A New Series. In accordance with Section 25(a) of the LLC Agreement, the Sole Member hereby establishes and forms the New Series effective upon the filing of the Certificate of Registered Series of the New Series in accordance with Section 3 of the LLC Agreement and the execution of this Series Agreement. The New Series shall be a “Series” for purposes of the LLC Agreement, with terms as are set forth herein and in the LLC Agreement. For all purposes of the Act, this Series Agreement together with each other Series Agreement of another Series and the LLC Agreement constitute the “limited liability company agreement” of the Company within the meaning of the Act. This Series Agreement is incorporated by reference into the LLC Agreement. Except as expressly provided otherwise in the LLC Agreement, (i) this Series Agreement may have the effect of altering, supplementing or amending the LLC Agreement, and (ii) to the extent that any of the terms or provisions of this Series Agreement conflict with any of the terms or provisions of the LLC Agreement, the terms or provisions of this Series Agreement shall control with respect to the New Series.
Appears in 5 contracts
Sources: Limited Liability Company Agreement (Apollo Infrastructure Co LLC), Series Agreement (PIMCO Asset-Based Lending Co LLC), Series Agreement (PIMCO Asset-Based Lending Co LLC)
A New Series. In accordance with Section 25(a) 1 of the LLC Agreement, the Sole Member hereby establishes and forms the New Series is hereby established and formed effective upon the filing of the Certificate of Registered Series of the New Series in accordance with Section 3 3.4 of the LLC Agreement and the execution of this Series Agreement. The New Series shall be a “Series” for purposes of the LLC Agreement, with terms as are set forth herein and in the LLC Agreement. For all purposes of the Act, this Series Agreement together with each other Series Agreement of another Series and the LLC Agreement constitute the “limited liability company agreement” of the Company within the meaning of the Act. This Series Agreement is incorporated by reference into the LLC Agreement. Except as expressly provided otherwise in the LLC Agreement, (i) this This Series Agreement may have the effect of altering, supplementing or amending the LLC Agreement, and (ii) to the extent that any of the terms or provisions of this Series Agreement conflict with any of the terms or provisions of the LLC Agreement, the terms or provisions of this Series Agreement shall control with respect to the New Series and the Members associated with the New Series. The New Series shall be a registered series of limited liability company interests in the Company under Section 18-218 of the Act.
Appears in 4 contracts
Sources: Limited Liability Company Agreement (ISQ Open Infrastructure Co LLC), Limited Liability Company Agreement (ISQ Open Infrastructure Co LLC), Limited Liability Company Agreement (ISQ Open Infrastructure Co LLC)
A New Series. In accordance with Section 25(a) 1.3 of the LLC Agreement, the Sole Member hereby establishes and forms the New Series effective hereby continues upon the filing of the Certificate of Registered Series of the New Series in accordance with Section 3 execution of the LLC Agreement and the execution of this Series Agreement. The New Series shall be a “Series” for purposes of the LLC Agreement, with terms as are set forth herein and in the LLC Agreement. For all purposes of the Act, this Series Agreement together with each other Series Agreement of another Series and the LLC Agreement constitute the “limited liability company agreement” of the Company within the meaning of the Act. This Series Agreement is incorporated by reference into the LLC Agreement. Except as expressly provided otherwise in the LLC Agreement, (i) this This Series Agreement may have the effect of altering, supplementing or amending the LLC Agreement, and (ii) to the extent that any of the terms or provisions of this Series Agreement conflict with any of the terms or provisions of the LLC Agreement, the terms or provisions of this Series Agreement shall control with respect to the New Series and the Members associated with the New Series. The New Series shall be a registered series of limited liability company interests in the Company under Section 18-218 of the Act.
Appears in 1 contract
Sources: Limited Liability Company Agreement (ISQ Open Infrastructure Co LLC)