Common use of Formation of LLC; Certificate of Formation Clause in Contracts

Formation of LLC; Certificate of Formation. The Members of the LLC hereby: (a) acknowledge the conversion of the PJM Interconnection Association into the LLC, a limited liability company pursuant to the Act, by virtue of the filing of both the Certificate of Formation and the Certificate of Conversion with the Recording Office, effective as of March 31, 1997; (b) confirm and agree to their status as Members of the LLC; (c) enter into this Agreement for the purpose of amending and restating the rights, duties, and relationship of the Members; and (d) agree that if the laws of any jurisdiction in which the LLC transacts business so require, the PJM Board also shall file, with the appropriate office in that jurisdiction, any documents necessary for the LLC to qualify to transact business under such laws; and (ii) agree and obligate themselves to execute, acknowledge, and cause to be filed for record, in the place or places and manner prescribed by law, any amendments to the Certificate of Formation as may be required, either by the Act, by the laws of any jurisdiction in which the LLC transacts business, or by this Agreement, to reflect changes in the information contained therein or otherwise to comply with the requirements of law for the continuation, preservation, and operation of the LLC as a limited liability company under the Act.

Formation of LLC; Certificate of Formation. The Members of the LLC hereby: (a) acknowledge the conversion of the PJM Interconnection Association into the LLC, a limited liability company pursuant to the Act, by virtue of 2.1.1. approve and ratify the filing of both the Certificate of Formation and the Certificate of Conversion with the Recording OfficeOffice on June 10, effective as of March 31, 19972002; (b) 2.1.2. approve and ratify the filing of the Amended Certificate with the Recording Office on June 14, 2002; 2.1.3. confirm and agree to their status as Members of the LLC; (c) enter into 2.1.4. execute this Agreement for the purpose of amending and restating establishing the rights, duties, duties and relationship of the Members; and; 2.1.5. (di) agree that if the laws of any jurisdiction in which the LLC transacts business so require, the PJM Board also appropriate officers or other authorized representatives of the LLC shall file, or shall cause to be filed, with the appropriate office in that jurisdiction, any documents necessary for the LLC to qualify to transact business under such laws; and (ii) agree and obligate themselves to execute, acknowledge, acknowledge and cause to be filed for record, in the place or places and manner prescribed by law, any amendments to the Certificate of Formation as may be required, either by the Delaware LLC Act, by the laws of any jurisdiction in which the LLC transacts business, business or by this Agreement, to reflect changes in the information contained therein or otherwise to comply with the requirements of law for the continuation, preservation, preservation and operation of the LLC as a limited liability company under the Delaware LLC Act; and 2.1.6. represent and warrant that the Members are duly authorized to execute, deliver and perform their obligations under this Agreement and that the Persons, if any, executing this Agreement on behalf of the Members are duly authorized to do so and that this Agreement is binding on and enforceable against the Members in accordance with its terms.

Formation of LLC; Certificate of Formation. The Members of the LLC hereby: (a) acknowledge authorize the conversion formation of the PJM Interconnection Association into LLC by the LLC, Members as a limited liability company pursuant to the Tennessee LLC Act, by virtue of and further authorize the filing of both the Certificate of Formation and (the “Certificate of Conversion Formation”) with the Recording Office, effective Secretary of State as of March 31, 1997required under the Tennessee LLC Act; (b) confirm and agree to their status as Members of the LLC; (c) enter into execute this Agreement for the purpose of amending confirming the existence of the LLC and restating establishing the rights, duties, duties and relationship of the Members; and (d) (i) agree that if the laws of any jurisdiction in which the LLC transacts business so require, the PJM Board also LLC shall file, file with the appropriate office in that jurisdiction, jurisdiction any documents necessary for the LLC to qualify to transact business under such laws; and (ii) agree and obligate themselves to execute, acknowledge, and cause to be filed for recordfiled, in the place or places and manner prescribed by law, any amendments to the Certificate of Formation as may be required, either by the Tennessee LLC Act, by the laws of any jurisdiction in which the LLC transacts business, business or by this Agreement, to reflect changes in the information contained therein or otherwise to comply with the requirements of law for the continuation, preservation, and operation of the LLC as a limited liability company under the Tennessee LLC Act.

