terminate, the seat will dissolve, and the Member shall Unit holder will elect Directors collectively with the other Members Unit holders in accordance with Section 5.3(a)this section 5.3. In the event that an Appointing Member transfers such Units, the The Member’s special right of appointment rights shall not transfer with the Units, but shall expire upon the date of transfer unless said transfer is to an Affiliate or Related Party of the Appointing Memberwill terminate.

Special Right of Appointment of Directors for Certain Members. Commencing on a date within thirty (30) days with the first annual or special meeting of the Members following the Financing Financial Closing, each Member who holds Four Hundred two hundred (400200) or more Units, all of which were purchased by such Member from the Company during its the Company's initial public registered offering of equity securities filed with the Securities and Exchange Commission("Appointing Members"), shall be deemed an “Appointing Member” and shall be entitled to appoint one (1) Director, so long as the Appointing Member is the holder of Four Hundred two hundred (400200) or more Units. Units held by an Affiliate or Related Party of a Member shall be included in the determination of whether the Member holds the requisite number of Units for purposes of this section and shall, together, be limited to the appointment of one (1) Director, regardless of the number of Units held by that Member, Affiliate or Related Partysection. Only Members who hold the requisite Four Hundred acquire two hundred (400200) or more Units from the Company in its initial registered offering are granted appointment rights hereunder. Accordingly, any Member who purchases Units that equal subsequently acquires two hundred (200) or exceed Four Hundred (400) more Units other than those offered by acquisition from the Company during the Company’s in its initial public offering of equity securities filed with the Securities and Exchange Commissionregistered offering, shall not be entitled to appoint any Directors, regardless of the amount number of Units purchased held by such Member. A Director appointed by a Member under this section shall serve indefinitely at the pleasure of the Member appointing him or her until a successor is appointed, or until the earlier death, resignation, or removal of the Director. Any Director appointed under this section may be removed for any reason by the Member appointing him or her, upon written notice to the Board of Directors, which notice may designate and appoint a successor Director to fill the vacancy, and which notice may be given at a meeting of the Board of Directors attended by the person appointed to fill the vacancy. Any such vacancy shall be filled within thirty days of its occurrence by the Member having the right of appointment. In the event that the number of Units held by an Appointing a Member falls below the threshold of Four Hundred (400) 200 Units, the term of any Director appointed by such Member shall terminate, the seat will dissolve, and the Member shall elect Directors collectively with the other Members in accordance with Section 5.3(a). In the event that an Appointing Member transfers such Units, the appointment rights shall not transfer with the Units, but shall expire upon the date of transfer unless said transfer is to an Affiliate or Related Party of the Appointing Member.

Special Right of Appointment of Directors for Certain Members. Commencing on a date within thirty (30) days following the Financing Closing, each eachEach Member who holds Four Hundred (400) or more Units, all of which were purchased by such Member from the Company during its initial public offering of equity securities filed with the Securities and Exchange Commission, shall be deemed an “Appointing Member” and shall be entitled to appoint one (1) Director, so long as the Appointing Member is the holder of Four Hundred (400) Units. Units held by an Affiliate or Related Party of a Member shall be included in the determination of whether the Member holds the requisite number of Units for purposes of this section and shall, together, be limited to the appointment of one (1) Director, regardless of the number of Units held by that Member, Affiliate or Related Party. Only Members who hold the requisite Four Hundred (400) or more Units are granted appointment rights hereunder. Accordingly, any Member who purchases Units that equal or exceed Four Hundred (400) Units other than those offered by the Company during the Company’s initial public offering of equity securities filed with the Securities and Exchange Commission, shall not be entitled to appoint any Directors, regardless of the amount of Units purchased by such Member. A Director appointed by a Member under this section shall serve indefinitely at the pleasure of the Member appointing him or her until a successor is appointed, or until the earlier death, resignation, or removal of the Director. Any Director appointed under this section may be removed for any reason by the Member appointing him or her, upon written notice to the Board of Directors, which notice may designate and appoint a successor Director to fill the vacancy, and which notice may be given at a meeting of the Board of Directors attended by the person appointed to fill the vacancy. Any such vacancy shall be filled within thirty days of its occurrence by the Member having the right of appointment. In the event that the number of Units held by an Appointing Member falls below the threshold of Four Hundred (400) Units, the term of any Director appointed by such Member shall terminate, the seat will dissolve, and the Member shall elect Directors collectively with the other Members in accordance with Section 5.3(a). In the event that an Appointing Member transfers such Units, the appointment rights shall not transfer with the Units, but shall expire upon the date of transfer unless said transfer is to an Affiliate or Related Party of the Appointing Member.a

