Common use of Formation Clause in Contracts

Formation. The Member has previously formed the Company as a limited liability company pursuant to the provisions of the Act. A certificate of formation for the Company as described in Section 18-201 of the Act (the “Certificate of Formation”) has been filed in the Office of the Secretary of State of the State of Delaware in conformity with the Act.

Appears in 17 contracts

Samples: Limited Liability Company Agreement (PJC Manchester Realty LLC), Limited Liability Company Agreement (PJC Manchester Realty LLC), Limited Liability Company Agreement (PJC Manchester Realty LLC)

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Formation. The Member has previously formed the Company as a limited liability company pursuant to the provisions of the Act. A certificate of formation for the Company as described in Section 18-201 of the Act (the "Certificate of Formation") has been filed in the Office of the Secretary of State of the State of Delaware in conformity with the Act.

Appears in 13 contracts

Samples: Limited Liability Company Agreement (Fortress Investment Group Holdings LLC), Limited Liability Company Agreement (Barton Protective Services LLC), Limited Liability Company Agreement (Barton Protective Services LLC)

Formation. The Member has previously formed caused the Company to be formed as a limited liability company pursuant to the provisions of the Act. A certificate Certificate of formation Formation for the Company as described in Section 18-201 of the Act (the "Certificate of Formation") has been filed in the Office of the Secretary of State of the State of Delaware in conformity with the Act. Express authorization is hereby given to Xxxxx X. Xxxxx for the exclusive purpose of executing the Certificate of Formation of the Company which has been filed in the Office of the Secretary of State of Delaware.

Appears in 12 contracts

Samples: Limited Liability Company Agreement (Huntsman Polymers Corp), Limited Liability Company Agreement (Huntsman Polymers Corp), Limited Liability Company Agreement (Huntsman Texas Holdings LLC)

Formation. The Member has previously formed the Company as a limited liability company pursuant to the provisions of the Act. A certificate Certificate of formation Formation for the Company as described in Section 18-201 of the Act (the "Certificate of Formation") has been filed in the Office of the Secretary of State of the State of Delaware in conformity with the Act.

Appears in 7 contracts

Samples: Limited Liability Company Agreement (Armkel LLC), Limited Liability Company Agreement (Armkel LLC), Limited Liability Company Agreement (Armkel LLC)

Formation. The Member previously has previously formed the Company as a limited liability company pursuant to the provisions of the Act. A certificate Certificate of formation Formation for the Company as described in Section 18-201 of the Act (the "Certificate of Formation") has been filed on behalf of the Member in the Office of the Secretary of State of the State of Delaware in conformity with the Act. All actions taken by Xxxxxxx X. Xxxxxx and any other person who executed or filed the Certificate of Formation or took other actions in connection with the formation of the Company hereby are adopted and ratified in all respects.

Appears in 6 contracts

Samples: Limited Liability Company Agreement (MRS Fields Financing Co Inc), Limited Liability Company Agreement (MRS Fields Financing Co Inc), Limited Liability Company Agreement (MRS Fields Financing Co Inc)

Formation. The Member has previously formed member hereby forms the Company as a limited liability company pursuant to the provisions of the Act. A certificate Certificate of formation for the Company as Formation described in Section 18-201 18.201 of the Act (the “Certificate of Formation”) has been filed in the Office of with the Secretary of State of the State of Delaware in conformity with the Act.

Appears in 5 contracts

Samples: Limited Liability Company Operating Agreement (Travelport Holdings, LLC /DE/), Operating Agreement (S.D. Shepherd Systems, Inc.), Limited Liability Company Agreement (S.D. Shepherd Systems, Inc.)

Formation. The Member has previously formed the Company as a limited liability company pursuant to the provisions of the Act. A certificate Certificate of formation Formation for the Company as described in Section 18-201 of the Act (the “Certificate of Formation”) has been filed in the Office of the Secretary of State of the State of Delaware in conformity with the Act.

Appears in 4 contracts

Samples: Limited Liability Company Agreement (Nuverra Environmental Solutions, Inc.), Limited Liability Company Agreement (Nuverra Environmental Solutions, Inc.), Limited Liability Company Agreement (Badlands Power Fuels, LLC)

Formation. The Member has previously formed the Company as a limited liability company pursuant to the provisions of the Act. A certificate Certificate of formation Formation for the Company as described in Section 18-201 of the Act (the “Certificate of Formation”) has been filed in the Office of with the Secretary of State of the State of Delaware in conformity with the Act.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (TRAC Intermodal LLC), Limited Liability Company Agreement (TRAC Intermodal LLC), Limited Liability Company Agreement (TRAC Intermodal LLC)

Formation. The Member has Company was previously formed the Company as a limited liability company pursuant to the provisions of the Act. A certificate of formation for the Company as described in Section 18-201 of the Act (the “Certificate of Formation”) has been filed in the Office of the Secretary of State of the State of Delaware in conformity with the Act.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (PJC Manchester Realty LLC), Limited Liability Company Agreement (PJC Manchester Realty LLC), Limited Liability Company Agreement (Caribetex, Inc.)