Formation of LLC; Certificate of Formation. The Members of the LLC hereby: (a) acknowledge the conversion of the PJM Interconnection Association into the LLC, a limited liability company pursuant to the Act, by virtue of 2.1.1. approve and ratify the filing of both the Certificate of Formation and the Certificate of Conversion with the Recording OfficeOffice on November 12, effective as of March 31, 19972004; (b) 2.1.2. approve and ratify the SkyTerra Transfer and the DTV Transfer; 2.1.3. confirm and agree to their HCI’s status as Members the sole Class A Member of the LLC; (c) enter into 2.1.4. execute this Agreement for the purpose of amending and restating the First Amended and Restated LLC Agreement (as amended by the First Amendment), continuing the existence of the LLC and establishing the rights, duties, and relationship of the Members; and; 2.1.5. (di) agree that if the laws of any jurisdiction in which the LLC transacts business so require, the PJM Board also of Managers or the appropriate officers or other authorized representatives of the LLC shall file, or shall cause to be filed, with the appropriate office in that jurisdiction, any documents necessary for the LLC to qualify to transact business under such laws; and (ii) agree and obligate themselves to execute, acknowledge, and cause to be filed for record, in the place or places and manner prescribed by law, any amendments to the Certificate of Formation as may be required, either by the Delaware LLC Act, by the laws of any jurisdiction in which the LLC transacts business, or by this Agreement, to reflect changes in the information contained therein or otherwise to comply with the requirements of law for the continuation, preservation, and operation of the LLC as a limited liability company under the Delaware LLC Act; and 2.1.6. each severally represent and warrant that such Member is duly authorized to execute, deliver, and perform its obligations under this Agreement and that the Person, if any, executing this Agreement on behalf of such Member is duly authorized to do so and that this Agreement is binding on and enforceable against such Member in accordance with its terms.

Formation of LLC; Certificate of Formation. The Members of the LLC hereby: (a) acknowledge authorize the conversion formation of the PJM Interconnection Association into LLC by the LLC, Members as a limited liability company pursuant to the Delaware LLC Act, by virtue of and further authorize the filing of both the Certificate of Formation and the Certificate of Conversion with the Recording Office, effective Office as of March 31, 1997required under the Delaware LLC Act; (b) confirm and agree to their status as Members of the LLC; (c) enter into execute this Agreement for the purpose of amending confirming the existence of the LLC and restating establishing the rights, duties, duties and relationship of the Members; and; (d) agree that if the laws of any jurisdiction in which the LLC transacts business so require, the PJM Board of Representatives also shall file, with the appropriate office in that jurisdiction, any documents necessary for the LLC to qualify or register to transact business under such laws; and and (iie) agree and obligate themselves to execute, acknowledge, and cause to be filed for recordfiled, in the place or places and manner prescribed by law, any amendments to the Certificate of Formation as may be required, either by the Delaware LLC Act, by the laws of any jurisdiction in which the LLC transacts business, business or by this Agreement, to reflect changes in the information contained therein or otherwise to comply with the requirements of law for the continuation, preservation, and operation of the LLC as a limited liability company under the Delaware LLC Act. In the event of any inconsistency between any terms and conditions contained in this Agreement and any non-mandatory provisions of the Delaware LLC Act, the terms and conditions contained in this Agreement shall govern.

Formation of LLC; Certificate of Formation. The Members of the LLC hereby: (a) acknowledge the conversion of the PJM Interconnection Association into the LLC, a limited liability company pursuant to the Act, by virtue of approve and ratify the filing of both the Certificate of Formation and the Certificate of Conversion with the Recording Office, effective as of March 31, 1997; (b) Office and confirm and agree to their status as Members of the LLC; (cb) enter into execute this Agreement for the purpose of amending continuing the existence of the LLC and restating establishing the rights, duties, and relationship of the Members; and (dc) agree that if the laws of any jurisdiction in which the LLC transacts business so require, the PJM Board Management Committee or appropriate officers or other authorized representatives of the LLC also shall file, with the appropriate office in that jurisdiction, any documents necessary for the LLC to qualify to transact business under such laws; and (ii) agree and obligate themselves to execute, acknowledge, and cause to be filed for record, in the place or places and manner prescribed by law, any amendments to the Certificate of Formation as may be required, either by the Delaware LLC Act, by the laws of any jurisdiction in which the LLC transacts business, or by this Agreement, to reflect changes in the information contained therein or otherwise to comply with the requirements of law for the continuation, preservation, and operation of the LLC as a limited liability company under the Delaware LLC Act.