Special Right of Appointment of Directors for Certain Members. Commencing on a date within thirty (30) days following the Financing Closing, each Member who holds Four Hundred five thousand (4005,000) or more Units, all of which were purchased by such Member from the Company during its initial public offering of equity securities filed with the Securities and Exchange Commission, shall be deemed an “Appointing Member” and shall be entitled to appoint one (1) DirectorDirector for each block of 5,000 Units; provided, so however, that no Appointing Member shall be entitled to appoint more than two (2) Directors regardless of the total number of Units owned and purchased in the initial public offering. So long as the Appointing Member is the holder of Four Hundred five thousand (4005,000) UnitsUnits the Member shall retain its right to appoint a Director. Units held by an Affiliate or Related Party of a Member shall be included in the determination of whether the Member holds the requisite number of Units for purposes of this section and shall, together, be limited to the appointment of one (1) Director, Director for each block of 5,000 Units subject to the maximum appointment of two (2) Directors regardless of the number of Units held by that Member, Affiliate or Related Party. Only Members who hold the requisite Four Hundred five thousand (4005,000) or more Units are granted appointment rights hereunder. Accordingly, any Member who purchases Units that equal or exceed Four Hundred five thousand (4005,000) Units other than those offered by the Company during the Company’s initial public offering of equity securities filed with the Securities and Exchange Commission, shall not be entitled to appoint any Directors, regardless of the amount of Units purchased by such Member. A Director appointed by a Member under this section shall serve indefinitely at the pleasure of the Member appointing him or her until a successor is appointed, or until the earlier death, resignation, or removal of the Director. Any Director appointed under this section may be removed for any reason by the Member appointing him or her, upon written notice to the Board of Directors, which notice may designate and appoint a successor Director to fill the vacancy, and which notice may be given at a meeting of the Board of Directors attended by the person appointed to fill the vacancy. Any such vacancy shall be filled within thirty (30) days of its occurrence by the Member having the right of appointment. In the event that the number of Units held by an Appointing Member falls below the threshold of Four Hundred five thousand (4005,000) Units, the term of any Director appointed by such Member shall terminateterminate and Board of Directors shall have the right to appoint a successor. A Director appointed by the Board of Directors under this Section shall serve indefinitely at the pleasure of the Board of Directors until the Board of Directors appoints a successor due to the death, resignation, or removal of the seat will dissolve, and the Member shall elect Directors collectively with the other Members in accordance with Section 5.3(a)appointed Director. In the event that an Appointing Member transfers such Units, the appointment rights shall not transfer with the Units, but shall expire upon the date of transfer unless said transfer is to an Affiliate or Related Party of the Appointing Member.

Special Right of Appointment of Directors for Certain Members. Commencing on a date within thirty (30) days following the Financing Closing, each Each Member who holds Four Hundred (400) or more Units, all of which were purchased by such Member from the Company during its initial public offering of equity securities filed with the Securities and Exchange Commission, shall be deemed an “Appointing Member” and shall be entitled to appoint one (1) Director, so long as the Appointing Member is the holder of Four Hundred (400) Units. Units held by an Affiliate or Related Party of a Member shall be included in the determination of whether the Member holds the requisite number of Units for purposes of this section and shall, together, be limited to the appointment of one (1) Director, regardless of the number of Units held by that Member, Affiliate or Related Party. Only Members who hold the requisite Four Hundred (400) or more Units are granted appointment rights hereunder. Accordingly, any Member who purchases Units that equal or exceed Four Hundred (400) Units other than those offered by the Company during the Company’s initial public offering of equity securities filed with the Securities and Exchange Commission, shall not be entitled to appoint any Directors, regardless of the amount of Units purchased by such Member. A Director appointed by a Member under this section shall serve indefinitely at the pleasure of the Member appointing him or her until a successor is appointed, or until the earlier death, resignation, or removal of the Director. Any Director appointed under this section may be removed for any reason by the Member appointing him or her, upon written notice to the Board of Directors, which notice may designate and appoint a successor Director to fill the vacancy, and which notice may be given at a meeting of the Board of Directors attended by the person appointed to fill the vacancy. Any such vacancy shall be filled within thirty days of its occurrence by the Member having the right of appointment. In the event that the number of Units held by an Appointing Member falls below the threshold of Four Hundred (400) Units, the term of any Director appointed by such Member shall terminate, the seat will dissolve, and the Member shall elect Directors collectively with the other Members in accordance with Section 5.3(a). In the event that an Appointing Member transfers such Units, the appointment rights shall not transfer with the Units, but shall expire upon the date of transfer unless said transfer is to an Affiliate or Related Party of the Appointing Member.event

