Amendment of Limited Liability Company Agreement. (a) Except as otherwise provided in this Section 8.1, this Agreement may be amended, in whole or in part, with: (i) the approval of the Board (including the vote of a majority of the Independent Directors, if required by the 0000 Xxx) without the Members approval; and (ii) if required by the 1940 Act, the approval of the Members by such vote as is required by the 0000 Xxx.
Amendment of Limited Liability Company Agreement. (a) Except as otherwise provided in this Section 8.1, this Agreement may be amended, in whole or in part, with: (i) the approval of the Board of Managers (including the vote of a majority of the Independent Managers, if required by the 1940 Xxx) xxd (ii) if required by the 1940 Act, the approval of the Members by such vote as is required by the 1940 Xxx.
Amendment of Limited Liability Company Agreement. Amend its limited liability company agreement unless, prior to such amendment, each Rating Agency confirms that after such amendment the Rating Agency Condition will be met and each Applicable Series Enhancer consents thereto;
Amendment of Limited Liability Company Agreement. (a) Except as otherwise provided in this Section 8.1, this Agreement may be amended, in whole or in part, with the approval of (i) the Board (including the vote of a majority of the Independent Directors, if required by the 1940 Act); and (ii) if required by the 1940 Act, the approval of the Shareholders by such vote as is required by the 1940 Act. The Board shall give written notice of any proposed amendment to this Agreement (other than any amendment that is ministerial in nature, is reasonably necessary to effect compliance with any applicable law or regulation or to cure any ambiguity, or is reasonably necessary to correct or supplement any provision hereof which may be inconsistent with any other provision hereof) to each Shareholder, which notice shall set forth (i) the text of the proposed amendment or (ii) a summary thereof and a statement that the text thereof will be furnished to any Shareholder upon request.
Amendment of Limited Liability Company Agreement. Upon closing of the Redemption, the National Beef Packing Company, LLC Limited Liability Company Agreement dated August 6, 2003, as subsequently amended from time to time (the “LLC Agreement”), shall be amended by deleting the Fourth Amended Exhibit 3.1 thereto in its entirety and inserting in lieu thereof the Fifth Amended Exhibit 3.1 attached hereto as Exhibit B.
Amendment of Limited Liability Company Agreement. (a) Any entity (i) into which the Transferor may be merged or consolidated, (ii) resulting from any merger or consolidation to which the Transferor shall be a party, (iii) succeeding to the business of the Transferor, or (iv) more than 50% of the voting interests of which is owned directly or indirectly by ALS, which entity in any of the foregoing cases executes an agreement of assumption to perform every obligation of the Transferor under this Agreement, shall be the successor to the Transferor under this Agreement without the execution or filing of any document or any further act on the part of any of the parties to this Agreement; provided that the Transferor shall provide 10 days' prior notice of any merger, consolidation or succession pursuant to this Section 7.03 to the Rating Agencies and obtain the prior written consent of the Control Party.
Amendment of Limited Liability Company Agreement. 62 Section 11.2 Amendment Requirements 64 Section 11.3 Unitholder Meetings 64 Section 11.4 Notice of Meetings of Members 65 Section 11.5 Record Date 65 Section 11.6 Adjournment 66
Amendment of Limited Liability Company Agreement. Pursuant to Section 17(6) of the Xxxxxxxx Islands Act, an agreement of merger or consolidation approved in accordance with Section 17(6) of the Xxxxxxxx Islands Act may (a) effect any amendment to this Agreement or
Amendment of Limited Liability Company Agreement. (a) Any corporation or other entity (i) into which the Depositor may be merged or consolidated, (ii) resulting from any merger or consolidation to which the Depositor shall be a party, (iii) succeeding to the business of the Depositor, (iv) more than 15% of the voting stock (or, if not a corporation, other voting interests) of which is owned directly or indirectly by General Motors and Cerberus Capital Management, L.P., in the aggregate, or (v) more than 50% of the voting stock (or, if not a corporation, other voting interests) of which is owned directly or indirectly by General Motors or Ally Financial, which company in any of the foregoing cases executes an agreement of assumption to perform every obligation of the Depositor under this Agreement and the other Basic Documents to which it is a party, shall be the successor to the Depositor under this Agreement without the execution or filing of any document or any further act on the part of any of the parties to this Agreement. The Depositor shall provide ten (10) days prior notice of any merger, consolidation or succession pursuant to this Section 3.03 to the Rating Agencies.
Amendment of Limited Liability Company Agreement. (a) Except as otherwise provided in this Section 8.1, this Agreement shall be amended, in whole or in part, with the approval of a majority of the Board of Managers (including the vote of a majority of the Independent Managers, if required by the Investment Company Act), and, if required by the Investment Company Act, the approval of the Shareholders by such vote as is required by the Investment Company Act; provided that (i) no amendment shall adversely and disproportionately affect the rights or obligations of a Shareholder, including the rights or obligations of a Shareholder as compared to any other Shareholder of the same Class, in any material respect without the approval of affected Shareholders holding at least a majority of the total number of votes eligible to be cast by all affected Shareholders; (ii) no amendment shall adversely and disproportionately affect the rights or obligations of Shareholders of any particular Class as compared to the Shareholders of other Classes in any material respect without the approval of Shareholders of the affected Class holding at least a majority of the total number of votes eligible to be cast by all Shareholders of the affected Class; and (iii) no amendment shall, without the approval of Shareholders having Shares representing the required percentages of Shares specified in any provision of this Agreement required for any action or approval of Shareholders, amend such provision.
