Preview | Operating Agreement |

THIS OPERATING AGREEMENT (this ?Agreement?) of Globe Communications, LLC, a North Carolina limited liability company (the ?Company?), is entered into and shall be effective as of January 27, 2003 (the effective date of the filing of the Company?s Articles of Organization with the North Carolina Secretary of State), by and among the Company and Dycom Investments, Inc., a Delaware corporation (the ?Member?), as the sole member of the Company, and all other persons who hereafter become a member of the Company, all in accordance with and pursuant to the North Carolina Limited Liability Company Act, as amended (the ?Act?).

Richard L. Dunn (the ?Organizer?), acting in the capacity of ?organizer? under the Act, caused the Company to be organized on January 28, 2003, by executing the Articles of Organization of the Company and filing the same with the Secretary of State of North Carolina on such date, all in accordance with the Act. Upon the execution of this Operating Agreement by the parties hereto, the Organizer will be deemed to have identified and otherwise designated Dycom Investments, Inc., a Delaware corporation, to be the member of the Company in accordance with sections 57C-2-20(c) and 57C-3-01(b)(1)(i) of the Act. The member has agreed to continue the Company under the terms and conditions of this Agreement.

2. Purpose and Powers. The purpose of the Company is to engage in any activity for which limited liability companies may be organized in the State of North Carolina. The Company shall possess and may exercise all of the powers and privileges granted by the Act or by any other law or by this Agreement, together with any powers incidental thereto, so far as such powers and privileges are necessary or convenient to the conduct, promotion or attainment of the business purposes or activities of the Company.

3. Term. The term of the Company commenced on the date hereof, being the date the Articles of Organization of the Company were filed at the Office of the Secretary of State of the State of North Carolina, and shall continue until the winding up and liquidation of the Company is completed and its business is terminated following a dissolution event, as provided in Section 15 hereof.

5. Registered Agent. The name and address of the registered agent of the Company for service of process on the Company in the State of North Carolina are CT Corporation System, 225 Hillsborough Street, Raleigh, North Carolina 27603, or any successor as appointed by the Board of Directors.

6. Admission of Member. Simultaneously with the execution and delivery of this Agreement and the filing of the Articles of Organization with the Office of the Secretary of State of the State of North Carolina, Dycom Investments, Inc. is admitted as the sole Member of the Company in respect of the Interest (as hereinafter defined) being acquired hereunder.

7. Interest. The Company shall be authorized to issue a single class of membership interest (as defined in the Act, the ?Interest?) that shall not be certificated, and shall include any and all benefits to which the holder of such Interest may be entitled in this Agreement, together with all obligations of such person to comply with the terms and provisions of this Agreement. Simultaneously with the execution of this Agreement, the sole Interest of the Company is hereby issued to the Member.

End of Preview

Home Intelligence Services Subscriptions News About Us