Existing LLC Agreement definition

Existing LLC Agreement is defined in the recitals to this Agreement.

Existing LLC Agreement has the meaning set forth in the Recitals.

Existing LLC Agreement has the meaning set forth in the preamble to this Agreement.

Examples of Existing LLC Agreement in a sentence

• The Owner shall not take or fail to take, or agree or commit to take or fail to take, any action that would reasonably be expected to, individually or in the aggregate, prevent, materially delay or materially impede the approval and adoption by Upstream Merger Sub of an amended and restated limited liability company agreement of Xxxxxx LLC substantially in the form set forth on Exhibit B of this Agreement to replace the Existing LLC Agreement.

• Upon adoption of the New LLC Agreement, each of the Parties hereto irrevocably and unconditionally waives any rights or claims it had pursuant to the Existing LLC Agreement.

• In connection with the transactions contemplated by the Contribution Agreement, each of the MCK Members and Echo has made cash contributions in connection with entering into the Existing LLC Agreement and made the MCK Contributions and the Echo Contributions (each as defined in the Contribution Agreement), respectively, at the Closing (each of which shall constitute an “Initial Capital Contribution”) pursuant to the Contribution Agreement.

• The Company was previously formed as a limited liability company by the filing of the Certificate of Formation with the Secretary of State of the State of Delaware pursuant to the provisions of the Delaware Act and the execution of the Original LLC Agreement, as amended and restated in its entirety by the Existing LLC Agreement.

• This Agreement amends, restates and supersedes the Existing LLC Agreement in its entirety.

More Definitions of Existing LLC Agreement

Existing LLC Agreement means Xxxxxx LLC’s Third Amended and Restated Operating Agreement, dated as of April 26, 2010, as amended.

Existing LLC Agreement means the Ninth Amended and Restated Limited Liability Company Agreement of the Company, dated as of February 10, 2022, entered into by and among PubCo, certain wholly owned Subsidiaries of PubCo and the other parties thereto.

Existing LLC Agreement means the Limited Liability Company Agreement of the Company dated as of August 19, 2021.

Existing LLC Agreement means the Limited Liability Company Agreement of the LLC dated as of August __, 1997, which is the Limited Liability Company Agreement of the LLC on the date of this Agreement and immediately prior to its amendment and restatement into the Restated LLC Agreement.

Existing LLC Agreement means the Limited Liability Company Agreement, dated as of May 23, 2018.

Existing LLC Agreement means the Third Amended and Restated Limited Liability Company Agreement of The Habit Restaurants, LLC, dated July 10, 2007, as amended on May 30, 2008 and October 30, 2009.

Existing LLC Agreement shall have the meaning set forth in the recitals hereto.