Second Amended and Restated Operating Agreement definition

Second Amended and Restated Operating Agreement has the meaning set forth in the recitals.
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Second Amended and Restated Operating Agreement means that certain Second Amended and Restated Limited Liability Company Agreement of discoverReady LLC, dated as of November 1, 2009, by and between the Minority Member and the Company which superseded in its entirety the First Amended and Restated Operating Agreement.
Sample 1
Second Amended and Restated Operating Agreement has the meaning set forth in the preamble to this Agreement.
Sample 1

Examples of Second Amended and Restated Operating Agreement in a sentence

  • In the event such pledgee or secured party becomes the Unit Holder hereunder pursuant to the exercise of such party’s rights under such pledge or hypothecation agreement, such pledgee or secured party shall be bound by all terms and conditions of this Second Amended and Restated Operating Agreement and all other agreements governing the rights and obligations of Unit Holders.

  • During the Employment Period, (a) Employee shall be entitled to indemnification in accordance with Section 7.9 of the Second Amended and Restated Operating Agreement of Xxxxx Gas Storage Partners LLC dated as of April 2, 2013, as in effect on the Effective Date; and (b) the Company shall cause Employee to be the beneficiary of a directors’ and officers’ or similar insurance policy, which policy shall apply to Employee on the same terms as other, similarly situated directors or officers.

  • All Documents and information relating to operational visibility, oversight, and/or controls granted to Lender as a result of the Transaction, including the appointment of a member to Debtors’ Board of Managers and the amended terms of the Second Amended and Restated Operating Agreement.

  • Capitalized terms used in this Amendment without separate definition shall have the respective meanings assigned to such terms in the Second Amended and Restated Operating Agreement.

  • The parties hereto agree that, except as expressly set forth herein, all terms of the Second Amended and Restated Operating Agreement shall remain in full force and effect.

  • From and after the execution of a counterpart hereof by the parties hereto, any reference to the Second Amended and Restated Operating Agreement shall be deemed to be a reference to the Second Amended and Restated Operating Agreement as amended hereby.

  • The Parent Managing Member shall have executed and delivered the Second Amended and Restated Operating Agreement of Parent, in the form attached hereto as Exhibit G (the “ Amended and Restated Parent Operating Agreement ”), such Amended and Restated Parent Operating Agreement to be effective as of the Effective Time.

  • The CFO may assess QPDs subject to the segregation of contingent liability provided in s.

  • This Agreement represents the entire agreement between the Member and the Company and supersedes any prior written or oral agreement respecting the Company, including the Second Amended and Restated Operating Agreement.

  • In the event of any inconsistency or conflict between the Second Amended and Restated Operating Agreement and this Amendment, the terms, conditions and provisions of this Amendment shall govern and control.

Related to Second Amended and Restated Operating Agreement

  • Second Amended and Restated Credit Agreement shall have the meaning assigned to such term in the recitals of this Agreement.

  • Amendment and Restatement Agreement means the Amendment and Restatement Agreement, dated as of January 29, 2016, among the Borrowers, the Lenders party thereto and the Administrative Agent.

  • Amended and Restated Credit Agreement has the meaning specified in the recitals to this Agreement.

  • New Management Agreement means the management agreement to be entered into between Buyer and the Manager for the operation and management of the Hotel on and after the Closing Date.

  • Amendment Agreement shall have the meaning assigned to such term in the recitals hereto.

  • Co-operation Agreement means the agreement between the Exchange and Oslo Børs with regards to the access to the Linked Order Book;

  • Amended and Restated Bylaws means the Amended and Restated Bylaws of the Fund in effect at the time the Registration Statement relating to the Preferred Shares is declared effective by the Securities and Exchange Commission, specifying the powers, preferences and rights of the Preferred Shares.

  • Waiver Agreement means an agreement between

  • Hotel Management Agreement means any management agreements between a Hotel Management Company and Lessee and/or Landlord, as applicable, as such management agreements are amended from time to time for the Hotel.

