Examples of Operating Company Limited Liability Company Agreement in a sentence
In the event that the Operating Company is dissolved pursuant to the Operating Company Limited Liability Company Agreement, any Exchange Right pursuant to Section 2.1 of this Agreement shall terminate upon final distribution of the assets of the Operating Company pursuant to the terms and conditions of the Operating Company Limited Liability Company Agreement.
SP Holdings Member hereby agrees to amend and restate the Original Operating Company Limited Liability Company Agreement, to admit FS Holdings Member, MD Solar Holdings and the Partnership as additional members and recapitalize the outstanding membership interests of Operating Company (the “SP Recapitalization”).
The Operating Company and the Partnership have all requisite limited liability company and partnership power and authority, respectively, to issue, sell and deliver the Notes and the Guarantee, respectively, in accordance with and upon the terms and conditions set forth in this Agreement, the Operating Company Limited Liability Company Agreement, the Partnership Agreement, the Registration Statement and the Time of Sale Prospectus.
At the Closing, First Solar shall cause FS Holdings Member, and SunPower shall cause SP Holdings Member, respectively, to execute and deliver, to cause Holdings to execute and deliver, and, indirectly through Holdings and the YieldCo General Partner, to cause the Partnership to execute and deliver, the Operating Company Limited Liability Company Agreement.
At the Closing, First Solar shall cause FS Holdings Member, and SunPower shall cause SP Holdings Member, respectively, to execute and deliver, and to cause Holdings to cause the YieldCo General Partner to execute and deliver, the Partnership Agreement; and (h) Operating Company Limited Liability Company Agreement.
Holdings shall have delivered to the Parties executed counterparts to (i) the YieldCo General Partner Limited Liability Company Agreement, (ii) the YieldCo General Partner Closing Member Consent, (iii) the Operating Company Limited Liability Company Agreement, (iv) the Omnibus Agreement and (v) the Management Services Agreements.
The Partnership shall have delivered to the Parties executed counterparts to (i) the Operating Company Limited Liability Company Agreement, (ii) the Management Services Agreements, (iii) the Exchange Agreement, (iv) the Registration Rights Agreement, (v) the Purchase Agreement and (vi) the Omnibus Agreement.