Common use of THE MEMBERS Clause in Contracts

THE MEMBERS. (i) acknowledge that th e Service Company, the Manager and their respective members, managers, directors, officers, employees, agents, Affiliates and their respective Affiliates are or may be involved in other financial, investment and professional activities, including but not limited to: management of or participation in other investment funds; venture capital, private equity, public equity and real estate investing; purchases and sales of Securities; investment and management counseling; otherwise making investments or presenting investment opportunities to third parties; founding, organizing or promoting new companies; the ongoing business operations of the Wefunder entities, acquiring equity interests or other Securities i n t h e Portfolio Companies (prior to, concurrently with, or subsequent to the Company’s investment and with or without cash consideration); and serving as officers, directors, advisors, consultants, and agents of other entities; and (ii) agree that, the Service Company, the Manager and their respective members, managers, directors, officers, employees, agents, Affiliates and their respective Affiliates may engage for their own accounts and for the accounts of others in any such ventures and activities (without regard to whether the interests of such ventures and activities conflict with o r are adverse with those of the Company); and (iii) agree that the Company shall have no interest, obligation or special legal right to invest in the Portfolio Companies. The Members acknowledge that the Manager (or its Affiliates) may currently manage or in the future manage the investments of one of its Affiliates in Securities of one or more of the Portfolio Companies and that such Securities may have been or be purchased at different prices than the price paid by the Company for similar Securities and that such Securities may be sold at different times, different prices and on different terms than the Manager causes the Company to sell its Securities of such Portfolio Companies. Neither the Company nor any Member shall have any right by virtue of this Agreement or the existence of the Company in and to such ventures or activities or to the income or profits derived therefrom, and th e Service Company, the Manager and their respective members, managers, directors, officers, employees, agents, Affiliates and their respective Affiliates shall have no duty or obligation to make any reports to the Members or the Company with respect to any such ventures or activities.

Appears in 4 contracts

Samples: Operating Agreement, Operating Agreement, Operating Agreement

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THE MEMBERS. (i) acknowledge that th e the Service Company, the Manager and their respective members, managers, directors, officersofficers, employees, agents, Affiliates Affiliates and their respective Affiliates Affiliates are or may be involved in other financialfinancial, investment and professional activities, including but not limited to: management of or participation in other investment funds; venture capital, private equity, public equity and real estate investing; purchases and sales of Securities; investment and management counseling; otherwise making investments or presenting investment opportunities to third parties; founding, organizing or promoting new companies; the ongoing business operations of the Wefunder entities, acquiring equity interests or other Securities i n t h e Portfolio Companies (prior to, concurrently with, or subsequent to the Company’s investment and with or without cash consideration); and serving as officers, directors, advisors, consultants, and agents of other entities; and (ii) agree that, the Service Company, the Manager and their respective members, managers, directors, officers, employees, agents, Affiliates Affiliates and their respective Affiliates Affiliates may engage for their own accounts and for the accounts of others in any such ventures and activities (without regard to whether the interests of such ventures and activities conflict conflict with o r are adverse with those of the Company); and (iii) agree that the Company shall have no interest, obligation or special legal right to invest in the Portfolio Companies. The Members acknowledge that the Manager (or its Affiliates) may currently manage or in the future manage the investments of one of its Affiliates in Securities of one or more of the Portfolio Companies and that such Securities may have been or be purchased at different different prices than the price paid by the Company for similar Securities and that such Securities may be sold at different different times, different different prices and on different different terms than the Manager causes the Company to sell its Securities of such Portfolio Companies. Neither the Company nor any Member shall have any right by virtue of this Agreement or the existence of the Company in and to such ventures or activities or to the income or profits profits derived therefrom, and th e Service Company, the Manager and their respective members, managers, directors, officersofficers, employees, agents, Affiliates Affiliates and their respective Affiliates Affiliates shall have no duty or obligation to make any reports to the Members or the Company with respect to any such ventures or activities.

Appears in 4 contracts

Samples: Operating Agreement, Operating Agreement, Operating Agreement

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THE MEMBERS. (i) acknowledge that th e Service Company, the Manager and their respective members, managers, directors, officers, employees, agents, Affiliates and their respective Affiliates are or may be involved in other financial, investment and professional activities, including but not limited to: management of or participation in other investment funds; venture capital, private equity, public equity and real estate investing; purchases and sales of Securities; investment and management counseling; otherwise making investments or presenting investment opportunities to third parties; founding, organizing or promoting new companies; the ongoing business operations of the Wefunder entities, acquiring equity interests or other Securities i n t h e the Portfolio Companies (prior to, concurrently with, or subsequent to the Company’s investment and with or without cash consideration); and serving as officers, directors, advisors, consultants, and agents of other entities; and (ii) agree that, the Service Company, the Manager and their respective members, managers, directors, officers, employees, agents, Affiliates and their respective Affiliates may engage for their own accounts and for the accounts of others in any such ventures and activities (without regard to whether the interests of such ventures and activities conflict with o r are adverse with those of the Company); and (iii) agree that the Company shall have no interest, obligation or special legal right to invest in the Portfolio Companies. The Members acknowledge that the Manager (or its Affiliates) may m a y currently manage or in the future manage the investments of one of its Affiliates in Securities of one on e or more of the Portfolio Companies and that such Securities may have been or be purchased at different prices than the price paid by the Company for similar Securities and that such Securities may be sold at different times, different prices and on different terms than the Manager causes the Company to sell its Securities of such Portfolio Companies. Neither the Company nor any Member shall have any right by virtue of this Agreement or the existence of the Company in and to such ventures or activities or to the income or profits derived therefrom, and th e Service Company, the Manager and their respective members, managers, directors, officers, employees, agents, Affiliates and their respective Affiliates shall have no duty or obligation to make any reports to the Members or the Company with respect to any such ventures or activities.

Appears in 3 contracts

Samples: Operating Agreement, Operating Agreement, Operating Agreement

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