Special Right of Appointment of Directors for Certain Members. Commencing on a date within thirty (30) days following the Financing Closing, each Member who holds Four Hundred ten thousand (40010,000) or more Units, all of which were purchased by such Member from the Company during its initial public offering of equity securities filed with the Securities and Exchange Commission, shall be deemed an “Appointing Member” and shall be entitled to appoint one (1) Director, so long as the Appointing Member is the holder of Four Hundred ten thousand (40010,000) Units. Units held by an Affiliate or Related Party of a Member shall be included in the determination of whether the Member holds the requisite number of Units for purposes of this section and shall, together, be limited to the appointment of one (1) Director, regardless of the number of Units held by that Member, Affiliate or Related Party. Only Members who hold the requisite Four Hundred ten thousand (40010,000) or more Units are granted appointment rights hereunder. Accordingly, any Member who purchases Units that equal or exceed Four Hundred ten thousand (40010,000) Units other than those offered by the Company during the Company’s initial public offering of equity securities filed with the Securities and Exchange Commission, shall not be entitled to appoint any Directors, regardless of the amount of Units purchased by such Member. A Director appointed by a Member under this section shall serve indefinitely at the pleasure of the Member appointing him or her until a successor is appointed, or until the earlier death, resignation, or removal of the Director. Any Director appointed under this section may be removed for any reason by the Member appointing him or her, upon written notice to the Board of Directors, which notice may designate and appoint a successor Director to fill the vacancy, and which notice may be given at a meeting of the Board of Directors attended by the person appointed to fill the vacancy. Any such vacancy shall be filled within thirty (30) days of its occurrence by the Member having the right of appointment. In the event that the number of Units held by an Appointing Member falls below the threshold of Four Hundred ten thousand (40010,000) Units, the term of any Director appointed by such Member shall terminate, the seat will dissolve, and the Member shall elect Directors collectively with the other Members in accordance with Section 5.3(a). In the event that an Appointing Member transfers such Units, the appointment rights shall not transfer with the Units, but shall expire upon the date of transfer unless said transfer is to an Affiliate or Related Party of the Appointing Member.

Special Right of Appointment of Directors for Certain Members. Commencing on a date within thirty (30) days with the first annual or special meeting of the Members following the Financing Financial Closing, each Member who holds Four Hundred two hundred (400200) or more Units, all of which were purchased by such Member from the Company during its the Company’s initial public publicly registered offering of equity securities filed with the Securities and Exchange Commission, shall be deemed an (“Appointing Member” and Members”), shall be entitled to appoint one (1) Director, so long as the Appointing Member is the holder of Four Hundred two hundred (400200) or more Units. Units held by an Affiliate or Related Party of a Member shall be included in the determination of whether the Member holds the requisite number of Units for purposes of this section and shall, together, be limited to the appointment of one (1) Director, regardless of the number of Units held by that Member, Affiliate or Related Partysection. Only Members who hold the requisite Four Hundred acquire two hundred (400200) or more Units from the Company in its initial registered offering are granted appointment rights hereunder. Accordingly, any Member who purchases Units that equal subsequently acquires two hundred (200) or exceed Four Hundred (400) more Units other than those offered by acquisition from the Company during the Company’s in its initial public offering of equity securities filed with the Securities and Exchange Commissionregistered offering, shall not be entitled to appoint any Directors, regardless of the amount number of Units purchased held by such Member. A Director appointed by a Member under this section shall serve indefinitely at the pleasure of the Member appointing him or her until a successor is appointed, or until the earlier death, resignation, or removal of the Director. Any Director appointed under this section may be removed for any reason by the Member appointing him or her, upon written notice to the Board of Directors, which notice may designate and appoint a successor Director to fill the vacancy, and which notice may be given at a meeting of the Board of Directors attended by the person appointed to fill the vacancy. Any such vacancy shall be filled within thirty days of its occurrence by the Member having the right of appointment. In the event that the number of Units held by an Appointing a Member falls below the threshold of Four Hundred (400) 200 Units, the term of any Director appointed by such Member shall terminate, the seat will dissolve, and the Member shall elect Directors collectively with the other Members in accordance with Section 5.3(a). In the event that an Appointing Member transfers such Units, the appointment rights shall not transfer with the Units, but shall expire upon the date of transfer unless said transfer is to an Affiliate or Related Party of the Appointing Member.

