Certificate of Formation; Operating Agreement. (i) At the Step Two Merger Effective Time, the Certificate of Formation of the LLC, as in effect immediately prior to the Step Two Merger Effective Time, shall be the Certificate of Formation of the Surviving Company until thereafter amended as provided by DGCL and such Certificate of Formation. (ii) At the Step Two Merger Effective Time, the Operating Agreement of the LLC, as in effect immediately prior to the Step Two Merger Effective Time, shall constitute the Operating Agreement of the Surviving Company until thereafter amended as provided by law, the Certificate of Formation of the Surviving Company and such Operating Agreement.
Appears in 3 contracts
Samples: Merger Agreement (Intersil Corp/De), Merger Agreement (Intersil Corp/De), Merger Agreement (Xicor Inc)
Certificate of Formation; Operating Agreement. (i) At the Step Two Merger Effective Time, the Certificate of Formation of the LLC, as in effect immediately prior to the Step Two Merger Effective Time, shall be the Certificate of Formation of the Surviving Company until thereafter amended as provided by DGCL Delaware Law and such Certificate of Formation.
(ii) At the Step Two Merger Effective Time, the Operating Agreement of the LLC, as in effect immediately prior to the Step Two Merger Effective Time, shall constitute the Operating Agreement of the Surviving Company until thereafter amended as provided by law, the Certificate of Formation of the Surviving Company and such Operating Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Ask Jeeves Inc), Agreement and Plan of Reorganization (PDF Solutions Inc)
