This SIXTH AMENDED AND RESTATED OPERATING AGREEMENT of CONCURRENT GROUP LLC, effective as of April 19, 2022 (this “Agreement”) is made by QualTek MidCo, LLC, a Delaware limited liability company (the “Member”).
WHEREAS, Concurrent Group LLC (the “Company”) was formed as a Florida limited liability company in accordance with the Act by the filing of the Articles of Organization with the Florida Department of State Division of Corporations on June 7, 2017;
WHEREAS, prior to the date hereof, the Company was governed by that certain Fifth Amended and Restated Operating Agreement of the Company dated August 30, 2021 (as amended, the “Original Agreement”);
WHEREAS, on the date hereof, the Member desires to amend and restate the Original Agreement in its entirety on the terms of this Agreement;
ACCORDINGLY, the Member agrees as follows:
The defined terms used in this Agreement shall, unless the context otherwise requires, have the meanings ascribed to them below.
“Act” shall mean the Florida Revised Limited Liability Company Act, and any successor statute, as it may be amended from time to time.
“Agreement” shall have the meaning ascribed to it in the Preamble.
“Company” shall have the meaning ascribed to it in the Preamble.
“Covered Person” shall mean each manager, officer, employee, agent, or representative of the Company, including the Manager.
“Electrical Contracting Manager” shall mean the individual or individuals designated from time to time by the Manager with respect to one or more states in which the Company is a licensed electrical contractor with the rights and duties set forth in Section 5(d) below.
“Manager” shall mean Christopher S. Hisey or any Person subsequently elected to manage the Company in accordance with Section 5 of this Agreement.
“Member” shall have the meaning ascribed to it in the Preamble.
“Original Agreement” shall have the meaning ascribed to it in the Preamble.
“Person” shall be construed broadly and shall include an individual, a partnership, a corporation, an association, a joint stock company, a limited liability company, a trust, a joint venture, an unincorporated organization and a governmental entity or any department, agency or political subdivision thereof.
“Interest” shall have the meaning ascribed to it in Section 10(c).