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

Certificate of Formation; Limited Liability Company Agreement. At the Effective Time, the certificate of formation of Merger Sub as in effect immediately prior to the Merger shall be the certificate of formation of the Surviving Company until thereafter changed or amended as provided therein or by applicable Law. The limited liability company agreement in the form attached hereto as Exhibit A shall be the limited liability company agreement of the Surviving Company until thereafter changed or amended as provided therein or by applicable Law, but subject to Section 6.04.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Jefferies Financial Group Inc.), Agreement and Plan of Merger (Homefed Corp)

AutoNDA by SimpleDocs

Certificate of Formation; Limited Liability Company Agreement. At The certificate of formation of Merger Sub shall be and remain the certificate of formation of the Surviving Entity from and after the Effective Time, until thereafter amended in accordance with the certificate of formation Limited Liability Company Act. The limited liability company agreement of Merger Sub as in effect immediately prior to the Merger shall be the certificate of formation of the Surviving Company until thereafter changed or amended as provided therein or by applicable Law. The limited liability company agreement in the form attached hereto as Exhibit A Effective Time shall be the limited liability company agreement of the Surviving Company Entity from and after the Effective Time, until thereafter changed or amended as provided therein or by applicable Law, but subject to Section 6.04in accordance with the Limited Liability Company Act and such limited liability company agreement.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Baker Hughes Inc), Agreement and Plan of Merger (Bj Services Co)

Certificate of Formation; Limited Liability Company Agreement. At The certificate of formation of Merger Sub shall be and remain the certificate of formation of the Surviving Entity from and after the Effective Time, until thereafter amended in accordance with the certificate of formation Limited Liability Company Act. The limited liability company agreement of Merger Sub as in effect immediately prior to the Merger shall be the certificate of formation of the Surviving Company until thereafter changed or amended as provided therein or by applicable Law. The limited liability company agreement in the form attached hereto as Exhibit A Effective Time shall be the limited liability company agreement of the Surviving Company Entity from and after the Effective Time, until thereafter changed or amended as provided therein or by applicable Lawin accordance with the Limited Liability Company Act, but subject to Section 6.04the Surviving Entity’s Certificate of Formation and such limited liability company agreement.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Halliburton Co), Agreement and Plan of Merger (Baker Hughes Inc)

Certificate of Formation; Limited Liability Company Agreement. (a) At the Merger Effective Time, the certificate Certificate of formation Formation of Merger Sub MergerCo, as in effect immediately prior to the Merger Effective Time, shall be the certificate Certificate of formation Formation of the Surviving Company Entity until thereafter changed or amended as provided therein or by applicable Law. The limited liability company agreement in law (the form attached hereto as Exhibit A shall be the limited liability company agreement “Certificate of the Surviving Company until thereafter changed or amended as provided therein or by applicable Law, but subject to Section 6.04Formation”).

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Inland American Real Estate Trust, Inc.), Agreement and Plan of Merger (Winston Hotels Inc)

Certificate of Formation; Limited Liability Company Agreement. At (a) Immediately after the Effective TimeTime of the Merger, the certificate of formation of the Surviving Entity shall be the certificate of formation of Merger Sub as in effect immediately prior to the Merger Effective Time, and such certificate of formation shall be the certificate of formation of the Surviving Company Entity until thereafter changed or amended as provided therein or by applicable Law. The limited liability company agreement in the form attached hereto as Exhibit A shall be the law and such certificate of formation and limited liability company agreement of the Surviving Company until thereafter changed or amended as provided therein or by applicable Law, but subject to Section 6.04Entity.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Tumbleweed Communications Corp)

AutoNDA by SimpleDocs

Certificate of Formation; Limited Liability Company Agreement. At the Effective Time, (a) the certificate of formation of Merger Sub as in effect immediately prior to the Merger Effective Time shall be the certificate of formation of the Surviving Company until thereafter changed amended in accordance with the terms thereof or amended as provided therein or by applicable Law. The , and (b) the limited liability company agreement of Merger Sub as in effect immediately prior to the form attached hereto as Exhibit A Effective Time shall be the limited liability company agreement of the Surviving Company until thereafter changed amended in accordance with the terms thereof, the certificate of formation of the Surviving Company or amended as provided therein or by applicable Law, but subject to Section 6.04.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Fat Brands, Inc)

Certificate of Formation; Limited Liability Company Agreement. (a) At the Effective Time, by virtue of the Merger and without any further action on the part of GigCapital2, the Merger Sub, the Company or the equityholders of any of the foregoing, the certificate of formation of Merger Sub the Company, as in effect immediately prior to the Merger Effective Time, shall be the certificate of formation of the Surviving Company as of the Effective Time, until thereafter changed or duly amended as provided therein or by in accordance with applicable Law. The limited liability company agreement in the form attached hereto as Exhibit A shall be the limited liability company agreement of the Surviving Company until thereafter changed or amended as provided therein or by applicable Law, but subject to Section 6.04.

Appears in 1 contract

Samples: Business Combination Agreement (GigCapital2, Inc.)

Time is Money Join Law Insider Premium to draft better contracts faster.