Xxxxxx LLC Agreement. Effective upon the Closing, the Merging Entity hereby irrevocably and unconditionally (i) consents to the termination of the Existing LLC Agreement, (ii) waives all rights under the Existing LLC Agreement other than its right to have the Merger Consideration issued and delivered to the Owner and (iii) consents to the approval and adoption by Upstream Merger Sub of an amended and restated limited liability company agreement of Xxxxxx LLC substantially in the form set forth on Exhibit B of this Agreement to replace the Existing LLC Agreement.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Merger Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Merger Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)
Xxxxxx LLC Agreement. Effective upon the Closing, the each Merging Entity hereby irrevocably and unconditionally (i) consents to the termination of the Existing LLC Agreement, (ii) waives all rights under the Existing LLC Agreement other than its right to have the Merger Consideration issued and delivered to the Owner and (iii) consents to the approval and adoption by Upstream Merger Sub of an amended and restated limited liability company agreement of Xxxxxx LLC substantially in the form set forth on Exhibit B C of this Agreement to replace the Existing LLC Agreement.
Appears in 2 contracts
Samples: Merger Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Merger Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)
