Common use of Reorganization and Related Transactions Clause in Contracts

Reorganization and Related Transactions. Notwithstanding any provision of this Agreement to the contrary, including, without limitation, Sections 3.1, 5.5, 7.1 and 7.2, and except as provided in the next sentence of this Section 11.13, the Company, the Members (as defined in the Limited Liability Company Agreement, as amended) and the Class B Beneficial Owners may adopt, enter into, and execute, deliver, acknowledge and perform, (i) the Contribution and Exchange Agreement dated as of March 19, 1999 among the Company, the Members and the Class B Beneficial Owners (the "Exchange Agreement"), (ii) the Preferred Units Exchange Agreement dated as of March 19, 1999 among the Company, Trex Company, Inc. and Mobil Oil Corporation, (iii) the Agreement to Terminate Employment Agreement dated as of March 19, 1999 between the Company and ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, (iv) the Agreement to Terminate Employment Agreement dated as of March 19, 1999 between the Company and ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, (v) the Agreement to Terminate Employment Agreement dated as of March 19, 1999 between the Company and ▇▇▇▇▇▇ ▇. Ferrari, (vi) the Agreement to Terminate Employment Agreement dated as of March 19, 1999 between the Company and ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇, (vii) any amendments to the agreements referred to in clauses (i) through (vi) above and (viii) any and all agreements, instruments or other documents necessary or desirable to effectuate the transactions contemplated by the agreements referred to in clauses (i) through (vi) above, as such agreements may be further amended, all without any further act, vote or approval of the Members or any other person and without complying with the terms of this Agreement. Except as expressly provided otherwise in the Exchange Agreement, the Company shall comply with the terms of Section 8 in connection with the Company's repurchase of Bundled Securities pursuant to the Exchange Agreement.

Appears in 2 contracts

Sources: Members' Agreement (Trex Co Inc), Members' Agreement (Trex Co Inc)