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

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.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Intersil Corp/De), Agreement and Plan of Merger (Intersil Corp/De), Agreement and Plan of Merger (Xicor Inc)

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Certificate of Formation; Operating Agreement. (ia) At the Effective Time, the certificate of incorporation of the Company as in effect immediately prior to the Effective Time shall be the certificate of the First-Step Two Surviving Company. At the Second Merger Effective Time, the Certificate certificate of Formation formation of the LLCMerger Sub II, as in effect immediately prior to the Step Two Merger Effective Time, Time shall be the Certificate certification of Formation formation of the Surviving Company Company, until thereafter amended as provided by DGCL and such Certificate of Formationapplicable Law.

Appears in 1 contract

Samples: Stockholders Agreement (Quantum Computing Inc.)

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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.

Appears in 1 contract

Samples: Defined Term   Section (Ask Jeeves Inc)

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