Common use of Formation Clause in Contracts

Formation. The Company has been organized as a Delaware limited liability company by the filing of a Certificate of Formation (the “Certificate”) under and pursuant to the Act.

Appears in 138 contracts

Samples: Merger Agreement (Equitrans Midstream Corp), Merger Agreement (EQT Corp), Limited Liability Company Agreement (Summit Midstream Partners, LP)

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Formation. The Company has been organized formed as a Delaware limited liability company under and pursuant to the Act by the filing of a Certificate of Formation (with the “Certificate”) under Office of the Secretary of State of Delaware. In the event of a conflict between the terms of this Agreement and pursuant to the ActCertificate of Formation, the terms of the Certificate of Formation shall prevail.

Appears in 109 contracts

Samples: Limited Liability Company Agreement (Chicagoland Television News, LLC), Limited Liability Company Agreement (Chicagoland Television News, LLC), Limited Liability Company Agreement (Chicagoland Television News, LLC)

Formation. The Company has been organized as a Delaware limited liability company under and pursuant to the Act by the filing of a Certificate of Formation (with the “Certificate”) under and pursuant Office of the Secretary of State of Delaware as required by the Act. This Agreement embodies the agreement among the Members as to the Actgovernance of the Company and related matters. However, in the event of a conflict between the terms of this Agreement and the Certificate of Formation, the terms of the Certificate of Formation shall prevail.

Appears in 21 contracts

Samples: Organization Agreement, Organization Agreement (Futures Strategic Trust), Organization Agreement (Kenmar Global Trust)

Formation. The Company has been organized as a Delaware limited liability company by the filing of a Certificate of Formation (the "Certificate") under and pursuant to the Act.

Appears in 17 contracts

Samples: Operating Agreement (Boise Building Solutions Manufacturing Holdings Corp.), Operating Agreement (Boise Building Solutions Manufacturing Holdings Corp.), Operating Agreement (Boise Building Solutions Manufacturing Holdings Corp.)

Formation. The Company has been organized as a Delaware limited liability company by the filing of a Certificate of Formation Formation, dated as of the Effective Date (the "Delaware Certificate”) under and "), with the Secretary of State of Delaware pursuant to the Act.

Appears in 17 contracts

Samples: Limited Liability Company Agreement (Louisiana Generating LLC), Limited Liability Company Agreement (Louisiana Generating LLC), Limited Liability Company Agreement (Somerset Power LLC)

Formation. The Company has been organized as a Delaware limited liability company by the filing of a Amended and Restated Certificate of Formation (the “Certificate”) under and pursuant to the Act.

Appears in 12 contracts

Samples: Limited Liability Company Agreement (Oswego Harbor Power LLC), Limited Liability Company Agreement (Oswego Harbor Power LLC), Limited Liability Company Agreement (Oswego Harbor Power LLC)

Formation. The Company has been was organized as a Delaware limited liability company by the filing of a Certificate of Formation (the “Certificate”) under and pursuant to the ActAct by the filing of the Certificate.

Appears in 11 contracts

Samples: Limited Liability Company Agreement (Fortis Minerals, LLC), Limited Liability Company Agreement (RoyaltyTraders LLC), Limited Liability Company Agreement

Formation. The Company has been organized as a Delaware limited liability company under and pursuant to the Act by the filing of a Certificate of Formation (with the “Certificate”) under and pursuant to Office of the Secretary of State of Delaware as required by the Act. In the event of a conflict between the terms of this Agreement and the Certificate of Formation, the terms of the Certificate of Formation shall prevail.

Appears in 8 contracts

Samples: Limited Liability Company Agreement (Global Gas Corp), Unit Purchase Agreement (Dune Acquisition Corp), Limited Liability Company Agreement (AmeriHome, Inc.)

Formation. The Company has been organized was formed as a Delaware limited liability company by under the Delaware Limited Liability Company Act (the "Act") upon the filing of a the certificate of formation (the "Certificate of Formation (Formation") with the “Certificate”) under and pursuant to Secretary of State of the ActState of Delaware.

Appears in 7 contracts

Samples: Limited Liability Company Agreement (Medical Device Manufacturing, Inc.), Limited Liability Company Agreement (Medical Device Manufacturing, Inc.), Limited Liability Company Agreement (Medical Device Manufacturing, Inc.)

