Examples of MSD Member in a sentence
Each Member (other than the WME Member, the SL Member, the KKR Member, the MSD Member, the Xxxxxxxx Member, the January Capital Member and the Xxxx Xxxxx Member) hereby appoints the Company as such Member’s attorney-in-fact (with full power of substitution) and hereby authorizes the Company to execute and deliver in such Member’s name and on its behalf any amendment of this Agreement or other document relating hereto in furtherance of such Member’s rights and obligations pursuant to this Agreement.
Each of the WME Member, the SL Member, the KKR Member, the Xxxxxxxx Member, the January Capital Member and the MSD Member, for so long as such Member continues to own Units equal to at least the Ownership Minimum, shall be entitled to designate one (1) individual to be a Board observer (each, an “ Board Observer”); provided, that the Board Observers designated by the Xxxxxxxx Member and the January Capital Member may not be employees of the Company or any of its Subsidiaries.
Notwithstanding anything in this Agreement to the contrary, in no event shall any Member (other than the MSD Member), and each such Member shall cause its affiliated investment funds not to, acquire (whether by purchase, transfer or otherwise) any Class P Units at any time following the Restatement Date.
Alternatively the petitioner has claimed that if prayers under this clause are not entertained, relief may be considered under article 12 of the PPA concerning ‘Force Majeure’ events.
The text, which was divided into two parts, i.e., two short related pieces (one for post-editing, one for translation), is included in Appendix 1.
A partial redemption (including as a result of an RP Election) that results in the MSD Member failing to meet the Ownership Minimum shall not cause the MSD Member to lose its rights to receive board materials or to appoint a Board Observer pursuant to Section 6.05 of the LLC Agreement; provided, however, that any further Transfer of Class P Units by the MSD Member, other than in connection with an Optional Redemption or a subsequent RP Election, shall cause the MSD Member to lose such rights.
Any amendment to Section 8.01(f) or Annex B shall require the approval of the MSD Member to the extent that such amendment disproportionately adversely affects the rights of the MSD Member relative to the rights of the other Members, and any amendment to this Agreement that disproportionately adversely affects the rights of the holders of any Warrants relative to the Class A Common Members shall require the approval of the MSD Member.