Formation; General Terms; Effective Date. The LLC was formed on April 29, 2019 upon the filing of the Certificate of Formation with the Secretary of State of the State of Delaware, a copy of which is attached hereto as Exhibit C and the adoption of the Initial LLC Agreement. This Agreement amends and restates the Initial LLC Agreement in its entirety as of the Effective Date. Each Person listed on the Information Exhibit attached hereto as Exhibit A shall be a Member of the LLC and shall be bound by all of the terms and conditions of this Agreement as evidenced by his or its execution of this Agreement, a joinder agreement or other instrument, as the case may be. The rights and obligations of the Members and the terms and conditions of the LLC shall be governed by the Act and this Agreement, including all the Exhibits to this Agreement. To the extent the Act and this Agreement are inconsistent with respect to any subject matter covered in this Agreement, this Agreement shall govern to the extent permitted by the Act. The Board shall cause to be executed and filed on behalf of the LLC all other instruments or documents, and shall do or cause to be done all such filing, recording or other acts as may be necessary or appropriate from time to time to comply with the requirements of law for the continuation and operation of a limited liability company in Delaware and in the other states and jurisdictions in which the LLC shall transact business.
Formation; General Terms; Effective Date. The Company was formed on January 2, 2009 as a Delaware limited liability company by the filing of a Certificate of Formation with the Delaware Secretary of State. The Persons listed on the Schedule of Members are the Members of the Company. This Agreement shall be effective immediately prior to the closing of the transactions contemplated by the Purchase Agreement (the “Effective Date”). The rights and obligations of the Members and the terms and conditions of the Company shall be governed by the Act and this Agreement. To the extent the Act and this Agreement are inconsistent with respect to any subject matter covered in this Agreement, this Agreement shall govern to the extent permitted by law. The Board shall cause to be executed and filed on behalf of the Company all other instruments or documents, and shall do or cause to be done all such filing, recording, or other acts as may be necessary or appropriate from time to time to comply with the requirements of law for the continuation and operation of a limited liability company in Delaware and in the other states and jurisdictions in which the Company shall transact business.
Formation; General Terms; Effective Date. The LLC was formed upon the filing of the Articles of Organization with the Secretary of State of the State of California. To the extent not previously a Member, each Person listed on the attached Information Exhibit shall be admitted to the LLC as a Member upon their execution of this Agreement. This Agreement shall be effective as of December 28, 2016 (the “Effective Date”). The rights and obligations of the Members and the terms and conditions of the LLC shall be governed by the Act and this Agreement, including all the Exhibits to this Agreement. To the extent the Act and this Agreement are inconsistent with respect to any subject matter covered in this Agreement, this Agreement shall govern. The Board shall cause to be executed and filed on behalf of the LLC all other instruments or documents, and shall do or cause to be done all such filing, recording or other acts, including the filing of the LLC’s annual report with the Secretary of State of the State of California, as may be necessary or appropriate from time to time to comply with the requirements of law for the continuation and operation of a limited liability company in California and in the other states and jurisdictions in which the LLC shall transact business.
Formation; General Terms; Effective Date. The Company was formed on February 1, 2021, as a Texas limited liability company by the filing of a Certificate of Formation with the Secretary of State of the State of Texas in accordance with the Texas Limited Liability Fund Act (the “Act”). The Persons listed on the Schedule of Members are the Members of the Company. The rights and obligations of the Members and the terms and conditions of the Company shall be governed by the Act and this Agreement. To the extent the Act and this Agreement are inconsistent with respect to any subject matter covered in this Agreement, this Agreement shall govern to the extent permitted by law. The name of the Company and Fund shall be “ZASHKO FUND I LLC”. The name of the Company shall be the exclusive property of the Company, and no Member shall have any rights, commercial or otherwise, in the Company’s name or any derivation thereof. The Company’s name may be changed only by an amendment to the Certificate of Formation of the Company.
Formation; General Terms; Effective Date. The Company was formed on September 25, 2012 as an Indiana limited liability company by the filing of a Certificate of Formation with the Indiana Secretary of State. The Persons listed on the Schedule of Members are the Members of the Company. This Agreement shall be effective immediately prior to the closing of the transactions contemplated by the Purchase Agreement (the “Effective Date”). The rights and obligations of the Members and the terms and conditions of the Company shall be governed by the Act and this Agreement. To the extent the Act and this Agreement are inconsistent with respect to any subject matter covered in this Agreement, this Agreement shall govern to the extent permitted by law. The Board shall cause to be executed and filed on behalf of the Company all other instruments or documents, and shall do or cause to be done all such filing, recording, or other acts as may be necessary or appropriate from time to time to comply with the requirements of law for the continuation and operation of a limited liability company in Indiana and in the other states and jurisdictions in which the Company shall transact business.