Formation. The Member has previously Company was formed the Company as a limited liability company pursuant to under the provisions of the Act. A certificate Act by the filing on December 3, 2002 of formation for the Company as described in Section 18-201 a Certificate of the Act Formation (the “Certificate of Formation”) has been filed in the Office of with the Secretary of State of the State of Delaware Delaware. The rights and liabilities of the Member shall be as provided in conformity with the Act, except as is otherwise expressly provided herein.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Diamond Offshore Drilling, Inc.), Limited Liability Company Agreement (Diamond Offshore Drilling, Inc.)

Formation. The Member has Members have previously formed the Company as a limited liability company pursuant to the provisions of the Act. A certificate of formation for the Company as described in Section 18-201 of the Act (the “Certificate of Formation”) has been filed in the Office of the Secretary of State of the State of Delaware in conformity with the ActAct (such filing being hereby ratified and confirmed in all respects).

Appears in 2 contracts

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

Formation. The Member has previously formed the Company as a limited liability company pursuant to the provisions of the Act. A certificate of formation for the Company as described in Section 18-201 of the Act (the "Certificate of Formation") has been filed in the Office of the Secretary of State of the State of Delaware in conformity with the Act. The Member authorized Xxxx Xxxxxxx to file the Certificate of Formation with the Secretary of State of the State of Delaware on behalf of the Company.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (TRW Automotive Inc), Limited Liability Company Agreement (TRW Automotive Inc)

Formation. The Member has previously formed the Company as a limited liability company pursuant to the provisions of the Act. A certificate of formation for the Company as described in Section 18-201 of the Act (the "Certificate of Formation") has been filed in the Office of the Secretary of State of the State of Delaware in conformity with the Act. The Member authorized Xxxx X. Xxxxx to file the Certificate of Formation with the Secretary of State of the State of Delaware on behalf of the Company.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (TRW Automotive Inc), Limited Liability Company Agreement (TRW Automotive Inc)

Formation. The Member has previously formed the Company as a limited liability company pursuant to the provisions of the Act. A certificate Certificate of formation for the Company as Formation described in Section 18-201 of the Act (the “Certificate of Formation”) has been filed in the Office of with the Secretary of State of the State of Delaware in conformity with the Act.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Anywhere Real Estate Group LLC), Limited Liability Company Agreement (Realogy Holdings Corp.)

Formation. The Member has previously formed the Company as a limited liability company pursuant to the provisions of the Act. A certificate Certificate of formation Formation for the Company as described in Section 18-201 of the Act (the "Certificate of Formation") has been filed in the Office of the Secretary of State of the State of Delaware in conformity with the Act. Express authorization is hereby given to Xxxxxxx X. Xxxxxx for the exclusive purpose of executing the Certificate of Formation of the Company which has been filed in the Office of the Secretary of State of Delaware.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Fah Co Inc), Limited Liability Company Agreement (Fah Co Inc)

Formation. The Member has previously formed hereby forms the Company as a limited liability company pursuant to the provisions of the Act. A certificate Certificate of formation for the Company as Formation described in Section 18-201 18.201 of the Act (the "Certificate of Formation") has been filed in the Office of with the Secretary of State of the State of Delaware in conformity with the Act.

Appears in 2 contracts

Samples: Limited Liability Company Operating Agreement (Wizard Co., Inc.), Limited Liability Company Operating Agreement (Wizard Co., Inc.)

Formation. The Member has previously Company was formed the Company as a limited liability company pursuant to the provisions of the Act. A certificate of formation for the Company as described in Section 18-201 of the Act (the “Certificate of Formation”) has been filed in the Office of the Secretary of State of the State of Delaware in conformity with the Act. The Initial Member hereby ratifies and confirms the authority of Xxxxxx X. Xxxxxxx as an authorized person within the meaning of Sections 18-201 and 18-204 of the Act to execute the Certificate of Formation and to cause it to be so filed.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (CPI International, Inc.), Limited Liability Company Agreement (CPI International, Inc.)