Formation. The Company has been organized was formed as a Delaware limited liability company by under the Delaware Limited Liability Company Act (the “Act”) upon the filing of a Certificate the certificate of Formation formation (the “CertificateCertificate of Formation”) under and pursuant to with the ActSecretary of State of the State of Delaware.

Appears in 6 contracts

Samples: Limited Liability Company Agreement (UTI Holdings, LLC), Limited Liability Company Agreement (UTI Holdings, LLC), Limited Liability Company Agreement (UTI Holdings, LLC)

Formation. The Company has been organized as a Delaware limited liability company by the filing of a its Certificate of Formation (the “Certificate”) under and pursuant to the Act. To the extent any provision of this Agreement conflicts with any provision of the Certificate of Formation, the provisions of the Certificate of Formation govern.

Appears in 5 contracts

Samples: Limited Liability Company Agreement (Tesoro High Plains Pipeline Co LLC), Limited Liability Company Agreement (Tesoro High Plains Pipeline Co LLC), Limited Liability Company Agreement (Tesoro High Plains Pipeline Co LLC)

Formation. The Company has been organized as a Delaware limited liability company by the filing of a Certificate of Formation (the “Certificate”) under and pursuant to the ActAct by the filing of the Certificate.

Appears in 4 contracts

Samples: Membership Interest Purchase Agreement (LMP Automotive Holdings, Inc.), Membership Interest Purchase Agreement (LMP Automotive Holdings, Inc.), Membership Interest Purchase Agreement (LMP Automotive Holdings, Inc.)

Formation. The Company has been organized as a Delaware limited liability company by executing and delivering the filing Certificate to the Delaware Secretary of a Certificate of Formation (the “Certificate”) under State in accordance with and pursuant to the Act.

Appears in 4 contracts

Samples: Operating Agreement (APW Supermarkets, Inc.), Operating Agreement (APW Supermarkets, Inc.), Operating Agreement (APW Supermarkets, Inc.)

Formation. The Company shall be, or has been been, organized as a Delaware limited liability company by the executing and filing of a Certificate of Formation (with the “Certificate”) under and Delaware Secretary of State pursuant to the Act.

Appears in 4 contracts

Samples: Operating Agreement, Operating Agreement (ServiceMaster Consumer Services Limited Partnership), Operating Agreement (ServiceMaster Consumer Services Limited Partnership)

Formation. The Company has been organized as a Delaware limited liability company by the filing of a its Certificate of Formation (the “Certificate”) under and pursuant to the Act.

Appears in 4 contracts

Samples: Limited Liability Company Agreement (Tesoro Logistics Finance Corp.), Limited Liability Company Agreement (Tesoro Logistics Finance Corp.), Limited Liability Company Agreement (Tesoro Logistics Finance Corp.)

Formation. The Company has been organized as a Delaware limited liability company Company by the filing of a Certificate of Formation (the "Certificate") under and with the Secretary of State of the State of Delaware pursuant to the Act.

Appears in 4 contracts

Samples: Limited Liability Company Agreement (El Paso Energy Partners Lp), Limited Liability Company Agreement (El Paso Energy Partners Lp), Limited Liability Company Agreement (El Paso Energy Partners Lp)

Formation. The Company has been was organized as a Delaware limited liability company by the filing of a Certificate of Formation (as may be amended, supplemented or otherwise modified from time to time, the “Certificate”) under and with the Secretary of State of the State of Delaware pursuant to the ActAct on the Formation Date. This Agreement is adopted and agreed to by the Members to set forth their agreement with respect to the Company’s business and the rights, duties and obligations of the Members.

Appears in 4 contracts

Samples: Limited Liability Company Agreement (Vine Energy Inc.), Limited Liability Company Agreement (Vine Energy Inc.), Limited Liability Company Agreement (Vine Resources Inc.)

