Examples of Second Amended and Restated LLC Agreement in a sentence
Xxxxx Title: President of Manager The undersigned hereby agree to be bound by all of the terms and provisions of the Second Amended and Restated LLC Agreement of APW OpCo LLC as of the date first set forth above.
The Company allocates revenues, costs, and expenses in accordance with the terms of the Second Amended and Restated LLC Agreement, which became effective on September 3, 2013, or the LLC Agreement, to each of the three members based on each member’s ownership interest.
The Second Amended and Restated LLC Agreement as amended by this Amendment shall remain in full force and effect.
If the IPO Closing Date does not occur for any reason, then (a) this Agreement shall be null and void, and (b) Executive shall continue to own the Incentive Units subject to the Third Amended and Restated Aggregator LLC Agreement, the Second Amended and Restated LLC Agreement and the Incentive Unit Agreement.
This Agreement amends and restates the Second Amended and Restated LLC Agreement, as amended, in its entirety.
In the event of a conflict between this Amendment and the Second Amended and Restated LLC Agreement, this Amendment shall govern.
For the avoidance of doubt, the Second Amended and Restated LLC Agreement is superseded by this Agreement as of the Effective Time and shall be of no further force and effect thereafter.
No holder of Class B Common Stock may Transfer shares of Class B Common Stock to any Person unless such holder transfers a corresponding number of LLC Units to the same Person in accordance with the provisions of the Second Amended and Restated LLC Agreement of PHD Group Holdings LLC, as such agreement may be amended from time to time in accordance with the terms thereof.
Notwithstanding anything to the contrary in this Section 5.4, in the event the Notes Offering is consummated, the Company shall make a one-time distribution to RTEA with respect to the amount of any distributions previously declared (but unpaid) pursuant to the Second Amended and Restated LLC Agreement in respect of the Common Membership Units held by RTEA.
Capitalized terms that are used but not otherwise defined in this Amendment are used as defined in the Second Amended and Restated LLC Agreement.