0000950133-04-001681 Sample Contracts

THIRD AMENDMENT TO THE OPERATING AGREEMENT OF RIGGS CAPITAL PARTNERS II, LLC a Delaware Limited Liability Company
Operating Agreement • April 30th, 2004 • Riggs National Corp • National commercial banks

THIS THIRD AMENDMENT is entered into as of January 1, 2004 (the “First Amendment”), by and between RIGGS NATIONAL CORPORATION (the “Managing Member” and a “Member”), RCP INVESTMENTS II, LLC (a “Member”) and RCP VENTURES MANAGEMENT INC. (“Investment Advisor”) amending the Operating Agreement of RIGGS CAPITAL PARTNERS II, LLC, a Delaware limited liability company (the “Company”), dated as of the 1st day of October, 2000, as amended by that First Amendment to the Operating Agreement of Riggs Capital Partners II, LLC dated as of January 1, 2002 (“First Amendment”), as amended by that Second Amendment to the Operating Agreement of Riggs Capital Partners II, LLC dated as of January 1, 2003 (“Second Amendment”), and as joined by RCP Ventures Management Inc. by Joinder to the Operating Agreement of Riggs Capital Partners II, LLC. The Original Agreement, the First Amendment and Joinder are collectively referred to herein as the “Operating Agreement.”

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FIFTH AMENDMENT TO THE OPERATING AGREEMENT OF RIGGS CAPITAL PARTNERS, LLC a Delaware Limited Liability Company
The Operating Agreement • April 30th, 2004 • Riggs National Corp • National commercial banks

THIS FIFTH AMENDMENT is entered into as of January 1, 2004 (the “Fifth Amendment”), by and between RIGGS NATIONAL CORPORATION (the “Managing Member” and a “Member”), RCP INVESTMENTS, L.P. (a “Member”) and RCP VENTURES MANAGEMENT INC. (“Investment Advisor”) amending the Operating Agreement of RIGGS CAPITAL PARTNERS, LLC, a Delaware limited liability company (the “Company”), dated as of the 30th day of November, 1999 (the “Original Agreement”), as amended by that First Amendment dated as of December 1, 2000 to the Original Agreement (the “First Amendment”), and amended by that Second Amendment dated as of March 31, 2001 (the “Second Amendment”), as further amended by that Third Amendment dated as of November 1, 2002, as further amended by that Fourth Amendment dated as of January 1, 2003 and as joined by RCP Ventures Management Inc. by Joinder to the Operating Agreement of Riggs Capital Partners II, LLC. The Original Agreement, the First Amendment, the Second Amendment, the Third Amendme

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