Formation. The Member has previously formed hereby forms the Company as a limited liability company pursuant to the provisions of the Act. A certificate Certificate of formation for the Company as Formation described in Section 18-201 18.201 of the Act (the “Certificate of Formation”) has been filed in the Office of with the Secretary of State of the State of Delaware in conformity with the Act.

Appears in 2 contracts

Samples: Operating Agreement (S.D. Shepherd Systems, Inc.), Operating Agreement (S.D. Shepherd Systems, Inc.)

Formation. The Member Company has previously formed the Company been organized as a limited liability company pursuant to the provisions of the Act. A certificate of formation for the Company as described in Section 18-201 of the Act (the "Certificate of Formation") has been filed in the Office of the Secretary of State of the State of Delaware in conformity with the Act.

Appears in 2 contracts

Samples: Operating Agreement (Dresser-Rand Group Inc.), Operating Agreement (Dresser-Rand Group Inc.)

Formation. The Member has previously formed the Company as a limited liability company pursuant company, subject to the provisions of the Act. A certificate The creation of formation for the Company as described in Section 18-201 became effective upon the filing of the Act (the “original Certificate of Formation”) has been filed in the Office of Formation with the Secretary of State of the State of Delaware in conformity Delaware. The Member shall execute such further documents (including amendments to the Certificate of Formation) and take such further action as is appropriate to comply with the Actrequirements of law for the formation or operation of a limited liability company in all states and countries where the Company may conduct its Business.

Appears in 1 contract

Samples: Operating Agreement (Valley Telephone Co., LLC)

Formation. The Member has Company previously was formed the Company as a limited liability company pursuant to the provisions of the Act. A certificate Certificate of formation Formation for the Company as described in Section 18-201 of the Act (the "Certificate of Formation") previously has been filed in the Office of the Secretary of State of the State of Delaware in conformity with the Act.

Appears in 1 contract

Samples: Limited Liability Company Agreement (MRS Fields Financing Co Inc)

Formation. The Member Company has previously been formed the Company as a limited liability company pursuant to the provisions of the Act. A certificate of formation for the Company as described in Section 18-201 of the Act (the “Certificate of Formation”) has been filed in the Office of the Secretary of State of the State of Delaware in conformity with the Act.

Appears in 1 contract

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

Formation. The Member Xxxxxxxx Xxxxxx has previously formed caused the formation of the Company as a limited liability company pursuant to the provisions of the Act. A certificate of formation for the Company as described in Section 18-201 of the Act (the “Certificate of Formation”) has been filed in the Office of the Secretary of State of the State of Delaware in conformity with the Act.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Fresenius Kabi Pharmaceuticals Holding, LLC)

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Formation. The Member has Company was previously formed the Company as a limited liability company pursuant to the provisions of the Act. A certificate Certificate of formation Formation for the Company as described in Section 18-201 of the Act (the "Certificate of Formation") has been filed in the Office of the Secretary of State of the State of Delaware in conformity with the Act.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Builders FirstSource of Nashville, Inc.)

Formation. The Member has Company was previously formed the Company as a limited liability company pursuant to the provisions of the Act. A certificate of formation for the Company as described in Section 18-201 of the Act (the "Certificate of Formation") has been filed in the Office of the Secretary of State of the State of Delaware in conformity with the Act.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Wizard Co., Inc.)

Formation. The Member has previously formed the Company as a limited liability company pursuant to the provisions of the Act. A certificate of formation for the Company as described in Section 18-201 of the Act (the “Certificate of Formation”) has been filed in the Office of the Secretary of State of the State of Delaware in conformity with the Act. In the event of a conflict between the terms of the Agreement and the Certificate of Formation, the terms of the Certificate of Formation shall prevail.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Solo Cup Owings Mills Holdings)

Formation. The Concurrently with the execution of this Agreement, the Member has previously formed the Company as a limited liability company pursuant to the provisions of the Act. A certificate of formation for the Company as described in Section 18-201 of the Act (the “Certificate of Formation”) has been executed and filed in the Office of the Secretary of State of the State of Delaware in conformity with the Act., by the authorized person listed in the “LLC Execution Authorization” attached hereto as Exhibit A.

