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

Certificate of Formation; Limited Liability Company Agreement. (a) The Certificate of Formation of Buyer, as in effect immediately prior to the Effective Time, shall be the Certificate of Formation of the Surviving Entity until thereafter changed or amended as provided therein or by applicable law. (b) The Limited Liability Company Agreement of Buyer as in effect immediately prior to the Effective Time shall be the Limited Liability Company Agreement of the Surviving Entity until thereafter changed or amended as provided therein or by applicable law.

Appears in 2 contracts

Samples: Merger Agreement (K-Sea Transportation Partners Lp), Merger Agreement (K-Sea Transportation Partners Lp)

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Certificate of Formation; Limited Liability Company Agreement. (a) The At the Effective Time, the Company’s Certificate of Formation of Buyerand the Company’s Limited Liability Company Agreement, as in effect immediately prior to the Effective Time, shall be the Certificate certificate of Formation formation and limited liability company agreement of the Surviving Entity until thereafter changed or amended as provided therein or by applicable lawLaw. (b) The Limited Liability Company Agreement of Buyer as in effect immediately prior to the Effective Time shall be the Limited Liability Company Agreement of the Surviving Entity until thereafter changed or amended as provided therein or by applicable law.

Appears in 1 contract

Samples: Merger Agreement (Transgenomic Inc)

Certificate of Formation; Limited Liability Company Agreement. (a) The Certificate At the Effective Time, the certificate of Formation formation and limited liability company agreement of Buyer, the Surviving Company shall be restated as of the Effective Time to be identical to the certificate of formation and limited liability company agreement of Merger Sub as in effect immediately prior to the Effective Time, shall be the Certificate of Formation of the Surviving Entity Time until thereafter changed or amended as provided therein or by applicable lawLaw. (b) The Limited Liability Company Agreement of Buyer as in effect immediately prior to the Effective Time shall be the Limited Liability Company Agreement of the Surviving Entity until thereafter changed or amended as provided therein or by applicable law.

Appears in 1 contract

Samples: Merger Agreement (CyrusOne Inc.)

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Certificate of Formation; Limited Liability Company Agreement. From and after the Effective Time, (a) The the certificate of formation attached to the Certificate of Formation Merger, shall be the certificate of Buyerformation of the Surviving Company until amended in accordance with the provisions thereof and Applicable Law and (b) the limited liability company agreement of Merger Sub, as in effect immediately prior to the Effective Time, shall be the Certificate of Formation limited liability company agreement of the Surviving Entity Company until thereafter changed or amended as provided therein or by applicable law. (b) The Limited Liability Company Agreement of Buyer as in effect immediately prior to accordance with the Effective Time shall be the Limited Liability Company Agreement of the Surviving Entity until thereafter changed or amended as provided therein or by applicable law.provisions thereof and Applicable Law. Active 11524237 12

Appears in 1 contract

Samples: Merger Agreement (American Midstream Partners, LP)

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