  • Asset Management Agreement means, as the context requires, any agreement entered into between a Series and an Asset Manager pursuant to which such Asset Manager is appointed as manager of the relevant Series Assets, as amended from time to time.

  • Restatement Agreement means the Restatement Agreement to the Existing Credit Agreement, dated as of July 17, 2015, by and among the Borrower, the other Loan Parties, the Administrative Agent, the Lenders party thereto and the other parties thereto.

  • Operating Agreement means this Operating Agreement as originally executed and as amended from time to time.

  • Second Amendment means that certain Second Amendment to Amended and Restated Credit Agreement dated as of the Second Amendment Effective Date, among the Borrower, the Guarantors party thereto, the Administrative Agent and the Lenders party thereto.

  • Second Amendment Date the date of effectiveness of the Second Amendment, dated July 15, 2016, by and among the Borrower, the other Loan Parties thereto, Holdings, the Lenders party thereto and the Administrative Agent.

  • Foundation Agreement means the agreement dated the 20th February 1985 made between the Trustee, the Manager, Xxxxxxxx, Genting WA and Tileska providing for the subscription of Units and Options;

  • Existing Management Agreement means that certain management agreement between the Seller and the Existing Manager for the operation and management of the Hotel.

  • Network Operating Agreement means an executed agreement that contains the terms and conditions under which the Network Customer shall operate its facilities and the technical and operational matters associated with the implementation of Network Integration Transmission Service under Tariff, Part III. Network Operating Committee:

  • Fifth Amendment means that certain Fifth Amendment to Credit Agreement, dated as of December 14, 2017, among Holdings, the Borrower, the Administrative Agent and the Lenders, Letter of Credit Issuers and other Credit Parties party thereto.

  • Investment Management Agreement means the Investment Management Agreement, dated as of the date hereof, by and between the Investment Manager and the Borrower.

  • Strategic Alliance Agreement means the Strategic Alliance Agreement among the Company, Ciba-Geigy Limited and Ciba-Geigy Corporation, dated as of September 29, 1995, as amended, and any of their respective permitted successors or assigns thereunder. 160 Annex A NOTICE OF GRANT PERFORMANCE ACCELERATED RESTRICTED STOCK UNITS HEXCEL CORPORATION INCENTIVE STOCK PLAN The following employee of Hexcel Corporation, a Delaware corporation (Hexcel) or a Subsidiary, has been granted performance accelerated restricted stock units in accordance with the terms of this Notice of Grant and the Agreement to which this Notice of Grant is attached. The terms below shall have the meanings ascribed to them below when used in the Agreement. ---------------------------------------------------- -------------------------- Grantee ---------------------------------------------------- -------------------------- ---------------------------------------------------- -------------------------- Address of Grantee ---------------------------------------------------- -------------------------- ---------------------------------------------------- -------------------------- Employee Number ---------------------------------------------------- -------------------------- ---------------------------------------------------- -------------------------- Employee ID Number ---------------------------------------------------- -------------------------- ---------------------------------------------------- -------------------------- Foreign Sub Plan, if applicable ---------------------------------------------------- -------------------------- ---------------------------------------------------- -------------------------- Grant Date December 2, 1999 ---------------------------------------------------- -------------------------- ---------------------------------------------------- -------------------------- Aggregate Number of PARS Granted ---------------------------------------------------- --------------------------

  • Parent Agreement has the meaning given to it in Clause 12;

  • Property Management Agreement means any Property Management Agreement between the Company and the Property Manager.

  • Finance agreement means a loan, lease, or installment sale agreement for a motor vehicle. The term includes, but is not limited to, an installment sale contract, a retail installment contract, or a retail charge agreement.

  • Eighth Amendment means that certain Eighth Amendment to Second Amended and Restated Credit Agreement and First Amendment to Second Amended and Restated Guaranty and Collateral Agreement, dated as of the Eighth Amendment Effective Date, among the Borrower, the Guarantors, the Administrative Agent and the Lenders party thereto.

  • Alliance Agreement has the meaning given to such term in paragraph 11.2 of Schedule 13 (Information and Industry Initiatives);