Organizational Documents of the Surviving Company. At the Effective Time, the certificate of formation of the Company shall become the certificate of formation of the Surviving Company and the limited liability company agreement of the Company shall be amended and restated in the form attached hereto as Exhibit F (the “Surviving Company Amended and Restated Limited Liability Company Agreement”), which shall become the limited liability company agreement of the Surviving Company, in each case until thereafter amended in accordance with the DLLCA and as provided in such certificate of formation or limited liability company agreement, as applicable.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Thunder Bridge Acquisition LTD), Agreement and Plan of Merger (Thunder Bridge Acquisition LTD), Agreement and Plan of Merger (Thunder Bridge Acquisition LTD)
Organizational Documents of the Surviving Company. At the Effective Time, the The certificate of formation of the Company shall become the certificate of formation of the Surviving Company and the limited liability company agreement of the Company shall be amended and restated in the form attached hereto as Exhibit F (the “Surviving Company Amended and Restated Limited Liability Company Agreement”), which shall become the limited liability company agreement of the Surviving CompanyCompany shall be the certificate of formation and limited liability company agreement of Merger Sub as in effect immediately prior to the Effective Time, in each case until thereafter duly amended in accordance with the DLLCA terms thereof and as provided in such certificate of formation or limited liability company agreement, as applicableapplicable law.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (SWS Group Inc), Agreement and Plan of Merger (Hilltop Holdings Inc.)
Organizational Documents of the Surviving Company. At As of the Effective Time, (i) the certificate of formation of the Company then in effect shall become be the certificate of formation of the Surviving Company until amended in accordance with applicable Law, and (ii) the limited liability company agreement of the Surviving Company shall be amended and restated in the form attached hereto as Exhibit F (of the “Surviving Company Fifth Amended and Restated Limited Liability Company Agreement”)LLCA and, which as so amended and restated, shall become be the limited liability company agreement of the Surviving Company, in each case Company until thereafter amended in accordance with the DLLCA and as provided in such certificate of formation or limited liability company agreement, as applicableapplicable Law.
Appears in 1 contract
Organizational Documents of the Surviving Company. At the Effective Time, the certificate of formation of the Company shall become the certificate of formation of the Surviving Company and the limited liability company agreement of the Surviving Company shall be amended and restated to be in the form attached hereto as Exhibit F (of the “Surviving Company Amended certificate of formation and Restated Limited Liability Company Agreement”), which shall become the limited liability company agreement of Merger Sub as of the Surviving Company, in each case date of this Agreement until thereafter amended in accordance with the DLLCA and as provided in such certificate of formation or and the limited liability company agreementagreement are thereafter amended and restated, as applicable.subject to Section 7.12(a), in accordance with their respective terms and applicable Law, except that the name of the Surviving Company shall be ICD Operating LLC. 2.5
Appears in 1 contract
Samples: Execution Copy Agreement and Plan of Merger (Independence Contract Drilling, Inc.)