Formation. The Company has been organized as a Delaware limited liability company under the Delaware Limited Liability Company Act (the "Act") by the filing of a Certificate certificate of Formation formation (the "Certificate") under and pursuant to with the ActDelaware Secretary of State.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (Nutone Inc), Limited Liability Company Agreement (Nutone Inc), Limited Liability Company Agreement (Nutone Inc)

Formation. The Company has been organized as a Delaware limited liability company by the filing of a Certificate of Formation (the "Certificate) under and pursuant to the Act.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (Grant Prideco Inc), Limited Liability Company Agreement (Grant Prideco Inc), Limited Liability Company Agreement (Grant Prideco Inc)

Formation. The Company has been organized as a Delaware limited liability company by the filing of a Certificate of Formation (the “Certificate”) under and pursuant to the ActAct by the filing of the Formation Certificate with the Secretary of State of the State of Delaware.

Appears in 3 contracts

Samples: Operating Agreement, Operating Agreement (Jernberg Industries, LLC), Operating Agreement (Jernberg Industries, LLC)

Formation. The Company has been was organized as a Delaware limited liability company by the filing of a Certificate of Formation (as such Certificate of Formation may be amended, supplemented or otherwise modified from time to time, the “Certificate”) under and with the Secretary of State of the State of Delaware pursuant to the ActAct on the Formation Date. This Agreement is adopted and agreed to by the Members to set forth their agreement with respect to the Company’s business and the rights, duties and obligations of the Members.

Appears in 3 contracts

Samples: Interim Investors Agreement, Limited Liability Company Agreement (Sanchez Energy Corp), Interim Investors Agreement (Sanchez Energy Corp)

Formation. The Company has been organized as a Delaware limited liability company Limited Liability Company by the filing of Articles under the Act and the issuance of a Certificate certificate of Formation (organization by the “Certificate”) under and pursuant to the ActSecretary of State of Delaware.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (Starstream Entertainment, Inc.), Limited Liability Company Agreement (Gelia Group, Corp.), Limited Liability Company Agreement (Gelia Group, Corp.)

Formation. The Company has been was organized as a Delaware limited liability company under the Act by the filing of a the Certificate with the Secretary of Formation (State of the “Certificate”) under State of Delaware. All actions by any Member or any authorized person of the Company in making such filing are hereby ratified, adopted and pursuant to the Actapproved.

Appears in 3 contracts

Samples: Limited Liability Company Agreement, Limited Liability Company Agreement, Limited Liability Company Agreement

Formation. The Company has been organized as a Delaware limited liability company by the filing of a Certificate of Formation Formation, dated as of the Effective Date (the “Delaware Certificate”) under and ), with the Secretary of State of Delaware pursuant to the Act.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (NRG Retail LLC), Limited Liability Company Agreement (NRG Retail LLC), Limited Liability Company Agreement (NRG Retail LLC)

Formation. The Company has been organized as a Delaware limited liability company by the filing of a its Certificate of Formation (the “Certificate”) under and pursuant to the Act.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (TC3 Health, Inc.), Limited Liability Company Agreement (TC3 Health, Inc.), Limited Liability Company Agreement (TC3 Health, Inc.)

Formation. The Company has been organized as a Delaware limited liability company by the filing of a Certificate of Formation (the "Certificate") under and pursuant to the Delaware Limited Liability Company Act (as amended from time to time, the "Act").

Appears in 2 contracts

Samples: Operating Agreement (Amen Properties Inc), Operating Agreement (Amen Properties Inc)

Formation. The Company has been was organized as a Delaware limited liability company by the filing of a Certificate of Formation (as may be amended, supplemented or otherwise modified from time to time, the “Certificate”) under and } with the Secretary of State of the State of Delaware pursuant to the ActAct on the Formation Date. This Agreement is adopted and agreed to by the Members to set forth their agreement with respect to the Company’s business and the rights, duties and obligations of the Members.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (SilverSun Technologies, Inc.), Limited Liability Company Agreement (SilverSun Technologies, Inc.)

Formation. The Company has been organized as a Delaware limited liability company by the filing of a Certificate certificate of Formation formation (the “Certificate”) under and pursuant in accordance with the Delaware Limited Liability Company Act, 6 Del. C. Section 18-101, et seq. (as amended from time to time, the Act”).

