Prior Operating Agreement definition

Prior Operating Agreement has the meaning set forth in the recitals to this Agreement. “Pro rata,” “pro rata portion,” “according to their interests,” “ratably,” “proportionately,” “proportional,” “in proportion to,” “based on the number of Units held,” “based upon the percentage of Units held,” “based upon the number of Units outstanding,” and other terms with similar meanings, when used in the context of a number of Units of the Company relative to other Units, means as amongst an individual class of Units, pro rata based upon the number of such Units within such class of Units.

Prior Operating Agreement has the meaning set forth in the recitals to this Agreement.

Prior Operating Agreement means the original operating agreement of Orchid LLC dated November 9, 2017.

Examples of Prior Operating Agreement in a sentence

• On the Effective Dateeffective date of the Prior Operating Agreement, the Member shall contributecontributed the assets set forth in Exhibit A hereto as its Initial Capital Contribution.

• For the avoidance of doubt, the Prior Operating Agreement is superseded by this Agreement as of the Effective Time and shall be of no further force and effect thereafter.

• The Prior Operating Agreement shall govern the rights and obligations of the Company and the other parties to this Agreement in their capacity as Unitholders prior to the Effective Time.

• This Agreement supersedes and replaces in entirety the Prior Operating Agreement.

• This Agreement, those documents expressly referred to herein (including the Support Agreement), any indemnity agreements entered into in connection with the Prior Operating Agreement with the Manager at that time and other documents of even date herewith embody the complete agreement and understanding among the parties and supersede and preempt any prior understandings, agreements or representations by or among the parties, written or oral, which may have related to the subject matter hereof in any way.

More Definitions of Prior Operating Agreement

Prior Operating Agreement has the meaning set forth in the recitals to this Agreement. “Pro rata,” “pro rata portion,” “according to their interests,” “ratably,” “proportionately,”

Prior Operating Agreement is defined in the Preamble.

Prior Operating Agreement shall have the meaning set forth in the recitals of this Agreement. “Property” means all real and personal property acquired by the Company whether tangible or intangible.

Prior Operating Agreement shall have the meaning set forth in the Recitals.

Prior Operating Agreement means that certain Amended and Restated Operating Agreement of Texaco Ovonic Battery Systems LLC (f/k/a GM Ovonic L.L.C.) dated as of July 17, 2001 by and between CTTV and OBC, as originally executed.

Prior Operating Agreement has the meaning set forth in the introductory paragraph

Prior Operating Agreement has the meaning set forth in the recitals to this Agreement. “Proportionate Voting Shares” has the meaning set forth in the recitals to this Agreement. “Pro rata,” “pro rata portion,” “according to their interests,” “ratably,” “proportionately,”