|GREENSKY, INC. filed this Form 8-K on 02/06/2019|
13.01 Severability. If any provision or provisions of these Bylaws shall be held to be invalid, illegal or unenforceable as applied to any circumstance for any reason whatsoever: (i) the validity, legality and enforceability of such provisions in any other circumstance and of the remaining provisions of these Bylaws (including, without limitation, each portion of any paragraph of these Bylaws containing any such provision held to be invalid, illegal or unenforceable that is not itself held to be invalid, illegal or unenforceable) shall not in any way be affected or impaired thereby and (ii) to the fullest extent possible, the provisions of these Bylaws (including, without limitation, each such portion of any paragraph of these Bylaws containing any such provision held to be invalid, illegal or unenforceable) shall be construed so as to permit the Corporation to protect its directors, officers, employees and agents from personal liability in respect of their good faith service to or for the benefit of the Corporation to the fullest extent permitted by law.
As used in these Bylaws, unless the context otherwise requires, the term:
Assistant Controller means an Assistant Controller of the Corporation.
Assistant Secretary means an Assistant Secretary of the Corporation.
Assistant Treasurer means an Assistant Treasurer of the Corporation.
Board is defined in Section 1.01.
Bylaws means the bylaws of the Corporation, as such bylaws may be amended from time to time.
Certificate means the Amended and Restated Certificate of Incorporation of the Corporation.
Chairman means the Chairman of the Board.
Chief Executive Officer means the Chief Executive Officer of the Corporation.
Chief Financial Officer means the Chief Financial Officer of the Corporation.
Chief Operating Officer means the Chief Operating Officer of the Corporation.
Class A Common Stock is defined in the Certificate.
Class B Common Stock is defined in the Certificate.
Common Stock is defined in the Certificate.
Common Unit means a membership interest in the LLC, authorized and issued under the LLC Agreement, and constituting a Common Unit as defined in the LLC Agreement as in effect as of the effective time of the Certificate.
Continuing LLC Members means the holders of Common Units (other than the Corporation) that are parties to the Exchange Agreement from time to time.
Controller means the Controller of the Corporation.
Corporation is defined in Section 1.01.
Covered Person is defined in Section 6.01.