Common use of Certificate of Formation and Limited Liability Company Agreement of the Surviving Company Clause in Contracts

Certificate of Formation and Limited Liability Company Agreement of the Surviving Company. The certificate of formation and limited liability company agreement of Merger Sub 2 in effect immediately prior to the Second Merger Effective Time shall be the certificate of formation and limited liability company agreement of the Surviving Company from and after the Second Merger Effective Time until thereafter amended as provided therein or by Applicable Law (subject to Section 7.04), except that the name of the limited liability company reflected therein shall be “Humana LLC”.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Humana Inc), Agreement and Plan of Merger (Aetna Inc /Pa/)

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Certificate of Formation and Limited Liability Company Agreement of the Surviving Company. The (i) At the Second Merger Effective Time, the certificate of formation and limited liability company agreement of Merger Sub 2 LLC in effect as of immediately prior to the Second Merger Effective Time shall be the certificate of formation and limited liability company agreement of the Surviving Company from and after the Second Merger Effective Time Company, until thereafter changed or amended as provided therein or by Applicable Law (therein, subject to Section 7.045.8(b), except that the name of the limited liability company reflected therein shall be “Humana LLC”or by applicable Law.

Appears in 2 contracts

Samples: Support Agreement (Penn Virginia Corp), Support Agreement (Lonestar Resources US Inc.)

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