Special Right of Appointment of Directors for Certain Members. Commencing on a date within thirty (30) days following the Financing Closing, each Member who holds Four Hundred five thousand (4005,000) or more Units, all of which were purchased by such Member from the Company during its initial public offering of equity securities filed with the Securities and Exchange Commission, shall be deemed an “Appointing Member” and shall be entitled to appoint one (1) DirectorDirector for each block of 5,000 Units; provided, so however, that no Appointing Member shall be entitled to appoint more than two (2) Directors regardless of the total number of Units owned and purchased in the initial public offering. So long as the Appointing Member is the holder of Four Hundred five thousand (4005,000) UnitsUnits the Member shall retain its right to appoint a Director. Units held by an Affiliate or Related Party of a Member shall be included in the determination of whether the Member holds the requisite number of Units for purposes of this section and shall, together, be limited to the appointment of one (1) Director, Director for each block of 5,000 Units subject to the maximum appointment of two (2) Directors regardless of the number of Units held by that Member, Affiliate or Related Party. Only Members who hold the requisite Four Hundred five thousand (4005,000) or more Units are granted appointment rights hereunder. Accordingly, any Member who purchases Units that equal or exceed Four Hundred five thousand (4005,000) Units other than those offered by the Company during the Company’s 's initial public offering of equity securities filed with the Securities and Exchange Commission, shall not be entitled to appoint any Directors, regardless of the amount of Units purchased by such Member. A Director appointed by a Member under this section shall serve indefinitely at the pleasure of the Member appointing him or her until a successor is appointed, or until the earlier death, resignation, or removal of the Director. Any Director appointed under this section may be removed for any reason by the Member appointing him or her, upon written notice to the Board of Directors, which notice may designate and appoint a successor Director to fill the vacancy, and which notice may be given at a meeting of the Board of Directors attended by the person appointed to fill the vacancy. Any such vacancy shall be filled within thirty (30) days of its occurrence by the Member having the right of appointment. In the event that the number of Units held by an Appointing Member falls below the threshold of Four Hundred five thousand (4005,000) Units, the term of any Director appointed by such Member shall terminate, the seat will dissolve, terminate and the Member Board of Directors shall have the right to appoint a successor and the Appointing Member's whose right of appointment has terminated shall then elect Directors collectively with the other Members in accordance with Sections 5.3(a) and (c). A Director appointed by the Board of Directors under this Section 5.3(a)shall serve indefinitely at the pleasure of the Board of Directors until the Board of Directors appoints a successor due to the death, resignation, or removal of the appointed Director. In the event that an Appointing Member transfers such Units, the appointment rights shall not transfer with the Units, but shall expire upon the date of transfer unless said transfer is to an Affiliate or Related Party of the Appointing Member.

