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Operating Agreements

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Preview Full Doc	2002	Operating Agreement Operating Agreement (78K) Doc #317635: Click preview link for longer preview. BERKADIA EQUITY HOLDINGS LLC, a Delaware Limited Liability Company OPERATING AGREEMENT July 31, 2002 ________________________________________________________________________________ OPERATING AGREEMENT OF BERKADIA EQUITY HOLDINGS LLC This OPERATING AGREEMENT shall be effective as of the 31/st/ day of July, 2002, by and between BHF Berkadia Member Inc., a Delaware corporation ("B-Sub"), and WMAC Investors, Inc., a . . . 317635	Berkshire Berkshire Hathaway Inc. ( Property & Casualty Insurance ) As referenced in this Operating Agreement: Berkshire Hathaway Inc – connection with the operation of the Company's Business. "Berkadia" has the meaning set forth in the Recitals to this Agreement. "Berkshire" means Berkshire Hathaway Inc ., a Delaware corporation. "B-Sub" has the meaning set forth in the initial paragraph of this Agreement. "Capital Account" means, with respect _____________ BERKSHIRE HATHAWAY INC – in this Operating Agreement, the signatories below are not undertaking to cause or procure the performance of obligations undertaken herein by the Members. BERKSHIRE HATHAWAY INC . By: /s/ Marc D. Hamburg ------------------------------- Name: Marc D. Hamburg Title: Vice President and Chief Financial Officer LEUCADIA NATIONAL CORPORATION By: /s/ Joseph _____________ dt 678045 ;	FINOVA Group FINOVA Group Inc. ( Consumer Financial Services ) As referenced in this Operating Agreement: Finova Group – 1 and ending on the date on which all property is distributed to the Members pursuant to Section 10 hereof. "FNV" means The Finova Group Inc. "FNV Stock" means, at any time, the common stock of FNV held beneficially or of record by the Company at that time. " _____________ dt 547042
Preview Full Doc	2001	Operating Agreement Operating Agreement (111K) Doc #317661: Click preview link for longer preview. BERKADIA MANAGEMENT LLC, a Delaware Limited Liability Company OPERATING AGREEMENT August 21, 2001 -------------------------------------------------------------------------------- OPERATING AGREEMENT OF BERKADIA MANAGEMENT LLC This OPERATING AGREEMENT is entered into and shall be effective as of the 21st day of August, 2001, by and between BH . . . 317661	Berkshire Berkshire Hathaway Inc. ( Property & Casualty Insurance ) As referenced in this Operating Agreement: Berkshire Hathaway Inc – the Regulations. "Nonrecourse Liability" has the meaning set forth in Section 1.704-2(b)(3) of the Regulations. "Original Berkshire Member" means Berkshire Hathaway Inc ., a Delaware corporation. "Original Leucadia Member" means Leucadia National Corporation, a New York corporation. 7 {PAGE} "Outside Financing" has the meaning given _____________ BERKSHIRE HATHAWAY INC – in this Operating Agreement, the signatories below are not undertaking to cause or procure the performance of obligations undertaken herein by the Members. BERKSHIRE HATHAWAY INC . By: /s/ Marc D. Hamburg ------------------------------- Name: Marc D. Hamburg Title: Vice President and Chief Financial Officer LEUCADIA NATIONAL CORPORATION By: /s/ Joseph _____________ dt 678090 ;	FINOVA Group FINOVA Group Inc. ( Consumer Financial Services ) As referenced in this Operating Agreement: Finova Group – 1 and ending on the date on which all property is distributed to the Members pursuant to Section 10 hereof. "FNV" means The Finova Group Inc. "FNV Stock" has the meaning set forth in Section 11.5 of this Agreement. "Gross Asset Value" means with respect to any _____________ dt 547046
Preview Full Doc	2001	Operating Agreement Operating Agreement (111K) Doc #346262: Click preview link for longer preview. BERKADIA MANAGEMENT LLC, a Delaware Limited Liability Company OPERATING AGREEMENT August 21, 2001 -------------------------------------------------------------------------------- OPERATING AGREEMENT OF BERKADIA MANAGEMENT LLC This OPERATING AGREEMENT is entered into and shall be effective as of the 21st day of August, 2001, by and between BH . . . 346262	Berkshire Berkshire Hathaway Inc. ( Property & Casualty Insurance ) As referenced in this Operating Agreement: Berkshire Hathaway Inc – Section 1.704-2(b)(1) of the Regulations. "Nonrecourse Liability" has the meaning set forth in Section 1.704-2(b)(3) of the Regulations. "Original Berkshire Member" means Berkshire Hathaway Inc ., a Delaware corporation. "Original Leucadia Member" means Leucadia National Corporation, a New York corporation. 