Certificate of Formation and Limited Liability Company Agreement. The Certificate of Formation and Limited Liability Company Agreement of Merger Sub in effect immediately prior to the Effective Time shall be the Certificate of Formation and Limited Liability Company Agreement of the Surviving Entity at and after the Effective Time until thereafter amended in accordance with the terms thereof and the LLCA.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Stone Energy Corp), Agreement and Plan of Merger (Energy Partners LTD)
Certificate of Formation and Limited Liability Company Agreement. The Certificate certificate of Formation formation and Limited Liability Company Agreement limited liability company agreement of Merger Sub Sub, as in effect immediately prior to the Effective Time Time, shall be the Certificate certificate of Formation formation and Limited Liability Company Agreement limited liability company agreement of the Surviving Entity at and after the Effective Time Company, until thereafter changed or amended in accordance with as provided therein or by applicable Law; provided, however, that Article I of the terms thereof and certificate of formation shall read as follows: “The name of the LLCACompany is Union, LLC” .
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Vision Sciences Inc /De/), Agreement and Plan of Merger (Uroplasty Inc)
Certificate of Formation and Limited Liability Company Agreement. The Certificate certificate of Formation formation and Limited Liability Company Agreement limited liability company agreement of Merger Sub Acquiror as in effect immediately prior to the Effective Time shall be the Certificate certificate of Formation formation and Limited Liability Company Agreement limited liability company agreement of the Surviving Entity at and after the Effective Time until thereafter changed or amended in accordance with the terms thereof and the LLCAas provided therein or by applicable law.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Irvine Co Et Al), Agreement and Plan of Merger (Irvine Apartment Communities Inc)
Certificate of Formation and Limited Liability Company Agreement. The Certificate of Formation and Limited Liability Company Agreement At the Effective Time, the limited liability company agreement of Merger Sub as in effect immediately prior to the Effective Time Time, shall be the Certificate of Formation and Limited Liability Company Agreement limited liability company agreement of the Surviving Entity at and after Company until thereafter changed or amended. At the Effective Time Time, the certificate of formation of Company, as in effect immediately prior to the Effective Time, shall be the certificate of formation of the Surviving Company until thereafter amended in accordance with the terms thereof and the LLCAchanged or amended.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Real Goods Solar, Inc.)
Certificate of Formation and Limited Liability Company Agreement. The Certificate certificate of Formation formation and Limited Liability Company Agreement limited liability company agreement of Merger Sub Buyer in effect immediately prior to the Effective Time shall be the Certificate certificate of Formation formation and Limited Liability Company Agreement limited liability company agreement of the Surviving Entity at and after following the Effective Time Time, until thereafter duly amended in accordance with the its terms thereof and the LLCAapplicable law.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Pacific Gulf Properties Inc)
Certificate of Formation and Limited Liability Company Agreement. The Certificate certificate of Formation formation and Limited Liability Company Agreement limited liability company agreement of Merger Sub Subsidiary II in effect immediately prior to the Second Effective Time shall be the Certificate certificate of Formation formation and Limited Liability Company Agreement limited liability company agreement of the Surviving Entity at unless and after the Effective Time until thereafter amended in accordance with their terms and applicable law; provided that at the terms thereof Second Effective Time, the certificate of formation and limited liability company agreement shall provide that the LLCAname of the Surviving Entity is “UCT Xxxxxx Engineering LLC.”
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Ultra Clean Holdings Inc)
Certificate of Formation and Limited Liability Company Agreement. The Certificate At the Effective Time, the certificate of Formation formation and Limited Liability Company Agreement limited liability company agreement of Merger Sub in effect immediately prior to will, by virtue of the Effective Time shall Merger, be the Certificate certificate of Formation formation and Limited Liability Company Agreement limited liability company agreement, respectively, of the Surviving Entity at and after the Effective Time Company until thereafter amended in accordance with the terms thereof and the LLCAas provided therein or by applicable Law.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Fusion Telecommunications International Inc)