Xxxxxx LLC Agreement. Upon the transfer of its ownership interest in the LLC Equity Interests to the Merging Entity, the Splitter Partnership 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: Limited Liability Company Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Limited Liability Company Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Limited Liability Company Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)
Xxxxxx LLC Agreement. Upon the transfer of its ownership interest in the LLC Equity Interests to the Merging Entity, the Splitter Partnership 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 OP Units to be received by Fund III in connection with the Owner Contribution 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 2 contracts
Samples: Contribution Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Contribution Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)