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Chester Wood Products LLC), Limited Liability Company Agreement (Chester Wood Products LLC)

Formation. The Company has been organized as a Delaware limited liability company by the filing of a Certificate of Formation (the “Certificate”"Certifcate") under and pursuant to the Act.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Kaiser Texas Sierra Micromills LLC), Limited Liability Company Agreement (Kaiser Texas Sierra Micromills LLC)

Formation. The Company has been organized formed as a Delaware limited liability company by the filing of a Certificate certificate of Formation formation (the "Certificate") under and pursuant to Section 18-201 of the ActAct and the filing of a copy of the Certificate in the Office of the Secretary of State of the State of Delaware.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Aes Ironwood LLC), Limited Liability Company Agreement (Aes Red Oak LLC)

Formation. The Company has been organized was formed as a Delaware limited liability company on the Formation Date pursuant to the Act by the filing of a Certificate the Certificate. The Members hereby adopt this Agreement as the Company's limited liability company agreement within the meaning of Formation (the “Certificate”) under and pursuant to the Act.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Limoneira CO), Contribution Agreement (Limoneira CO)

Formation. The Company has been organized formed as a Delaware limited liability company by the filing of a Certificate of Formation (the “Certificate”) with the office of the Delaware Secretary of State as required under and pursuant to the Act. The rights and obligations of the Members shall be as provided in the Act, except as otherwise provided herein.

Appears in 2 contracts

Samples: Limited Liability Company Agreement, Limited Liability Company Agreement (Penson Worldwide Inc)

Formation. The Company has been organized as a Delaware limited liability company by the execution and filing of a the Certificate of Formation by an “authorized person” (as defined in the “Certificate”Act) under and pursuant to the Act. The Members approve and ratify the execution and filing of the Certificate and the Certificate of Amendment.

Appears in 2 contracts

Samples: Operating Agreement (Pebblebrook Hotel Trust), Operating Agreement (Pebblebrook Hotel Trust)

Formation. The Company has been organized as a Delaware limited liability company by the filing of a Amended and Restated Certificate of Formation (the "Certificate") under and pursuant to the Act.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Somerset Power LLC), Limited Liability Company Agreement (Somerset Power LLC)

Formation. The Company has been organized was formed as a Delaware limited liability company by the filing of a the Certificate of on the Formation (the “Certificate”) Date under and pursuant to the Delaware Limited Liability Company Act (as amended from time to time, the “Act”). The Members and the Board of Directors shall execute, deliver and file any other certificates (and any amendments and/or restatements thereof) necessary for the Company to qualify to do business in any jurisdiction in which the Company may wish to conduct business.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Torrance Refining Co LLC), Limited Liability Company Agreement (PBF Finance Corp)

Formation. The Company has been was organized as a Delaware limited liability company by the filing of a Certificate of Formation (as amended, supplemented or otherwise modified from time to time, the “Certificate”) under and with the Secretary of State of the State of Delaware pursuant to the ActAct on the Formation Date.

Appears in 1 contract

Samples: Limited Liability Company Agreement (GMX Resources Inc)

Formation. The Company has been organized as a Delaware limited liability company by the filing of a the Certificate of Formation (the “Certificate”) under and pursuant to the ActAct and the issuance of a certificate of formation for the Company by the Secretary of State of Delaware.

Appears in 1 contract

Samples: Limited Liability Company Agreement (NationsHealth, Inc.)

Formation. The Company has been organized as a Delaware limited liability company by the filing of a Certificate of Formation (the “Certificate”) under and pursuant to the ActAct and the issuance of a certificate of formation for the Company by the Secretary of State of Delaware.

Appears in 1 contract

Samples: Operating Agreement (A.W. Realty Company, LLC)

Formation. The Company has been organized as a Delaware limited liability company by the filing of a the Delaware Certificate and execution of Formation (the “Certificate”) under and pursuant to the ActInitial Agreement as of [·], 20[·].

Appears in 1 contract

Samples: Limited Liability Company Agreement (EQT Corp)

Formation. The Company has been organized as a Delaware limited liability company by the filing of a Certificate of Formation (the "Certificate") in the form attached hereto as Exhibit 2.1 under and pursuant to the Delaware Limited Liability Company Act (as amended from time to time, the "Act").

Appears in 1 contract

Samples: Members Agreement (Bionutrics Inc)

Formation. The Company has been organized as a Delaware limited liability company by the filing of a Certificate of Formation (the “Certificate”) under and pursuant to the Delaware Limited Liability Company Act (6 Del.C. §18-101, et seq.), as amended from time to time (the “Act”).