7 {PAGE} "Outside Financing" has the meaning given such term in the Berkadia Operating Agreement. " _____________ BERKSHIRE HATHAWAY INC – and to the extent specifically set forth in this Operating Agreement, the signatories below are not undertaking to cause or procure the performance of obligations undertaken herein by the Members. BERKSHIRE HATHAWAY INC . By: /s/ Marc D. Hamburg ------------------------------- Name: Marc D. Hamburg Title: Vice President and Chief Financial Officer LEUCADIA NATIONAL CORPORATION By: /s/ Joseph A. Orlando -------------------------------- Name: Joseph A. Orlando Title: _____________ dt 746373 ;	FINOVA Group FINOVA Group Inc. ( Consumer Financial Services ) As referenced in this Operating Agreement: Finova Group Inc – period commencing on the immediately preceding January 1 and ending on the date on which all property is distributed to the Members pursuant to Section 10 hereof. "FNV" means The Finova Group Inc . "FNV Stock" has the meaning set forth in Section 11.5 of this Agreement. "Gross Asset Value" means with respect to any asset, the asset's adjusted basis for _____________ dt 1316949
Preview Full Doc	2001	Operating Agreement Operating Agreement (93K) Doc #398469: Click preview link for longer preview. BERKADIA LLC, A DELAWARE LIMITED LIABILITY COMPANY OPERATING AGREEMENT February 26, 2001 -------------------------------------------------------------------------------- NY2:\1018718\03\L%1Q03!.DOC\76830.0246 OPERATING AGREEMENT OF BERKADIA LLC This OPERATING AGREEMENT is entered into and shall be . . . 398469	Berkshire Berkshire Hathaway Inc. ( Property & Casualty Insurance ) As referenced in this Operating Agreement: Berkshire Hathaway Inc – DOC\76830.0246 {PAGE} OPERATING AGREEMENT OF BERKADIA LLC This OPERATING AGREEMENT is entered into and shall be effective as of the 26th day of February, 2001, by and between Berkshire Hathaway Inc ., a Delaware corporation ("Berkshire"), and Leucadia National Corporation, a New York corporation ("Leucadia"), as the sole Members of the Company. SECTION 1 THE COMPANY 1.1 Formation. The Members _____________ BERKSHIRE HATHAWAY INC – the subject matter hereof. 26 {PAGE} IN WITNESS WHEREOF, the parties have executed and entered into this Operating Agreement of the Company as of the day first above set forth. BERKSHIRE HATHAWAY INC . By: /s/ Marc D. Hamburg -------------------------------------------- Name: Marc D. Hamburg Title: Vice President LEUCADIA NATIONAL CORPORATION By: /s/ Joseph A. Orlando -------------------------------------------- Name: Joseph A. Orlando Title: Vice President 27 {PAGE} _____________ Berkshire Hathaway Inc – Attached to and Made a Part of the Operating Agreement of Berkadia LLC Members ------- {TABLE} {CAPTION} Facility Fee Name and Address Debt Percentage Fee Percentage Percentage ---------------- --------------- -------------- ---------- {S} {C} {C} {C} Berkshire Hathaway Inc . 90% 50% 70% 1440 Kiewit Plaza Omaha, Nebraska 68131 Attn: Marc Hamburg Facsimile: (402) 346-3375 Leucadia National Corporation 10% 50% 30% 315 Park Avenue South New York, New _____________ dt 1038015 ; Leucadia Nat'l Leucadia National Corp. ( Conglomerates ) ;	FINOVA Group FINOVA Group Inc. ( Consumer Financial Services ) As referenced in this Operating Agreement: Finova Group Inc – Financing from time to time; (b) to execute and deliver a commitment letter of even date herewith by and among the Company, its Members, Finova Capital Corporation ("FCC") and The Finova Group Inc . ("FNV") (the "Commitment") relating to a loan to FCC on a senior secured basis (the "Senior Loan"); to negotiate, execute, deliver and accept loan or credit agreements, notes, security _____________ dt 1016875
Preview Full Doc	2007	Operating Agreement Operating Agreement (72K) Doc #2945219: Click preview link for longer preview. OPERATING AGREEMENT OF KYKUIT RESOURCES, LLC THIS OPERATING AGREEMENT (the ï¿½Agreementï¿½) is entered into as of this 8^th day of May, 2007, by and between the undersigned Members of KYKUIT RESOURCES, LLC, an Ohio Limited Liability Company (the ï¿½Companyï¿½). RECITALS The parties have agreed to organize and operate a limited liability company under the laws of the State of Ohio in accordance with the terms and subject to the conditions set forth in this Agreement. NOW, THEREFORE, for good and valuable . . . 2945219	Marsh & McLennan Marsh & McLennan Companies Inc. ( Insurance )