Common use of The Exchange Transaction Clause in Contracts

The Exchange Transaction. Upon execution of this Agreement, pursuant to a recapitalization of the Company as set forth in the amended and restated LLC Agreement, Executive shall exchange all of his Existing Interest for, and the Company shall issue to Executive, 6,664 Common Units (of which 4,377 shall not, and 2,287 shall, be subject to performance vesting under the terms of the Performance Vesting Agreement), each having the rights and preferences set forth with respect thereto in the LLC Agreement.

The Exchange Transaction. Upon execution of this Agreement, pursuant to a recapitalization of the Company as set forth in the amended and restated LLC Agreement, Executive shall exchange all of his Existing Interest for, and the Company shall issue to Executive, 6,664 5,899 Common Units (of which 4,377 3,874 shall not, and 2,287 2,025 shall, be subject to performance vesting under the terms of the Performance Vesting Agreement), each having the rights and preferences set forth with respect thereto in the LLC Agreement.