Appears in 1 contract

Samples: Merger Agreement (Fintech Acquisition Corp. II)

Formation. The Company has been organized as a Delaware limited liability company by the filing of a its Certificate of Formation (the “Certificate”) under and pursuant to the ActAct on May 3, 2011.

Appears in 1 contract

Samples: Limited Liability Company Agreement (TC3 Health, Inc.)

Formation. The Company has been organized as a Delaware limited liability company by the filing of a Certificate of Formation (the "Certificate") under and pursuant to the ActAct and the issuance of a certificate of organization for the Company by the Secretary of State of Delaware.

Appears in 1 contract

Samples: Operating Agreement (Solo Texas, LLC)

Formation. The Company has heretofore been organized as a Delaware limited liability company by the filing of a Certificate of Formation (the "Certificate") with the Secretary of State of the State of Delaware under and pursuant to the Act.

Appears in 1 contract

Samples: Operating Agreement (Maverick Oil & Gas, Inc.)

Formation. The Pursuant to the Act, the Company has been organized as became a Delaware limited liability company by effective upon the filing of a the Certificate of Conversion and Certificate of Formation (the “CertificateCertificates”) under of the Company with the Office of the Secretary of State of the State of Delaware on the date hereof. The terms and pursuant to execution of the ActCertificates are hereby ratified and adopted by the Company.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Rouse Properties, LLC)

Formation. (a) The Company has been organized formed as a Delaware limited liability company by pursuant to the filing of a Certificate of Formation Delaware Limited Liability Company Act (the “CertificateLLC Act”). A certificate of formation of the Company (the “Certificate of Formation”) under and pursuant to was filed with the ActSecretary of State of Delaware on [●], 2010.

Appears in 1 contract

Samples: Limited Liability Company Agreement

Formation. The Company has been organized formed as a Delaware limited liability company by the filing of a Certificate of Formation (the “Certificate”"Certificate of Formation") on April 9, 2001, under and pursuant to the Act.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Kaneb Services LLC)

Formation. The Company has been organized as a Delaware limited liability company by the filing filing, as of October 9, 1998, of a Certificate of Formation (the “Certificate”"CERTIFICATE") under and pursuant to the Delaware Act.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Exco Resources Inc)

Formation. The Company has been organized as shall constitute a Delaware limited liability company by formed pursuant to the filing of a Delaware Limited Liability Company Act (the “Act”). Certificate of Formation (the Certificate”) under has been filed on behalf of the Company with the Delaware Secretary of State in accordance with and pursuant to the Act.

Appears in 1 contract

Samples: Operating Agreement (Bloomfield Bakers, a California Limited Partnership)

Formation. The Company has been organized formed as a Delaware limited liability company by the filing of a Certificate the certificate of Formation (the “Certificate”) formation under and pursuant to the Act.

Appears in 1 contract

Samples: Limited Liability Company Agreement (TGPX Holdings I LLC)

Formation. The Company has been organized as a Delaware limited liability company by the filing of a Certificate of Formation (the “Certificate”) under and pursuant to the Act.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Tidelands Oil & Gas Corp/Wa)

Formation. The Company has been organized formed as a Delaware limited liability company by the filing as a result of a Certificate of Formation (the “Certificate”) conversion from a corporation to a limited liability company under and pursuant to the ActAct and the filing of a certificate of formation (the “Certificate of Formation”) with the Office of the Secretary of State of Delaware. In the event of a conflict between the terms of this Agreement and the Certificate of Formation, the terms of the Certificate of Formation shall prevail.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Chicagoland Television News, LLC)

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Formation. The Company has been organized formed as a Delaware limited liability company pursuant to the provisions of the Delaware Act by the filing of a the Certificate with the Secretary of Formation (State of the “Certificate”) under State of Delaware. Each Member hereby adopts, confirms and pursuant to ratifies the ActCertificate and all acts taken in connection therewith.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Petrohawk Energy Corp)

Formation. The Company has been organized as a Delaware limited liability company under the Delaware Limited Liability Company Act by the filing of a Certificate of Formation (the “Certificate”) under and pursuant to with the Act.Office of the Secretary of State of the State of Delaware. A copy of the Certificate is attached as Exhibit A.

Appears in 1 contract

Samples: Operating Agreement (Carrabba's/Colorado-I, Limited Partnership)

Formation. The Company has been was organized as a Delaware limited liability company by the filing of a Certificate of Formation (the “Certificate”) under and pursuant to the Act.

