Certificate of Formation and Limited Liability Company Agreement. The certificate of formation and limited liability company agreement of Acquiror as in effect immediately prior to the Effective Time shall be the certificate of formation and limited liability company agreement of Surviving Entity until thereafter changed or amended as provided therein or by applicable law.
Certificate of Formation and Limited Liability Company Agreement. From and after the Effective Time, and until thereafter amended as provided by law, the Certificate of Formation and Limited Liability Company Agreement of the Company as in effect immediately prior to the Effective Time shall be the Certificate of Formation and Limited Liability Company Agreement of the Surviving Entity.
Certificate of Formation and Limited Liability Company Agreement. The Issuer shall not amend its certificate of formation or limited liability company agreement unless it shall have received an Opinion of Counsel or Conn Officer’s Certificate to the effect that any such amendment would not have a material adverse effect on Noteholders.
Certificate of Formation and Limited Liability Company Agreement. Upon the consummation of the Merger the certificate of formation of OSH LLC shall be the certificate of formation of the Surviving Company upon and after the Effective Time, unless and until duly amended, altered, changed, repealed and/or supplemented in accordance with Illinois Law (which power and right to amend, alter, change, repeal and/or supplement, at any time and from time to time after the Effective Time, are hereby expressly reserved). The OSH LLC Agreement shall be the limited liability company agreement of the Surviving Company upon and after the Effective Time, unless and until duly amended, altered, changed, repealed and/or supplemented in accordance with Illinois Law (which power and right to amend, alter, change, repeal, and/or supplement, at any time and from time to time after the Effective Time, are hereby expressly reserved).
Certificate of Formation and Limited Liability Company Agreement. (a) The Certificate of Formation of Sub 1 as in effect immediately preceding the Effective Time shall remain unchanged as a result of the Merger and shall continue as the Certificate of Formation of the Surviving Entity following the Merger.
(b) The Limited Liability Company Agreement of Sub 1 as in effect immediately preceding the Effective Time shall remain unchanged as a result of the Merger and shall continue as the Limited Liability Company Agreement of the Surviving Entity following the Merger.
Certificate of Formation and Limited Liability Company Agreement. Upon the consummation of the Merger the certificate of formation of OSH LLC shall be the certificate of formation of the Surviving Company upon and after the Effective Time, unless and until duly amended, altered, changed, repealed and/or supplemented in accordance with Illinois Law (which power and right to amend, alter, change, repeal and/or supplement, at any time and from time to time after the Effective Time, are * Exhibits and schedules have been omitted pursuant to Item 601(a)(5) of Regulation S-K and will be provided on a supplemental basis to the Securities and Exchange Commission upon request. hereby expressly reserved). The OSH LLC Agreement shall be the limited liability company agreement of the Surviving Company upon and after the Effective Time, unless and until duly amended, altered, changed, repealed and/or supplemented in accordance with Illinois Law (which power and right to amend, alter, change, repeal, and/or supplement, at any time and from time to time after the Effective Time, are hereby expressly reserved).
Certificate of Formation and Limited Liability Company Agreement. Subject to Section 5.5, at the Effective Time, the certificate of formation and limited liability company agreement of Merger Sub, as in effect immediately before the Effective Time, will be the certificate of formation and limited liability company agreement of the Surviving Company, until thereafter changed or amended as provided therein or by applicable Law.
Certificate of Formation and Limited Liability Company Agreement. The certificate of formation and limited liability company agreement of LLC1 in effect at the Effective Time shall be the certificate of formation and limited liability company agreement of the Surviving LLC unless and until amended in accordance with their terms and applicable law. The name of the Surviving LLC shall be [ ].
Certificate of Formation and Limited Liability Company Agreement of the Surviving Entity 2 ARTICLE III Officers and Managers of the Surviving Entity 2
Certificate of Formation and Limited Liability Company Agreement. At the Effective Time, (i) the Partnership GP Certificate of Formation will remain unchanged and will be the certificate of formation of the Surviving GP until duly amended in accordance with the terms of this Agreement and applicable Law and (ii) the Partnership GP Agreement will remain unchanged and will be the limited liability company agreement of the Surviving GP until duly amended in accordance with the terms thereof, this Agreement and applicable Law.
