0001047469-06-003606 Sample Contracts

LIMITED LIABILITY COMPANY AGREEMENT OF NBTY FLIGHT SERVICES, LLC A DELAWARE LIMITED LIABILITY COMPANY
Limited Liability Company Agreement • March 17th, 2006 • Nutrition Headquarters (De), Inc. • Pharmaceutical preparations • Delaware

NBTY, Inc., a Delaware corporation (the “Sole Member”), desires to form a limited liability company pursuant to the Delaware Limited Liability Company Act, 6 Del. C. § 18-101, et seq. (the “Delaware Act”) and, to that end, has filed a Certificate of Formation for NBTY Flight Services, LLC, a Delaware limited liability company (the “Company”), with the Delaware Secretary of State. The Sole Member hereby adopts the following to be the Limited Liability Company Agreement (this “Agreement”) of the Company:

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LIMITED LIABILITY COMPANY OPERATING AGREEMENT OF BIOSMART DIRECT SALES, LLC
Limited Liability Company Operating Agreement • March 17th, 2006 • Nutrition Headquarters (De), Inc. • Pharmaceutical preparations • Colorado

This LIMITED LIABILITY COMPANY OPERATING AGREEMENT OF BIOSMART DIRECT SALES, LLC, dated as of January 3, 2000 (this “Agreement”), is executed by WPcom Colorado, Inc. (formerly Amrion, Inc.), a Colorado corporation, as the sole member (the “Sole Member”) of BioSmart Direct Sales, LLC, a Colorado limited liability company (the “Company”). Terms capitalized in this Agreement have the meaning given them in Section 10 hereof.

LIMITED LIABILITY COMPANY AGREEMENT OF EASYTRIM, LLC A NEW YORK LIMITED LIABILITY COMPANY
Limited Liability Company Agreement • March 17th, 2006 • Nutrition Headquarters (De), Inc. • Pharmaceutical preparations • New York

NBTY, Inc., a Delaware corporation (the “Sole Member”), desires to form a limited liability company pursuant to the New York Limited Liability Company Law (the “New York Act”) and, to that end, has filed Articles of Organization for EasyTrim, LLC, a New York limited liability company (the “Company”), with the Secretary of State of the State of New York (the “New York Secretary of State”). The Sole Member hereby adopts the following to be the Limited Liability Company Agreement (this “Agreement”) of the Company:

LIMITED LIABILITY COMPANY AGREEMENT OF NBTY MANUFACTURING, LLC A DELAWARE LIMITED LIABILITY COMPANY
Limited Liability Company Agreement • March 17th, 2006 • Nutrition Headquarters (De), Inc. • Pharmaceutical preparations • Delaware

NBTY CAM Company, a Delaware corporation (the “Managing Member”), and NBTY CAH Company, a Delaware corporation (the “Non-Managing Member”) hereby adopt the following to be the Limited Liability Company Agreement (this “Agreement”) of NBTY Manufacturing, LLC (the “Company”):

OPERATING AGREEMENT OF NBTY AVIATION, LLC
Operating Agreement of Nbty • March 17th, 2006 • Nutrition Headquarters (De), Inc. • Pharmaceutical preparations • Delaware

WHEREAS, NBTY Aviation, LLC (the “Company”) was formed as a limited liability company by the filing of a certificate of formation with the Secretary of State of Delaware on December 1, 2003, in accordance with the provisions of the Delaware Limited Liability Company Act; and

LIMITED LIABILITY COMPANY OPERATING AGREEMENT OF PHYSIOLOGICS, LLC
Limited Liability Company • March 17th, 2006 • Nutrition Headquarters (De), Inc. • Pharmaceutical preparations • Colorado

This LIMITED LIABILITY COMPANY OPERATING AGREEMENT OF PHYSIOLOGICS, LLC, dated as of January 3, 2000 (this “Agreement”), is executed by WPcom Colorado, Inc. (formerly Amrion, Inc.), a Colorado corporation, as the sole member (the “Sole Member”) of Physiologies, LLC, a Colorado limited liability company (the “Company”). Terms capitalized in this Agreement have the meaning given them in Section 10 hereof.

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