Appears in 1 contract

Samples: Merger Agreement (Textron Inc)

Formation. The Member has previously formed the Company as a limited liability company pursuant to the provisions of the Act. A certificate of formation for the Company as described in Section 18-201 20I of the Act (the “Certificate of Formation”) has been filed tiled in the Office of the Secretary of State of the State of Delaware in conformity with the Act.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Ply Gem Holdings Inc)

Formation. The Member has previously formed the Company as a limited liability company pursuant to the provisions of the Act. A certificate of formation for the Company as described in Section 18-201 of the Act (the "Certificate of Formation") has been filed in the Office of the Secretary of State of the State of Delaware in conformity with the Act.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Quinlan Jim Chevrolet Co)

Formation. The Member has previously formed the Company as a limited liability company pursuant to the provisions of the Act. A certificate Certificate of formation Formation for the Company as described in Section 18-201 of the Act (the "Certificate of Formation") has been filed in the Office of the Secretary of State of the State of Delaware in conformity with the Act. Express authorization is hereby given to Xxxxxx X. Xxxxxx for the exclusive purpose of executing the Certificate of Formation of the Company which has been filed in the Office of the Secretary of State of the State of Delaware.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Edison Mission Energy)

Formation. The Member Company has previously been formed the Company as a limited liability company pursuant to the provisions of the Act. A certificate Certificate of formation for the Company as Formation described in Section 18-201 of the Act (the “Certificate of Formation”"CERTIFICATE OF FORMATION") has been filed in by Xxxx X. Xxxxx, who was authorized to sign and file the Office Certificate of Formation, with the Secretary of State of the State of Delaware in conformity with the Act. The name of the Company is "HUNTSMAN INTERNATIONAL LLC" or such other name or names as may be selected by the Members from time to time.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Huntsman International LLC)

Formation. The Member has previously formed the Company as a limited liability company pursuant to the provisions of the Act. A certificate of formation for the Company as described in Section 18-201 of the Act (the "Certificate of Formation") has been filed in the Office of the Secretary of State of the State of Delaware in conformity with the Act. Express authorization is hereby given to Eric Kolodner for the exclusive purpose of executing the Certificate xx Xxxxxxxxx of the Company which has been filed in the Office of the Secretary of State of Delaware.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Biltmore Surgery Center Holdings Inc)

Formation. The Member has previously formed the Company as a limited liability company pursuant to the provisions of the Act. A certificate of formation for the Company as described in Section 18-201 of the Act (the “Certificate of Formation”) has been filed in the Office of the Secretary of State of the State of Delaware in conformity with the Act. The Certificate of Formation was filed by an “authorized person” for such purpose within the meaning of the Act, which filing is hereby authorized and ratified in all respects.

Appears in 1 contract

Samples: Limited Liability Company Agreement (NCR Atleos, LLC)

Formation. The Member has previously Company was formed the Company as a limited liability company pursuant to the provisions of the Act. A certificate of formation for Act on [________], 200[__], by the Company as described in Section 18-201 filing of the Act (the “Certificate of Formation”) has been filed in Formation with the Office office of the Secretary of State of the State Delaware. The Initial Member hereby adopts, confirms and ratifies said Certificate of Delaware Formation and all acts taken in conformity with the Actconnection therewith.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Cef Equipment Holding LLC)

Formation. The Member has previously formed the Company as a limited liability company pursuant to the provisions of the Act. A certificate of formation for the Company as described in Section 18-201 of the Act (the "Certificate of Formation") has been filed in the Office of the Secretary of State of the State of Delaware in conformity with the Act. Express authorization is hereby given to Xxxxx X. Xxxxxx for the exclusive purpose of executing the Certificate of Formation of the Company which has been filed in the Office of the Secretary of State of Delaware.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Biltmore Surgery Center Holdings Inc)

Formation. The Member has previously Company was formed the Company as a limited liability company pursuant to the provisions of the Act. A certificate of formation for the Company as described in Section 18-201 of the Act (the “Certificate of Formation”) has been filed in the Office of the Secretary of State of the State of Delaware in conformity with the Act.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Dynatrace Holdings LLC)

Formation. The Managing Member has previously formed the Company as a limited liability company pursuant to the provisions of the Act. A certificate of formation for the Company as described in Section 18-201 of the Act (the "Certificate of Formation") has been filed in the Office of the Secretary of State of the State of Delaware in conformity with the Act. Express authorization was given to Axxxx Xx for the exclusive purpose of executing the Certificate of Formation.

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement (Sequential Brands Group, Inc.)

Formation. The Member Company has previously been formed the Company as a limited liability company pursuant to the provisions of the Act. A certificate Certificate of formation for the Company as Formation described in Section 18-201 of the Act (the "Certificate of Formation") has been filed in by a person authorized to sign and file the Office Certificate of Formation, with the Secretary of State of the State of Delaware in conformity with the Act.. The name of the Company is "HUNTSMAN INTERNATIONAL LLC" or such other name or names as may be selected by the Members from time to time. ARTICLE II

Appears in 1 contract

Samples: Limited Liability Company Agreement (Huntsman Advanced Materials LLC)

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