Organizational Documents of the Surviving Entity. At the Effective Time, the certificate of formation and limited liability company agreement of Merger Sub, as in effect immediately prior to the Effective Time, shall be the certificate of formation and limited liability company agreement of the Surviving Entity, until thereafter supplemented or amended as provided therein and in accordance with applicable Law and the applicable provisions of the certificate of formation and limited liability company agreement of Merger Sub (but subject to Section 7.4(b)(ii)).
Appears in 2 contracts
Samples: Merger Agreement (Chesapeake Lodging Trust), Merger Agreement (Park Hotels & Resorts Inc.)
Organizational Documents of the Surviving Entity. At Subject to Section 6.10, at the Effective Time, the certificate of formation and limited liability company agreement of Merger Sub, as in effect immediately prior to the Effective Time, shall be the certificate of formation and limited liability company agreement of the Surviving Entity, until thereafter supplemented or amended as provided therein and in accordance with applicable Law and the applicable provisions of the such certificate of formation and limited liability company agreement of Merger Sub (but subject to Section 7.4(b)(ii))agreement.
Appears in 2 contracts
Samples: Merger Agreement (Cole Real Estate Investments, Inc.), Merger Agreement (American Realty Capital Properties, Inc.)
Organizational Documents of the Surviving Entity. At Unless otherwise determined by Parent prior to the Effective Time, at the Effective Time, without any further action on the part of the Company or Merger Sub, the certificate of formation and the limited liability company agreement of Merger Sub, as in effect immediately prior to the Effective Time, shall be the certificate of formation and the limited liability company agreement of the Surviving Entity, until thereafter supplemented or amended as provided therein and in accordance with applicable Law and the applicable provisions of the such certificate of formation and limited liability company agreement of Merger Sub (but subject to agreement.β
f. Section 7.4(b)(ii)).2.7
Appears in 1 contract
Samples: Agreement and Plan of Merger (Investors Capital Holdings LTD)
Organizational Documents of the Surviving Entity. At the Effective Time, without any further action on the part of the Company or Merger Sub, the certificate of formation and limited liability company agreement of Merger Sub, as in effect immediately prior to the Effective Time, shall be the certificate of formation and limited liability company agreement of the Surviving Entity, until thereafter supplemented or amended as provided therein and in accordance with applicable Law and the applicable provisions of the such certificate of formation and limited liability company agreement of Merger Sub (but subject to Section 7.4(b)(ii))agreement.
Appears in 1 contract
Samples: Merger Agreement (Summit Financial Services Group Inc)
Organizational Documents of the Surviving Entity. At Unless otherwise determined by Parent prior to the Effective Time, at the Effective Time, without any further action on the part of the Company or Merger Sub, the certificate of formation and the limited liability company agreement of Merger Sub, as in effect immediately prior to the Effective Time, shall be the certificate of formation and the limited liability company agreement of the Surviving Entity, until thereafter supplemented or amended as provided therein and in accordance with applicable Law and the applicable provisions of the such certificate of formation and limited liability company agreement of Merger Sub (but subject to Section 7.4(b)(ii))agreement.β
Appears in 1 contract