Certificate of Formation and LLC Agreement. The Issuer shall not amend its certificate of formation or its operating agreement unless the Required Noteholders have agreed to such amendment.
Certificate of Formation and LLC Agreement. The Certificate of Formation of ACH LLC in effect immediately prior to the Effective Time and the LLC Agreement shall be the Certificate of Formation and the Limited Liability Company Agreement of the Surviving Corporation immediately after the Effective Time until thereafter amended as provided therein or by applicable law.
Certificate of Formation and LLC Agreement. The Company has heretofore made available to HUWX a complete and correct copy of the Certificate of Formation and the Amended and Restated Company Agreement, as amended to date, of the Company (the “Company LLC Agreement”). The Company is not in violation in any material respect of any of the provisions of its Certificate of Formation or the Company LLC Agreement.
Certificate of Formation and LLC Agreement. From and after the Effective Time, (a) the certificate of formation of the Company (the "Certificate of Formation") as in effect immediately prior to the Effective Time shall be the certificate of formation of the Surviving Company, unless and until duly amended in accordance with applicable Laws and (b) the limited liability company agreement of Merger Subsidiary as in effect immediately prior to the Effective Time shall be the limited liability company agreement of the Surviving Company unless and until amended in accordance with its terms.
Certificate of Formation and LLC Agreement. The certificate of formation and limited liability company agreement of the Purchaser in effect immediately prior to the Effective Time shall be the certificate of formation and limited liability company agreement of the Surviving Entity, until the same shall thereafter be altered, amended or repealed in accordance with applicable Law. Table of Contents ARTICLE III
Certificate of Formation and LLC Agreement. DEVELOPER shall not make any changes in or amendments to its certificate of formation or the LLC Agreement as they are in effect as of the date hereof; except that DEVELOPER may amend its LLC Agreement solely to the extent necessary to consummate any financing as to which the Company has waived its rights pursuant to and in accordance with Section 5.9 hereof.
Certificate of Formation and LLC Agreement. The articles of organization of Merger Sub as in effect immediately prior to the Effective Time shall be the articles of organization of the Surviving Entity until thereafter amended in accordance with applicable Law (the “Surviving Entity Certificate”). The limited liability company agreement of Merger Sub as in effect immediately prior to the Effective Time shall be the limited liability company agreement of the Surviving Entity until thereafter amended in accordance with its terms and applicable Law (the “Surviving Entity LLC Agreement”).
Certificate of Formation and LLC Agreement. At the Effective Time, by virtue of the Merger, the certificate of formation of MD Holdings shall be the certificate of formation of the Surviving Company, from and after the Effective Time, until thereafter changed or amended as provided therein and/or in accordance with applicable Law. The Board of Directors of MD Holdings shall take all action necessary so that, at the Effective Time, the MRD Operating Agreement shall be amended to read in its entirety as set forth in Exhibit F, and as so amended, such MRD Operating Agreement shall be the limited liability company operating agreement of the Surviving Company, from and after the Effective Time, until thereafter changed or amended as provided therein and/or in accordance with applicable Law.
Certificate of Formation and LLC Agreement. The Company has prior to the date of this Agreement made available a complete and correct copy of the certificate of formation and the limited liability company agreement or equivalent organizational documents, each as amended to date, of the Company and each Company Subsidiary. Such certificates of formation, limited liability company agreement or equivalent organizational documents are in full force and effect. Neither the Company nor any Company Subsidiary is in violation of any of the provisions of its certificate of formation, limited liability company agreement or equivalent organizational documents except such violations that would not individually or in the aggregate have or reasonably be expected to have a Company Material Adverse Effect.
Certificate of Formation and LLC Agreement. Seller has heretofore furnished to Buyer a true, complete and correct copy of Seller’s certificate of formation (the “Certificate of Formation”) and limited liability company operating agreement (the “LLC Agreement”), each as amended to date. Such Certificate of Formation and LLC Agreement are in full force and effect and Seller is not in violation in any material respect of any of the provisions of such Certificate of Formation or LLC Agreement.
