Common Contracts

2 similar Limited Liability Company Agreement contracts by Shepherd's Finance, LLC

AMENDMENT NO. 3 TO THE AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF SHEPHERD’S FINANCE, LLC INCREASING THE AUTHORIZED AMOUNT OF SERIES B CUMULATIVE REDEEMABLE PREFERRED UNITS
Limited Liability Company Agreement • December 31st, 2015 • Shepherd's Finance, LLC • Short-term business credit institutions

In accordance with Section 3.05 and Article IX of the Amended and Restated Limited Liability Company Agreement, dated as of March 29, 2012, as amended (the “Operating Agreement”), of Shepherd’s Finance, LLC (the “Company”), the Operating Agreement is hereby amended by this Amendment No. 3 thereto (this “Amendment”) to increase the authorized amount of Series B Cumulative Redeemable Preferred Units (the “Preferred Units”) to a total of 30 authorized Preferred Units of membership interest in the Company, having the rights, preferences, powers, privileges, restrictions, qualifications, and limitations set forth below. Certain terms used herein are defined in Section 9 of Exhibit I hereto. Capitalized terms used and not otherwise defined herein shall have the meanings set forth in the Operating Agreement.

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AMENDMENT NO. 1 TO THE AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF SHEPHERD’S FINANCE, LLC ESTABLISHING SERIES B CUMULATIVE REDEEMABLE PREFERRED UNITS
Limited Liability Company Agreement • January 6th, 2015 • Shepherd's Finance, LLC • Short-term business credit institutions

In accordance with Section 3.05 and Article IX of the Amended and Restated Limited Liability Company Agreement, effective as of December 31st, 2014 (the “Operating Agreement”), of Shepherd’s Finance, LLC (the “Company”), the Operating Agreement is hereby amended by this Amendment No. 1 thereto (this “Amendment”) to establish a series of up to 10 preferred units of membership interest in the Company which shall be designated the “Series B Cumulative Redeemable Preferred Units” (the “Preferred Units”), having the rights, preferences, powers, privileges and restrictions, qualifications and limitations set forth below and which shall be issued to Investor’s Mark Acquisitions, LLC (“IMA” or the “Purchaser”). Certain terms used herein are defined in Section 9 of Exhibit I hereto. Capitalized terms used and not otherwise defined herein shall have the meanings set forth in the Operating Agreement.

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