Common use of Transferee Not Member in Absence of Unanimous Consent Clause in Contracts

Transferee Not Member in Absence of Unanimous Consent. (a) Notwithstanding anything contained herein to the contrary (including, without limitation, Section 10.02 hereof), if all of the remaining Members do not approve by unanimous written consent the proposed sale or gift of the Transferring Member’s Membership Interest or Economic Interest to a transferee or donee which is not a Member immediately prior to the sale or gift, then the proposed transferee or donee shall have no right to participate in the management of the OPERATING AGREEMENT OF BADLANDS POWER FUELS, LLC A NORTH DAKOTA LIMITED LIABILITY COMPANY business and affairs of the Company or to become a Member. The transferee or donee shall be merely an Economic Interest Owner. No transfer of a Member’s interest in the Company (including any transfer of the Economic Interest or any other transfer which has not been approved by unanimous written consent of the Members) shall be effective unless and until written notice (including the name and address of the proposed transferee or donee and the date of such transfer) has been provided to the Company and the non-transferring Member(s).

Appears in 1 contract

Samples: Operating Agreement (Badlands Power Fuels, LLC)

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Transferee Not Member in Absence of Unanimous Consent. (a) Notwithstanding anything contained herein to the contrary (including, without limitation, Section 10.02 10.03 hereof), if all of the remaining Members do not approve by unanimous written consent of the proposed sale or gift of the Transferring Member’s 's Membership Interest or Economic Interest to a transferee or donee which is not a Member immediately prior to the sale or gift, then the proposed transferee or donee shall have no right to participate in the management of the OPERATING AGREEMENT OF BADLANDS POWER FUELS, LLC A NORTH DAKOTA LIMITED LIABILITY COMPANY business and affairs of the Company or to become a Member. The transferee or donee shall be merely an Economic Interest Owner. No transfer of a Member’s 's interest in the Company (including any transfer of the Economic Interest or any other transfer which has not been approved by unanimous written consent of the Members) shall be effective unless and until written notice (including the name and address of the proposed transferee or donee and the date of such transfer) has been provided to the Company and the non-transferring Member(s).

Appears in 1 contract

Samples: Operating Agreement (KFX Inc)

Transferee Not Member in Absence of Unanimous Consent. (a) Notwithstanding anything contained herein in this Operating Agreement to the contrary (including, without limitation, Section 10.02 hereofabove), if all of the remaining Members do not approve by unanimous written consent the proposed sale transfer or gift of the Transferring or Gifting Member’s Membership Interest or Economic Interest to a transferee or donee which transferee, donee, assignee, etc. that is not a Member immediately prior to before the sale transfer or gift, then the proposed transferee or donee shall have no right to participate in the management of the OPERATING AGREEMENT OF BADLANDS POWER FUELS, LLC A NORTH DAKOTA LIMITED LIABILITY COMPANY business and affairs of the Company or to become a Member. The transferee or donee done shall be merely an Economic Interest Owner. No transfer of a Member’s interest in the Company (including any transfer of the Economic Interest or any other transfer which that has not been approved by unanimous written consent of the Members) shall be effective unless and until written notice (including the name and address of the proposed transferee or donee done and the date of such transfer) has been provided to the Company and the non-transferring nontransferring Member(s).

Appears in 1 contract

Samples: Operating Agreement (SILC Holdings LLC)

Transferee Not Member in Absence of Unanimous Consent. (a) Notwithstanding anything contained herein to the contrary (including, without limitation, Section 10.02 hereof), if all of the remaining Members do not approve by unanimous written consent of the proposed sale or gift of the Transferring Member’s 's Membership Interest or Economic Interest to a transferee or donee which is not a Member immediately prior to the sale or gift, then the proposed transferee or donee shall have no right to participate in the management of the OPERATING AGREEMENT OF BADLANDS POWER FUELS, LLC A NORTH DAKOTA LIMITED LIABILITY COMPANY business and affairs of the Company or to become a Member. The transferee or donee shall be merely an a Economic Interest Owner. No transfer of a Member’s 's interest in the Company (including any transfer of the Economic Interest or any other transfer which has not been approved by unanimous written consent of the Members) shall be effective unless and until written notice (including the name and address of the proposed transferee or donee and the date of such transfer) has been provided to the Company and the non-transferring Member(s).

Appears in 1 contract

Samples: Operating Agreement (Nelnet Inc)

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Transferee Not Member in Absence of Unanimous Consent. (a) Notwithstanding anything contained herein to the contrary (including, without limitation, Section 10.02 10.2 hereof), if all of the remaining Members do not approve by unanimous written consent of the proposed sale sale, gift, or gift other transfer of the Transferring Member’s Membership Interest or Economic Interest interest to a transferee or donee which is not a Member immediately prior to the sale sale, gift, transfer by operation of law, or giftother transfer, then the proposed transferee or donee shall have no right to participate in the management of the OPERATING AGREEMENT OF BADLANDS POWER FUELS, LLC A NORTH DAKOTA LIMITED LIABILITY COMPANY business and affairs of the Company or to become a Member. The transferee or donee shall be merely an Economic Interest Owner. No transfer of a Member’s interest in the Company (including any transfer of the Economic Interest or any other transfer which has not been approved by unanimous written consent of the Members) shall be effective unless and until written notice (including the name and address of the proposed proposed, transferee or donee and the date of such transfer) has been provided to the Company and the non-transferring Member(s).such

Appears in 1 contract

Samples: Operating Agreement (Thompson Creek Metals Co USA)

Transferee Not Member in Absence of Unanimous Consent. (a) Notwithstanding anything contained herein to the contrary (including, without limitation, Section 10.02 hereof), if all of the remaining Members do not approve by unanimous written consent the proposed sale or gift of the Transferring Member’s Membership Interest or Economic Interest to a transferee or donee which is not a Member immediately prior to the sale or gift, then the proposed transferee or donee shall have no right to participate in the management of the OPERATING AGREEMENT OF BADLANDS POWER FUELS, LLC A NORTH DAKOTA LIMITED LIABILITY COMPANY business and affairs of the Company or to become a Member. The transferee or donee shall be merely an Economic Interest Owner. No transfer of a Member’s interest in the Company (including any transfer of the Economic Interest or any other transfer which has not been approved by unanimous written consent of the Members) shall be effective unless and until written notice (including the name and address of the proposed transferee or donee and the date of such transfer) has been provided to the Company and the non-transferring Member(s).

Appears in 1 contract

Samples: Operating Agreement (Nuverra Environmental Solutions, Inc.)

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