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement (US Power Generating CO)

Formation. The Company has been organized as a Delaware limited liability company by the filing of a its Certificate of Formation (the “Certificate”) under and pursuant to the Act. To the extent any provlSlon of this Agreement conflicts with any provision of the Certificate of Formation, the provisions of the Certificate of Formation govern.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Tesoro High Plains Pipeline Co LLC)

Formation. The Company has been organized as a Delaware limited liability company by the filing of a Certificate of Formation (the “Certificate”) on August 10, 2016 under and pursuant to the Act.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Dell International L.L.C.)

Formation. The Company has been organized as a Delaware limited liability company by the execution and filing of a the Certificate of Formation by an “authorized person” (as defined in the “Certificate”Act) under and pursuant to the Act. The Members approve and ratify the execution and filing of the Certificate.

Appears in 1 contract

Samples: Operating Agreement (Pebblebrook Hotel Trust)

Formation. The Company LLC has been organized as a Delaware limited liability company by the filing of a Certificate of Formation (the “Certificate”) under and pursuant to the Act.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Grant Prideco Inc)

Formation. The Company has been organized was formed as a Delaware limited liability company by the filing of a the Certificate of on the Formation (the “Certificate”) Date under and pursuant to the Delaware Limited Liability Company Act (as amended from time to time, the “Act.”). X.

Appears in 1 contract

Samples: Limited Liability Company Agreement (PBF Finance Corp)

Formation. The Company has been organized as a Delaware limited liability company by the filing of a Certificate of Formation (the “Certificate) under and pursuant to the Act.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Grant Prideco Inc)

Formation. The Company has been organized as a Delaware limited liability company by the filing of a the Certificate of Formation (the “Certificate”) under and pursuant to the Act. Section 2.2.

Appears in 1 contract

Samples: Limited Liability Company Agreement (National Grid Transco PLC)

Formation. The Company has been organized formed as a Delaware limited liability company by pursuant to the filing provisions of a the Act and upon the terms and conditions set forth in this Agreement and its Certificate of Formation (filed with the “Certificate”) under and pursuant to the ActState of Delaware.

Appears in 1 contract

Samples: Operating Agreement (Environtech Inc.)

Formation. The Company has previously been organized as a Delaware limited liability company by the filing of a Certificate of Formation (the "Certificate") under and pursuant to the Act.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Grant Prideco Finance LLC)

Formation. The Company has been organized as a Delaware limited liability company Limited Liability Company by the filing of Articles wider the Act and the issuance of a Certificate of Formation (by the “Certificate”) under and pursuant to the ActSecretary of State of Delaware.

Appears in 1 contract

Samples: Operating Agreement (Gelia Group, Corp.)

Formation. The Company has been organized as a Delaware limited liability company by the execution and filing of a the Certificate of Formation by an “authorized person” (as defined in the “Certificate”Act) under and pursuant to the Act. The Members approve and ratify the execution and filing of the Certificate and the [Certificate of Amendment] dated as of the date hereof.

Appears in 1 contract

Samples: Operating Agreement (Pebblebrook Hotel Trust)

Formation. The Company has been was organized as a Delaware limited liability company by the filing of a Certificate of Formation (the Organizational Certificate”) under and pursuant to the Act.on

Appears in 1 contract

Samples: Limited Liability Company Agreement

Formation. The Company has been organized will be formed as a Delaware limited liability company by under the Act upon the filing of a the Certificate of Formation (with the “Certificate”) under and pursuant to Office of the ActSecretary of State of the State of Delaware.

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement (Samson Holdings, Inc.)

Formation. The Company has been organized as a Delaware limited liability company by the filing of a its Certificate of Formation (the “Certificate”) under and pursuant to the Act. To the extent any provision of this Agreement conflicts with any provision of the Certificate of Formation, the provisions of the Certificate ofFormation govern.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Tesoro High Plains Pipeline Co LLC)

Formation. The Company has been organized as a Delaware limited liability company by under the filing provisions of a Certificate of Formation (the “Certificate”) under and pursuant to the Act, the Certificate and this Agreement.