Special Right of Appointment of Directors for Certain Members. Commencing on a date within thirty (30) days following the Financing Closing, each Member who holds Four Hundred five thousand (4005,000) or more Units, all of which were purchased by such Member from the Company during its initial public offering of equity securities filed with the Securities and Exchange Commission, shall be deemed an “Appointing Member” and shall be entitled to appoint one (1) DirectorDirector for each block of 5,000 Units; provided, so however, that no Appointing Member shall be entitled to appoint more than two (2) Directors regardless of the total number of Units owned and purchased in the initial public offering. So long as the Appointing Member is the holder of Four Hundred five thousand (4005,000) UnitsUnits the Member shall retain its right to appoint a Director. Units held by an Affiliate or Related Party of a Member shall be included in the determination of whether the Member holds the requisite number of Units for purposes of this section and shall, together, be limited to the appointment of one (1) Director, Director for each block of 5,000 Units subject to the maximum appointment of two (2) Directors regardless of the number of Units held by that Member, Affiliate or Related Party. Only Members who hold the requisite Four Hundred five thousand (4005,000) or more Units are granted appointment rights hereunder. Accordingly, any Member who purchases Units that equal or exceed Four Hundred five thousand (4005,000) Units other than those offered by the Company during the Company’s initial public offering of equity securities filed with the Securities and Exchange Commission, shall not be entitled to appoint any Directors, regardless of the amount of Units purchased by such Member. A Director appointed by a Member under this section shall serve indefinitely at the pleasure of the Member appointing him or her until a successor is appointed, or until the earlier death, resignation, or removal of the Director. Any Director appointed under this section may be removed for any reason by the Member appointing him or her, upon written notice to the Board of Directors, which notice may designate and appoint a successor Director to fill the vacancy, and which notice may be given at a meeting of the Board of Directors attended by the person appointed to fill the vacancy. Any such vacancy shall be filled within thirty (30) days of its occurrence by the Member having the right of appointment. In the event that the number of Units held by an Appointing Member falls below the threshold of Four Hundred five thousand (4005,000) Units, the term of any Director appointed by such Member shall terminate, the seat will dissolve, terminate and the Member Board of Directors shall have the right to appoint a successor and the Appointing Member’s whose right of appointment has terminated shall then elect Directors collectively with the other Members in accordance with Sections 5.3(a) and (c). A Director appointed by the Board of Directors under this Section 5.3(a)shall serve indefinitely at the pleasure of the Board of Directors until the Board of Directors appoints a successor due to the death, resignation, or removal of the appointed Director. In the event that an Appointing Member transfers such Units, the appointment rights shall not transfer with the Units, but shall expire upon the date of transfer unless said transfer is to an Affiliate or Related Party of the Appointing Member (in which case the appointment rights shall survive said transfer). An Appointing Member and such Appointing Member’s Appointing Member Affiliates shall not be entitled to vote for the election (or removal) of Directors by the Members, as their right to representation exists in their right of appointment. 7. Section 5.13 of the Operating Agreement is removed in its entirety and is replaced by the following:

Special Right of Appointment of Directors for Certain Members. Commencing on a date within thirty (30) days with the first annual or special meeting of the Members following the Financing Closingclosing of the debt financing necessary to construct the Facilities, each Member who holds Four Hundred two thousand (4002,000) or more Units, all of which were purchased by such Member from the Company during its the Company’s initial public registered offering of equity securities filed with the Securities and Exchange Commission, shall be deemed an (“Appointing Member” and Members”), shall be entitled to appoint one (1) Director, so long as the Appointing Member is the holder of Four Hundred two thousand (4002,000) or more Units. Units held by an Affiliate or Related Party of a Member shall be included in the determination of whether the Member holds the requisite number of Units for purposes of this section and shall, together, be limited to the appointment of one (1) Director, regardless of the number of Units held by that Member, Affiliate or Related PartySection. Only Members who hold the requisite Four Hundred acquire two thousand (4002,000) or more Units from the Company in its initial registered offering are granted appointment rights hereunder. Accordingly, any Member who purchases Units that equal subsequently acquires two thousand (2,000) or exceed Four Hundred (400) more Units other than those offered by acquisition from the Company during the Company’s in its initial public registered offering of equity securities filed with the Securities and Exchange Commissionbeginning in 2005, shall not be entitled to appoint any Directors, regardless of the amount number of Units purchased held by such Member. A Director appointed by a Member under this section shall serve indefinitely at the pleasure of the Member appointing him or her until a successor is appointed, or until the earlier death, resignation, or removal of the Director. Any Director appointed under this section may be removed for any reason by the Member appointing him or her, upon written notice to the Board of Directors, which notice may designate and appoint a successor Director to fill the vacancy, and which notice may be given at a meeting of the Board of Directors attended by the person appointed to fill the vacancy. Any such vacancy shall be filled within thirty days of its occurrence by the Member having the right of appointment. In the event that the number of Units held by an Appointing a Member falls below the threshold of Four Hundred two thousand (4002,000) Unitsunits, the term of any Director appointed by such Member shall terminate, the seat will dissolve, and the Member shall Unit holder will elect Directors collectively with the other Members Unit holders in accordance with Section 5.3(a)this section 5.3. In the event that an Appointing Member transfers such Units, the The Members special right of appointment rights shall not transfer with the Units, but shall expire upon the date of transfer unless said transfer is to an Affiliate or Related Party of the Appointing Memberwill terminate.