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DocuSign Envelope ID:CCABACD4-6EDA-474F-A230-6C6849B95834 <br /> 1.4 "Articles" shall mean the Articles of Organization for Company originally filed <br /> with the Nevada Secretary of State and as amended from time to time. <br /> 1.5 `Bankruptcy" shall mean: (a) the filing of an application by a Member for, or his <br /> or her consent to, the appointment of a trustee, receiver, or custodian of his or her other assets; (b) <br /> the entry of an order for relief with respect to a Member in proceedings under the United States <br /> Bankruptcy Code, as amended or superseded from time to time; (c) the making by a Member of a <br /> general assignment for the benefit of creditors; (d) the entry of an order,judgment, or decree by <br /> any court of competent jurisdiction appointing a trustee, receiver, or custodian of the assets of a <br /> Member unless the proceedings and the person appointed are dismissed within ninety (90) days; <br /> or(e) the failure by a Member generally to pay his or her debts as the debts become due within the <br /> meaning of Section 303(h)(1) of the United States Bankruptcy Code, as determined by the <br /> Bankruptcy Court, or the admission in writing of his or her inability to pay his or her debts as they <br /> become due. <br /> 1.6 "Capital Account" shall mean with respect to any Member the capital account <br /> which Company establishes and maintains for such Member pursuant to Section 3.3 hereof. <br /> 1.7 "Capital Contribution" shall mean the total value of cash and fair market value of <br /> property (including promissory notes or other obligation to contribute cash or property) <br /> contributed and/or services rendered or to be rendered to Company by Members. <br /> 1.8 "Code" shall mean the Internal Revenue Code of 1986, as amended from time to <br /> time, the provisions of succeeding law, and to the extent applicable, the Regulations. <br /> 1.9 "Company" shall mean FAFO Holdings, LLC, a Nevada limited liability company. <br /> 1.10 "Company Minimum Gain" shall have the meaning ascribed to the term <br /> "Partnership Minimum Gain" in the Regulations Section 1.704-2(d). <br /> 1.11 "Corporations Code" shall mean the Nevada Corporation Code, as amended from <br /> time to time, and the provisions of succeeding law. <br /> 1.12 "Distributable Cash" shall mean the amount of cash which the Manager deems <br /> available for distribution to the Members, taking into account all Company debts, liabilities, and <br /> obligations of Company then due and amounts which the Manager deems necessary to place into <br /> reserves for customary and usual claims with respect to Company's business. <br /> 1.13 "Economic Interest" shall mean a Member's or Economic Interest Owner's share <br /> 3 <br />