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 the Company shall remain the certificate of formation of the Surviving Company, until amended in accordance with Law (but subject to Section 7.1). At the Effective Time, the Company LLC Agreement shall be amended and restated to be the limited liability company agreement of Merger Sub, until amended in accordance with Law (but subject to Section 7.1).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Aramark)

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Certificate of Formation; Limited Liability Company Agreement. (a) At the Effective Time, the certificate of formation of the Surviving Company shall remain the certificate of formation of the Surviving Company, until amended in accordance with Law (but subject to Section 7.1). At the Effective Time, the Company LLC Agreement shall be amended and restated in its entirety to be in a form determined at the limited liability company agreement discretion of Merger Sub, until amended in accordance with Law (but subject to Section 7.1)the Purchaser.

Appears in 1 contract

Samples: Agreement and Plan of Merger (PROS Holdings, Inc.)

Certificate of Formation; Limited Liability Company Agreement. At the Effective Time, the certificate of formation of the Company shall remain the certificate of formation of the Surviving Company, until amended in accordance with Law (but subject to Section 7.17.2). At the Effective Time, the Company LLC Agreement shall be amended and restated to be the limited liability company agreement of Merger Sub, until amended in accordance with Law (but subject to Section 7.17.2).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Meritor Inc)

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Certificate of Formation; Limited Liability Company Agreement. (a) At the Effective Time, the certificate of formation of the Company shall remain the certificate of formation of the Surviving Company, until amended in accordance with Law (but subject to Section 7.15.4). At the Effective Time, the Company LLC Agreement shall be amended and restated so as to be read in its entirely as set forth in Exhibit B (the limited liability company agreement of Merger Sub“Surviving Company Operating Agreement”), until thereafter amended in accordance with applicable Law (but subject to Section 7.15.4).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Polaris Industries Inc/Mn)

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