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

Certificate of Formation and Limited Liability Company Agreement. (a) The Certificate of Formation of Acquisition Sub as in effect immediately prior to the Effective Time shall be the certificate of formation of the Surviving Company until thereafter changed or amended as provided therein or by applicable law; provided that Article I thereof shall be amended to provide that the name of the Surviving Company is “Calence, LLC.”

Certificate of Formation and Limited Liability Company Agreement. (a) The Certificate certificate of Formation formation of Acquisition Sub the Company, as in effect immediately prior to the Effective Time Time, shall be the certificate of formation of the Surviving Company until thereafter changed or amended as provided therein or by applicable law; provided that Article I thereof Law. The limited liability company agreement of the Merger Sub as in effect immediately prior to the Effective Time shall be amended to provide the limited liability company agreement of the Surviving Company (except that the name of the Surviving Company is shall be “Calence, Railroad Acquisition Holdings LLC”) until thereafter changed or amended as provided therein or by applicable Law.”

Certificate of Formation and Limited Liability Company Agreement. (a) The Certificate certificate of Formation formation of Acquisition Sub as in effect the Company will be amended and restated immediately prior to following the Effective Time shall as set forth in the Certificate of Merger and, as so amended, will be the certificate of formation of the Surviving Company until thereafter changed or amended as provided therein or by in accordance with the provisions thereof and applicable law; provided that Article I thereof shall be amended to provide that the name of the Surviving Company is “Calence, LLCLegal Requirements.”

Certificate of Formation and Limited Liability Company Agreement. From and after the Effective Time, (a) The Certificate the certificate of Formation formation of Acquisition Sub the Company, as in effect immediately prior to the Effective Time Time, shall be the certificate of formation of the Surviving Company until thereafter changed or amended in accordance with the provisions thereof and applicable Law and (b) the limited liability company agreement of the Sub, as provided therein or by applicable law; provided that Article I thereof in effect immediately prior to the Effective Time, shall be amended to provide that the name limited liability company agreement of the Surviving Company is “Calence, LLCuntil amended in accordance with the provisions thereof and applicable Law.”

Certificate of Formation and Limited Liability Company Agreement. (a) The Certificate of Formation of Acquisition Sub Sub, as in effect immediately prior to at the Effective Time of the Merger, shall be the certificate Certificate of formation Formation of the Surviving Company until thereafter changed or amended as provided therein or by applicable law; provided that Article I thereof such Certificate of Formation shall be amended immediately subsequent to provide that the Effective Time of the Merger to change the name of the Surviving Company is “CalenceSub to Crystal Holding, LLC.”L.L.C.

Certificate of Formation and Limited Liability Company Agreement. (a) The Company Certificate of Formation of Acquisition Sub as in effect immediately prior to the Effective Time shall be the certificate Certificate of formation Formation of the Surviving Company until thereafter changed or amended as provided therein or by applicable law; provided that Article I thereof . The limited liability company agreement of Merger Sub, as in effect immediately prior to the Merger, shall be amended to provide that the name Limited Liability Company Agreement of the Surviving Company is “Calence, LLCuntil thereafter changed or amended as provided therein or by applicable law.”