Common use of Transactions Between the Company and the Members Clause in Contracts

Transactions Between the Company and the Members. Notwithstanding that it may constitute a conflict of interest, the Members and their Affiliates may engage in any transaction with the Company so long as such transaction is not expressly prohibited by this Agreement and so long as the terms and conditions of such transaction, on an overall basis, are fair and reasonable to the Company and are at least as favorable to the Company as those that are generally available from persons capable of similarly performing them or if Members holding a majority of the Membership Interests held by the Members having no interest in such transaction (other than their interests as Members) approve the transaction in writing.

Appears in 2 contracts

Samples: Operating Agreement, Operating Agreement (Vans Inc)

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Transactions Between the Company and the Members. Notwithstanding that it may constitute a conflict of interest, the Members and their Affiliates may engage in any transaction with the Company or the WFOE so long as such transaction is not expressly prohibited by this Agreement and so long as the terms and conditions of such transaction, on an overall basis, are fair and reasonable to the Company and are at least as favorable to the Company as those that are generally available from persons capable of similarly performing them or if Members holding a majority of the Membership Interests held by the Members having no interest in such transaction (other than their interests as Members) approve the transaction in writing.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Herbalife International Inc)

Transactions Between the Company and the Members. Notwithstanding that it may constitute a conflict of interest, the Members and their Affiliates may engage in any transaction with the Company so long as such transaction is not expressly prohibited by this Agreement and so long as the terms and conditions of such transaction, on an overall basis, are fair and reasonable to the Company and are at least as favorable to the Company as those that are generally available from persons capable of similarly performing them or if Members holding a majority of them, and the Membership Interests held by the Members having no interest in such transaction (other than their interests as Members) approve Management Committee unanimously approves the transaction in writing. Section VI Transfer of Interests, Sales of Interests, and Withdrawals of Members

Appears in 1 contract

Samples: Limited Liability Company Agreement (TRxADE HEALTH, INC)

Transactions Between the Company and the Members. Notwithstanding that it may constitute a conflict of interest, the Members and their Affiliates may engage in any transaction with the Company so long as such transaction is not expressly prohibited by this Agreement (a) disclosed in detail in writing and so long as delivered to the Company and the other Members, and (b) the terms and conditions of such transaction, on an overall basis, are fair and reasonable to the Company and are at least generally as favorable to the Company as those that are generally available from persons capable of similarly performing them or if Members holding a majority of the Membership Interests held by the Members having no interest in such transaction (other than their interests as Members) approve the transaction in writingthem.

Appears in 1 contract

Samples: Operating Agreement (Keystone Property Trust)

Transactions Between the Company and the Members. Notwithstanding ------------------------------------------------ that it may constitute a conflict of interest, the Members and their Affiliates may engage in any transaction with the Company so long as such transaction is not expressly prohibited by this Agreement and so long as the terms and conditions of such transaction, on an overall basis, are fair and reasonable to the Company and are at least as favorable to the Company as those that are generally available from persons capable of similarly performing them or if Members holding a majority of the Membership Interests held by the Members having no interest in such transaction (other than their interests as Members) approve the transaction in writingwriting after full disclosure.

Appears in 1 contract

Samples: Operating Agreement (CPC of America Inc)

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Transactions Between the Company and the Members. Notwithstanding that it may constitute a conflict of interest, the Members a Member may, and their may cause its Affiliates may to, engage in any transaction with the Company so long as such transaction is approved by the Finance Committee and is not expressly prohibited by this Agreement and so long as the terms and conditions of such transaction, on an overall basis, are fair and reasonable to the Company and are at least as favorable to the Company as those that are generally available from persons Persons capable of similarly performing them or if Members holding a majority of the Membership Interests held by the Members having no interest and in such transaction (other than their interests as Members) approve the transaction in writingsimilar transactions between parties operating at arm’s length.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Nutracea)

Transactions Between the Company and the Members. Notwithstanding that it may constitute a conflict of interest, the Members and their Affiliates may engage in any transaction with the Company so long as such transaction is not expressly prohibited by this Agreement and so long as the terms and conditions of such transaction, on an overall basis, are fair and reasonable to the Company and are at least as favorable to the Company as those that are generally available from persons capable of similarly performing them or if Members holding a majority of the Membership Interests held by the Members having no interest in such transaction (other than their interests as Members) approve the transaction in writingwriting after full disclosure.

Appears in 1 contract

Samples: Operating Agreement (CPC of America Inc)

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