Examples of Current LLC Agreement in a sentence
All capitalized terms used herein but not defined shall have the same meaning as in the Current LLC Agreement.
The Members hereby approve each of the contracts or agreements between or among the Manager, the Company and their respective Affiliates entered into on or prior to the date of this Agreement in accordance with the Current LLC Agreement or that the prior board of managers of the Company has approved in connection with the IPO as of the date of this Agreement, including the Reorganization Agreement and the Stock Subscription Agreement.
Xxxxx Xxxxxxxxx, as the sole Manager of the Company, and Members of the Company holding over 50% of the membership interests in the Company, as identified on the signature pages to this Agreement, deem it advisable and in the best interest of the Company that the Current LLC Agreement be amended and restated in its entirety in order to consolidate and simplify the Company’s books and records and to facilitate more efficient administration and governance.
For the avoidance of doubt, the Current LLC Agreement is superseded by this Agreement as of the Effective Time and shall be of no further force and effect thereafter.
Except to the extent modified hereby, the Current LLC Agreement shall remain in full force and effect.
All of the outstanding Class A Units, Class B Units and Class C Preferred Units were, at the time of issuance, duly and validly created pursuant to the Act and were issued and paid for in full in accordance with the Current LLC Agreement.
Capitalized terms used herein and not otherwise defined are used as defined in the Current LLC Agreement.
At the Effective Time, the Current LLC Agreement shall be amended, restated and replaced in its entirety by the EMP Group L.L.C. Fifth Amended and Restated Limited Liability Company Agreement and Investors Rights Agreement attached hereto as Exhibit A (the "Amended LLC Agreement"), which shall be the limited liability company agreement of the Surviving Company.
The Initial Member hereby amends and restates the Current LLC Agreement pursuant to this Second Amended and Restated Limited Liability Company Agreement (as so amended and restated and as amended from time to time hereafter, and including the appendices, schedules and exhibits hereto, the “LLC Agreement” or this “Agreement”) and agrees to carry on a limited liability company subject to the terms of this Agreement in accordance with the Delaware Act.
Prior to such execution and delivery, Redfield shall have taken all other steps necessary in order to authorize and implement the amendment to the Current LLC Agreement (as set forth in the Amended LLC Agreement) whereby the Class G Units will be authorized for issuance to Gevo Development.