Appears in 1 contract

Samples: Operating Agreement (Schermer Robert E Jr)

Formation. The Company has been organized formed as a Delaware limited liability company by the filing of a Certificate of Formation (the “Certificate”"Certificate of Formation") on ________, 2001, under and pursuant to the Act.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Kaneb Services LLC)

Formation. The Company LLC has been organized as a Delaware limited liability company by the filing of a Certificate of Formation (the "Certificate") under and pursuant to the Act.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Grant Prideco Finance LLC)

Formation. The Company has been organized as a Delaware limited liability company by the filing of a Certificate of Formation dated April 3, 2008 (the “Certificate”) with the Secretary of State of the State of Delaware under and pursuant to the Act.

Appears in 1 contract

Samples: Operating Agreement (Rodman & Renshaw Capital Group, Inc.)

Formation. The Company has been organized as a Delaware limited liability company by the filing of a Certificate certificate of Formation formation on [•], 2020 (the "Certificate") under and pursuant in accordance with the Delaware Limited Liability Company Act, 6 Del. C. Section 18-101, et seq. (as amended from time to time, the "Act").

Appears in 1 contract

Samples: Business Combination Agreement (dMY Technology Group, Inc.)

Formation. The Company has been organized as a Delaware limited liability company by the filing of a Certificate of Formation (the “Certificate”) under and pursuant to the Act. Each Person designated by the Board of Managers shall be an “authorized person” within the meaning of the Act to execute any amendments to and/or restatements of the Certificate of Formation.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Nikola Corp)

Formation. The Company has been organized as a Delaware limited liability company by the filing of a the Certificate of Formation (the “Certificate”) under and pursuant to the Act.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Ameren Corp)

Formation. The Company has previously been organized as a Delaware limited liability company by the filing of a Certificate of Formation (the “Certificate”) under and pursuant to the Act.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Grant Prideco Inc)

Formation. The Company has been organized as a Delaware limited liability company by the filing of a its Certificate of Formation (the “Certificate”) under and pursuant to the ActAct on December 26, 2002.

Appears in 1 contract

Samples: Limited Liability Company Agreement (TC3 Health, Inc.)

Formation. The Company has been organized as a Delaware limited liability company by the filing of a Certificate of Formation (the “Certificate”) under and pursuant to the ActLLC Law by the filing of the Certificate of Formation with the Office of the Secretary of State of the State of Delaware as required by the LLC Law. In the event of a conflict between the terms of this Agreement and the Certificate of Formation, the terms of the Certificate of Formation shall prevail.

Appears in 1 contract

Samples: Operating Agreement (George Foreman Enterprises Inc)

Formation. The Company has been organized formed as a Delaware limited liability company by the filing of a Certificate of Formation (the “Certificate”"Certificate of Formation") on September 1, 1998, under and pursuant to the Act.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Mariner Energy LLC)

Formation. The Company has been organized was formed as a Delaware limited liability company by the filing of a Certificate of Formation (the "Certificate") under and pursuant to the Act.

Appears in 1 contract

Samples: Operating Agreement (Gse Systems Inc)

Formation. The Company has been organized as a Delaware limited liability company by the filing of a the Certificate of Formation (the "Certificate") under and pursuant to the Act.

Appears in 1 contract

Samples: Operating Agreement (Numerex Corp /Pa/)

Formation. The Company has been organized formed as a Delaware limited --------- liability company by the filing of a Certificate of Formation (the "Certificate") under and pursuant to the Act.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Dorchester Minerals Lp)

Formation. The Company has been organized as a Delaware limited liability company by the filing of a Certificate of Formation (as amended from time to time, the “Certificate”) under and with the Secretary of State of Delaware pursuant to the Act.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Main Street Capital CORP)

Formation. The Company has been organized formed as a Delaware limited liability company pursuant to the provisions of the Act by the filing of a the Certificate of Formation (with the “Certificate”) under Secretary of State of the State of Delaware. Each member hereby adopts, confirms and pursuant to ratifies the ActCertificate of Formation and all acts taken in connection therewith.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Marketwatch Com Inc)

Formation. The Company has been organized as a Delaware limited liability company as of the date of the filing of the Certificate by the filing of a the Certificate of Formation (the “Certificate”) under and pursuant to the ActAct and by entering into this Agreement.

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement (Henry Bros. Electronics, Inc. / VA)

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