Third Amended and Restated Operating Agreement definition

Third Amended and Restated Operating Agreement has the meaning set forth in the Recitals.
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Third Amended and Restated Operating Agreement means that certain Third Amended and Restated Limited Liability Company Operating Agreement of the Company dated as of March 26, 2013.
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Third Amended and Restated Operating Agreement or “Agreement” shall mean this Third Amended and Restated Operating Agreement as originally executed and as amended from time to time.
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Examples of Third Amended and Restated Operating Agreement in a sentence

  • Prior to the issuance of any Optioned Interests to the Optionee, Optionee shall be required to become a party to and agree to be bound by the Company’s Third Amended and Restated Operating Agreement dated April 17, 2014 (the “Operating Agreement”), by executing a Joinder Agreement, a form of which is attached to the Option Agreement.

  • Borrower shall have furnished Lender copies, certified to Lender by a manager of Borrower to be true and correct as of the date hereof, of the Articles of Organization and the Third Amended and Restated Operating Agreement of Borrower, plus any amendments thereto, of Borrower and a Borrowing Resolution authorizing the execution and delivery of the Loan Documents.

  • Such structural changes can be induced by various chemical treatments or by mechanical means such as exerting stress, bending strain or through application of pressure on the tube, which can be seen as probes.

  • Under the Company’s Third Amended and Restated Operating Agreement, the Company is required to issue an identical amount of common units to Evolent Health, Inc.

  • Therefore, the NINA ownership does not raise FOCD concerns.• Governance: Pursuant to the May 8, 2009 Third Amended and Restated Operating Agreement of Nuclear Innovation North America LLC (“NINA LLC Agreement”) (Exh.

  • The Third Amended and Restated Operating Agreement of the Company in the form attached hereto as Exhibit B (the “Revised Operating Agreement”), shall have been duly executed by the Company and the Sellers, and the Company and the Sellers shall not be in breach of any of the covenants or provisions set forth in the Revised Operating Agreement.

  • On and after the Effective Date, Pearl City’s representatives on the Xxxxxx Board of Governors shall remain in place, such that the Board shall be composed of four Pearl City Governors and three General Governors until such time as a different composition is provided for under Xxxxxx’ Third Amended and Restated Operating Agreement based on the acquisition of additional units.

  • In order to satisfy the indemnification obligations of a party pursuant to this Article XII and Section 8.2, an Indemnified Party shall have the right to off-set or set-off any payment due pursuant to this Article XII and Section 8.2 that is finally determined and not subject to appeal against any other payment to be made pursuant to this Agreement, any Transaction Documents or otherwise and any payments or distributions under the Third Amended and Restated Operating Agreement.

  • Each restricted unit granted hereunder (a “Restricted Unit”) represents one Unit of the Company as defined in the Company’s Third Amended and Restated Operating Agreement, as it may be amended from time to time (the “LLC Agreement”), and is subject to the terms of the LLC Agreement as well as the restrictions specified in this Agreement.

  • Immediately as of Closing, the Company and the Sellers hereby irrevocably agree that that certain Third Amended and Restated Operating Agreement dated as of January 1, 2015, as it may have been amended from time to time, is terminated and is null and void and of no further force or effect, and that no party thereto shall have any duty, liability or obligation thereunder.


More Definitions of Third Amended and Restated Operating Agreement

Third Amended and Restated Operating Agreement means the Third Amended and Restated Operating Agreement, dated as of January 15, 2010, and as amended on June 30, 2010.
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Related to Third 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.

  • 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.

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

  • Waiver Agreement means an agreement between

  • 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.

  • 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.

  • Co-operation Agreement means an agreement relating to compensation arrangements in the form of the relevant template Co-operation Agreement being:

  • 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.

  • Hotel Management Agreement means any management agreement or operating agreement pursuant to which a Hotel Operator manages the operations of a Hotel Asset.

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

  • Strategic Alliance Agreement has the meaning assigned to it in the Recitals of this Agreement;

  • SPS Agreement means the Agreement on the Application of Sanitary and Phytosanitary Measures which is a part of the WTO Agreement; Subheading means the first six digits in the tariff classification number under the HS; Territory means:

  • Second Amendment means that certain Second Amendment to Credit Agreement, dated as of September 13, 2016, by and among the Borrower, the Guarantors party thereto, the Banks party thereto and the Administrative Agent.

  • 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.

  • Eighth Amendment means the Eighth Amendment to Amended and Restated Revolving Credit and Security Agreement, dated as of the Eighth Amendment Effective Date, by and among Agent, Lenders and the Loan Parties.

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

  • Seventh Amendment means the Joinder and Seventh Amendment to Credit Agreement, dated as of the Seventh Amendment Effective Date, by and among the Borrower, the other Loan Parties party thereto, the Lenders party thereto, and Agent.

  • 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.

  • Voting Agreement has the meaning set forth in the Recitals.

  • the First Variation Agreement means the agreement a copy of which is set forth in the Second Schedule;

  • MCIP Agreement means the Agreement for the Development of a Joint County Industrial and Business Park (2010 Park) dated as of December 1, 2010, as amended, between the County and Xxxxxxxx County, South Carolina, as the same may be further amended or supplemented from time to time, or such other agreement as the County may enter with respect to the Project to offer the benefits of the Special Source Revenue Credits to the Company hereunder.

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

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

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