ASC OF NEW ALBANY, LLC
Agreement (the Agreement) of ASC OF NEW ALBANY, LLC, an Indiana limited
liability company (the Company), is entered into by and between
SARC/Vincennes, Inc., a Tennessee corporation (the Member), and the
Company, effective as of December 31, 2007.
Member desires to adopt an operating agreement in accordance with the Indiana
Business Flexibility Act (as amended, the Act);
NOW, THEREFORE, in
consideration of the mutual covenants and promises contained herein and for
other good and valuable consideration, the receipt and adequacy of which are
hereby acknowledged, the parties hereto agree as follows:
Section 1. Organization. Effective December 31,
2007, the Company was formed as an Indiana limited liability company by the
filing of Articles of Organization in the office of the Secretary of State of
Indiana (the Articles).
Section 2. Registered Office; Registered Agent.
The registered office of the Company in the State of Indiana will be the
initial registered office designated in the Articles or such other office
(which need not be a place of business of the Company) as the Member may
designate from time to time in the manner provided by law. The registered agent
of the Company in the State of Indiana will be the initial registered agent
designated in the Articles or such other person as the Member may designate
from time to time in the manner provided by law. The principal office of the
Company will be at such location as the Member may designate from time to time,
which need not be in the State of Indiana.
Section 3. Powers. The Company will have all
powers permitted to be exercised by a limited liability company organized in
the State of Indiana.
Section 4. Term. The Company commenced on the
date the Articles were filed with the Secretary of State of Indiana, and will
continue in existence until terminated pursuant to this Agreement.