Common use of Formation, etc Clause in Contracts

Formation, etc. The Company was formed as a limited liability company pursuant to the Act by the filing of the Certificate of Formation and the Certificate of Conversion. The rights, duties and liabilities of the Member and the Board of Managers shall be determined pursuant to the Act and this Agreement. To the extent that such rights, duties or obligations are different by reason of any provision of this Agreement than they would be in the absence of such provision, this Agreement shall, to the extent permitted by the Act, control. By execution hereof, the Member is admitted as a member of the Company and shall acquire a limited liability interest in the Company.

Appears in 23 contracts

Samples: Limited Liability Company Agreement (GL Trade Overseas, Inc.), Limited Liability Company Agreement (GL Trade Overseas, Inc.), Limited Liability Company Agreement (SunGard Availability Services LP)

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Formation, etc. The Company was formed as a limited liability company pursuant to the Act by the filing of the Certificate of Formation and the Certificate of ConversionCertificate. The rights, duties and liabilities of the Member and the Board of Managers shall be determined pursuant to the Act and this Agreement. To the extent that such rights, duties or obligations are different by reason of any provision of this Agreement than they would be in the absence of such provision, this Agreement shall, to the extent permitted by the Act, control. By execution hereof, the Member is admitted as a member of the Company and shall acquire a limited liability interest in the Company.

Appears in 6 contracts

Samples: Limited Liability Company Agreement, Limited Liability Company Agreement (Plaid Brothers Software, Inc.), Limited Liability Company Agreement (Plaid Brothers Software, Inc.)

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Formation, etc. The Company was formed as a limited liability company pursuant to the Act by the filing of the Certificate of Formation and the Certificate of ConversionFormation. The rights, duties and liabilities of the Member and the Board of Managers shall be determined pursuant to the Act and this Agreement. To the extent that such rights, duties or obligations are different by reason of any provision of this Agreement than they would be in the absence of such provision, this Agreement shall, to the extent permitted by the Act, control. By execution hereof, the Member is admitted as a member of the Company and shall acquire a limited liability interest in the Company.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (Yellow Media Inc.), Limited Liability Company Agreement (SunGard Availability Services LP), Limited Liability Company Agreement (SunGard Availability Services LP)

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