Common use of Formation of the Company Clause in Contracts

Formation of the Company. Pursuant to and under the Act, the Company was formed as a Delaware limited liability company under the laws of the State of Delaware by the filing of the Certificate of Formation with the Office of the Secretary of State of Delaware. The rights and liabilities of the Members shall be determined pursuant to the Act and this Agreement. To the extent that the rights or obligations of any Member 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 of the Company. Pursuant to and under the Act, the Company was formed as a Delaware limited liability company under the laws of the State of Delaware by the filing of the Certificate of Formation with the Office of the Secretary of State of Delaware. The rights and liabilities of the Members Class A Member and the Special Member shall be determined pursuant to the Act and this Agreement. To the extent that the rights or obligations of any the Class A Member and the Special Member 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 of the Company. Pursuant to and under the Act, the The Company was formed as a Delaware limited liability company under the laws of the State of Delaware by upon the filing of the Company's certificate of formation (such certificate, as amended or restated, the "Certificate of Formation with Limited Liability Company") in the Office office of the Secretary of State of Delawarethe State of Delaware on, 2000 under the Delaware Limited Liability Company Act 6 Del. Sections 18-101, et seq. The rights (as amended from time to time, the "Delaware Act"). Effective upon the execution hereof, the rights, duties and liabilities obligations of the Members shall be determined pursuant to the Act and this Agreement. To the extent that the rights or obligations of any Member are different by reason of any provision of as provided in this Agreement than they would be and, except as herein otherwise expressly provided, in the absence of such provision, this Agreement shall, to the extent permitted by the Delaware Act, control.

Formation of the Company. Pursuant to and under the Act, the Company was formed as a Delaware limited liability company under the laws of the State of Delaware by the filing of the Certificate of Formation with the Office of the Secretary of State of Delaware. The rights and liabilities of the Members Sole Member shall be determined pursuant to the Act and this Agreement. To the extent that the rights or obligations of any the Sole Member 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.