Formation and Continuation. (a) The Company was formed upon the issuance by the Secretary of State of the Certificate for the Company. Nxxxxxxx X. Xxxxxx is hereby designated as an authorized person, within the meaning of the Act, to execute, deliver and file such certificate of formation, and any action taken prior to the execution of this Agreement in connection therewith by any such person is hereby ratified and confirmed. The Management Directors may designate any person to be an authorized person, within the meaning of the Act. (b) The Company shall continue in existence from the date of its formation in perpetuity, unless earlier dissolved pursuant to Article XI of this Agreement. (c) The parties hereto intend that this Agreement shall constitute a “limited liability company agreement” within the meaning of Section 18-101(7) of the Act.
Appears in 8 contracts
Samples: Limited Liability Company Agreement (United States Diesel-Heating Oil Fund, LP), Limited Liability Company Agreement (United States Short Oil Fund, LP), Limited Liability Company Agreement (United States 12 Month Natural Gas Fund, LP)
Formation and Continuation. (a) The Company was formed upon the issuance by the Secretary of State of the Certificate for the Company. Nxxxxxxx Xxxxxxxx X. Xxxxxx is hereby designated as an authorized person, within the meaning of the Act, to execute, deliver and file such certificate of formation, and any action taken prior to the execution of this Agreement in connection therewith by any such person is hereby ratified and confirmed. The Management Directors may designate any person to be an authorized person, within the meaning of the Act.
(b) The Company shall continue in existence from the date of its formation in perpetuity, unless earlier dissolved pursuant to Article XI of this Agreement.
(c) The parties hereto intend that this Agreement shall constitute a “limited liability company agreement” within the meaning of Section 18-101(7) of the Act.
Appears in 4 contracts
Samples: Limited Liability Company Agreement, Limited Liability Company Agreement (United States Brent Oil Fund, LP), Limited Liability Company Agreement (United States Commodity Index Funds Trust)
Formation and Continuation. (a) The Company was formed upon the issuance by the Secretary of State of the Certificate for the Company. This Agreement shall be effective at the time of such filing. Nxxxxxxx X. Xxxxxx is hereby designated as an authorized person, within the meaning of the Act, to execute, deliver and file such certificate of formation, and any action taken prior to the execution of this Agreement in connection therewith by any such person is hereby ratified and confirmed. The Management Directors may designate any person to be an authorized person, within the meaning of the Act.
(b) The Company shall continue in existence from the date of its formation in perpetuity, unless earlier dissolved pursuant to Article XI of this Agreement.
(c) The parties hereto intend that this Agreement shall constitute a “limited liability company agreement” within the meaning of Section 18-101(7) of the Act.
Appears in 4 contracts
Samples: Limited Liability Company Agreement (United States Natural Gas Fund, LP), Limited Liability Company Agreement (United States 12 Month Oil Fund, LP), Limited Liability Company Agreement (United States Heating Oil Fund, LP)