Common use of Operating Agent Clause in Contracts

Operating Agent. The term “Operating Agent” shall mean the ▇▇▇▇▇ Partner, except that if (i) the ▇▇▇▇▇ Partner shall be deemed Bankrupt, or (ii) whether or not authorized in accordance with the terms of this Agreement, the ▇▇▇▇▇ Partner shall attempt to withdraw from the Partnership for any reason or give notice of intention to withdraw from the Partnership for any reason, then, at the option of the Star Partner, the Star Partner shall (in addition to any other rights or remedies it may-have hereunder) be entitled to assume the duties and powers of the Operating Agent under this Article 16 and, from and after the fifth business day after the Star Partner shall have delivered to the ▇▇▇▇▇ Partner notice of its election to assume such duties and powers, the Star Partner shall be the Operating Agent. If the Star Partner shall become the Operating Agent, the ▇▇▇▇▇ Partner shall cooperate with the Star Partner in facilitating such transition, including by delivering to the Star Partner, at the expense of the ▇▇▇▇▇ Partner, the original books of account, records and other documentation which it shall have in its possession relating to the performance of its duties or powers as the Operating Agent under this Article 16.

Appears in 2 contracts

Sources: Partnership Agreement (LCE AcquisitionSub, Inc.), Partnership Agreement (Loews Mountainside Cinemas, Inc.)