Formation; General Terms; Effective Date. The Company was formed on August 30, 2012 as a Washington limited liability company by the filing of a Certificate of Formation with the Secretary of State of the State of Washington. The Persons listed on the Schedule of Members are the Members of the Company. The rights and obligations of the Members and the terms and conditions of the Company shall be governed by the Act and this Agreement. To the extent the Act and this Agreement are inconsistent with respect to any subject matter covered in this Agreement, this Agreement shall govern to the extent permitted by law. The name of the Company shall be “LikeWater Management LLC”. The name of the Company shall be the exclusive property of the Company, and no Member shall have any rights, commercial or otherwise, in the Company’s name or any derivation thereof. The Company’s name may be changed only by an amendment to the Certificate of Formation of the Company.
Formation; General Terms; Effective Date. The Company was incorporated on 3 May 2012. The rights and obligations of the Members and the terms and conditions of the Company shall be governed by this Agreement, including all the Exhibits to this Agreement. Unless otherwise required by law, if any of the Exhibits is inconsistent with respect to any subject matter covered in this Agreement, this Agreement shall govern, and parties shall take reasonable steps to make the necessary amendments to the relevant Exhibits to render them consistent with this Agreement. The parties undertake to take all necessary steps within 30 days from the Effective Date (as defined hereafter) to amend the memorandum and articles of association of the Company so that it is consistent with the provisions of this Agreement. This Agreement shall be effective as of the date of execution by the parties (if different then the latest date) (the “Effective Date”).
Formation; General Terms; Effective Date. (a) The Company will be formed on or about the date of this Agreement upon the filing of the certificate of formation (the “Certificate of Formation”) in the office of the Secretary of State of the State of Delaware. It is agreed that the Persons listed on the attached Appendix B, Schedule of Members shall be admitted to the Company as Members on the date of this Agreement or any subsequent execution of this Agreement (and to the extent such Person is a transferee, in compliance with the procedures in Article VII).
Formation; General Terms; Effective Date. The LLC was formed upon the filing of the Articles of Organization with the Secretary of State of the State of Colorado. To the extent not previously a Member, each Person listed on the attached Information Exhibit shall be admitted to the LLC as a Member upon their execution of this Agreement. This Agreement shall be effective as of September 16, 2013 (the “Effective Date”). The rights and obligations of the Members and the terms and conditions of the LLC shall be governed by the Act and this Agreement, including all the Exhibits to this Agreement. To the extent the Act and this Agreement are inconsistent with respect to any subject matter covered in this Agreement, this Agreement shall govern. The Board shall cause to be executed and filed on behalf of the LLC all other instruments or documents, and shall do or cause to be done all such filing, recording or other acts, including the filing of the LLC’s annual report with the Secretary of State of the State of Colorado, as may be necessary or appropriate from time to time to comply with the requirements of law for the continuation and operation of a limited liability company in Colorado and in the other states and jurisdictions in which the LLC shall transact business.
Formation; General Terms; Effective Date. The Partnership was formed upon the filing of the Certificate with the Kentucky Secretary of State. When this Agreement has been signed by both Partners, it shall become effective as of the Effective Date, and Family Dollar, Inc. and Family Dollar Holdings, Inc. shall become Partners of the Partnership, all without the necessity of any further act or instrument and without causing the dissolution of the Partnership. The Act and this Agreement, including all the Exhibits attached hereto, govern the rights and obligations of the Partners and the terms and conditions of the Partnership. This Agreement controls to the extent there are any inconsistencies between the Act and this Agreement with respect to any subject matter covered in this Agreement. The Partnership shall have no oral partnership agreements, and this Agreement may be amended only in accordance with Section 11.4 below The General Partner shall execute and file on behalf of the Partnership all other instruments or documents, and shall accomplish all such filings, recordings, or other acts as necessary or appropriate from time to time to comply with the requirements of law for the continuation and operation of a limited partnership in Kentucky and in any other states and jurisdictions in which the Partnership shall transact business.
