Common use of Formation, etc Clause in Contracts

Formation, etc. The Company was formed as a limited liability company in accordance with the Act by the filing of the Certificate with the Secretary of State of Delaware on December 1, 2004. The rights, duties and liabilities of each 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.

Formation, etc. The Company was formed as a limited liability company in accordance with pursuant to the Act by the filing of the Certificate with the Secretary of State of Delaware on December 1September 18, 20042001 (the "Effective Date"). The rights, duties and liabilities of each 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.

Formation, etc. The Company was formed as a limited liability company in accordance with pursuant To the Act by the The filing of Of the Certificate with With the Secretary of State of Delaware on December 1August 15, 2004. 2001 The rights, duties and liabilities of each 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.

Formation, etc. The Company was formed as a limited liability company in accordance with pursuant to the Act by the filing of the Certificate with the Secretary of State of Delaware on December 1September 27, 20042001 (the "Effective Date"). The rights, duties and liabilities of each 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.

Formation, etc. The Company was formed as a limited liability company in accordance with pursuant to the Act by the filing of the Certificate with the Secretary of State of Delaware on December 1August 17, 20042001 (the "Effective Date"). The rights, duties and liabilities of each 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.