Common use of Certificate of Formation and Operating Agreement Clause in Contracts

Certificate of Formation and Operating Agreement. (a) The Certificate of Formation of Merger Sub in effect immediately preceding 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. (b) The Limited Liability Company Agreement of Merger Sub in effect immediately preceding the Effective Time shall be the Limited Liability Company Agreement of the Surviving Company until thereafter changed or amended or as provided therein or by applicable Law.

Appears in 2 contracts

Samples: Merger Agreement (Crown Castle International Corp), Merger Agreement (Global Signal Inc)

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Certificate of Formation and Operating Agreement. (a) The Certificate of Formation of Merger Sub as in effect immediately preceding 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 Lawlaw. (b) The Limited Liability Company Agreement operating agreement of Merger Sub as in effect immediately preceding prior to the Effective Time shall be the Limited Liability Company Agreement operating agreement of the Surviving Company until thereafter changed or amended or as provided therein or by applicable Lawlaw.

Appears in 1 contract

Samples: Merger Agreement (Kanbay International Inc)

Certificate of Formation and Operating Agreement. At the Effective Time, (a) The Certificate by virtue of Formation the Merger, the certificate of formation of Merger Sub Sub, as in effect immediately preceding prior to the Effective Time Time, shall be the Certificate certificate of Formation formation of the Surviving Company Entity until thereafter changed or amended in accordance with the provisions thereof and applicable Law, and (b) the operating agreement of Merger Sub, as provided therein or by in effect immediately prior to the Effective Time, shall be the operating agreement of the Surviving Entity until thereafter amended in accordance with the provisions thereof and applicable Law. (b) The Limited Liability Company Agreement of Merger Sub in effect immediately preceding the Effective Time shall be the Limited Liability Company Agreement of the Surviving Company until thereafter changed or amended or as provided therein or by applicable Law.

Appears in 1 contract

Samples: Merger Agreement (Research Solutions, Inc.)

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Certificate of Formation and Operating Agreement. (a) The Certificate of Formation of Merger Sub Sub, as in effect immediately preceding prior to the Effective Time Time, shall be the Certificate of Formation of the Surviving Company Entity until thereafter changed or amended in accordance with applicable law. The Operating Agreement, in substantially the form of Exhibit A hereto, as provided therein or by applicable Law. (b) The Limited Liability Company Agreement of Merger Sub in effect immediately preceding prior to the Effective Time Time, shall be the Limited Liability Company Operating Agreement of the Surviving Company Entity until thereafter changed or amended or as provided therein or by in accordance with applicable Lawlaw.

Appears in 1 contract

Samples: Merger Agreement (Conversion Services International Inc)

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