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. At the Effective Time, by virtue of the Second Merger and without any further action on the part of Parent, Merger Subs, the Company, the Surviving Corporation or any other Person: (i) the certificate of formation of Merger Sub II in effect as of immediately prior to the Effective Time shall be the certificate of formation of the Surviving Company, until thereafter changed or amended as provided therein, subject to Section 6.6, or by applicable Law; and (ii) the limited liability company agreement of the Surviving Company in effect as of immediately prior to the Effective Time shall be the limited liability company agreement of the Surviving Company, until thereafter changed or amended as provided therein, subject to Section 6.6, or by applicable Law.

Certificate of Formation and Limited Liability Company Agreement of the Surviving Company. At the Effective Time, by virtue of the Second Merger and without any further action on the part of Parent, Merger Subs, the Company, the Surviving Corporation or any other Person: (ia) the The certificate of formation of Merger Sub II the Company, as in effect as of immediately prior to the Effective Time Time, shall be the certificate of formation of the Surviving Company, Company as of the Effective Time until thereafter changed or amended as provided therein, subject to Section 6.6, therein or by applicable Law; and. (iib) the The limited liability company agreement of the Surviving Company Company, as in effect as of immediately prior to the Effective Time, shall be amended and restated at the Effective Time to read in its entirety, as amended and restated, as provided by Exhibit 1.5(b) and, commencing as of the Effective Time shall be the limited liability company agreement of the Surviving Company, until thereafter changed or amended as provided therein, subject to Section 6.6, therein or by applicable Law.