FORMATION AGREEMENT. (a) The Company was formed on September 6, 2018, pursuant to the provisions of the Delaware Act, upon the filing of the Certificate of Formation with the Secretary of State of the State of Delaware.
(b) This Agreement amends and restates the Third Amended LLC Agreement in its entirety. From and after the Effective Date, this Agreement constitutes the “limited liability company agreement” (as that term is used in the Delaware Act) of the Company. The rights, powers, duties, obligations and liabilities of the Members shall be determined pursuant to the Delaware Act and this Agreement. To the extent that the rights, powers, duties, obligations and liabilities of any Member are different by reason of any provision of this Agreement than they would be under the Delaware Act in the absence of such provision, this Agreement shall, to the extent permitted by the Delaware Act, control.
FORMATION AGREEMENT. THIS FORMATION AGREEMENT (this "Agreement"), dated as of August 8, 1997, is entered into by and between SEI HOLDINGS, INC., a Delaware corporation ("SEI Holdings"), and VASTAR RESOURCES, INC., a Delaware corporation ("VRI").
FORMATION AGREEMENT. The Closing, as defined in the Formation Agreement, shall have been consummated.
FORMATION AGREEMENT. 11 5.6 Prospectus ................................................... 11 5.7 Amendments to Quota Share Agreements .........................
FORMATION AGREEMENT. The delivery of the Cash Contribution and the transfer of the Transferred Assets as contemplated by the draft Formation Agreement referenced as item 1 on Schedule 2.12 hereto shall have occurred (or shall occur simultaneously with the Closing), and the Formation Agreement shall have been executed by the parties thereto and shall be in full force and effect. St. Xxxx and the Company shall have amended the Formation Agreement to insert the provision in the form attached as Exhibit E hereto.
FORMATION AGREEMENT. Notwithstanding anything herein to the contrary, the Stockholder's execution of the Formation Agreement shall not be deemed to be a violation or breach of this Agreement in any manner.
FORMATION AGREEMENT. The Members agree to comply with all of the terms and conditions of the Formation Agreement.
FORMATION AGREEMENT. The Formation/Contribution Agreement dated as of September 7, 1997 by and among Royale, H/SIC Corporation, Strategic Facility Investors, Inc., South Brunswick Investment Company, LLC, Comcourt Investment Corporation, Gateway Xxxxxxx Development Corporation, Crown Advisors, Inc., Xxxxxx X. Xxxx and Xxxx Xxxxxxxx, as the same has heretofore been and hereafter may at any time be amended, modified and supplemented and in effect. GENERAL PARTNER: COPT, and its respective successor(s) who or which become Successor General Partner(s) in accordance with the terms of this Agreement, in its capacity as general partner of the Partnership.
FORMATION AGREEMENT. 9 35. GAAP............................................................9 36.
FORMATION AGREEMENT. FORMATION AGREEMENT" shall have the meaning set forth in the Recitals of this Agreement.
