Common use of Formation and Continuation Clause in Contracts

Formation and Continuation. Subject to the provisions of this Agreement, the parties do hereby desire to establish this Agreement to continue and govern the Company as a limited liability company under the provisions of the Delaware Limited Liability Company Act, DEL. CODE XXX. TIT. 6 §§ 18-101 (2010) et seq., as amended from time to time, and any successor statute or statutes (the “Act”). The Company was formed upon the execution and filing by the organizer with the Secretary of State of the State of Delaware of a Certificate of Formation of the Company effective on [ ], 2016. This Agreement shall amend and restate in its entirety the Original Agreement in all respects and such Original Agreement shall be of no force or effect after the date hereof. The parties hereby continue the Company pursuant to the terms and provisions of this Agreement.

Formation and Continuation. Subject to the provisions of this Agreement, the parties do hereby desire to establish this Agreement to continue and govern the Company as a limited liability company under the provisions of the Delaware Limited Liability Company Act, DEL. CODE XXX. TIT. 6 §§ 18-101 (2010) et seq., as amended from time to time, and any successor statute or statutes (the “Act”). The Company was formed upon the execution and filing by the organizer with the Secretary of State of the State of Delaware of a Certificate of Formation of the Company effective on [ ]November 21, 2016. This Agreement shall amend and restate in its entirety the Original Agreement in all respects and such Original Agreement shall be of no force or effect after the date hereof. The parties hereby continue the Company pursuant to the terms and provisions of this Agreement.