Common use of The Certificate of Formation Clause in Contracts

The Certificate of Formation. The certificate of formation of Merger Sub as in effect immediately prior to the Effective Time shall be the certificate of formation of the Surviving Entity (the “Certificate of Formation”), until duly amended as provided therein or by applicable law.

Appears in 2 contracts

Samples: Merger Agreement (Occidental Petroleum Corp /De/), Merger Agreement (Vintage Petroleum Inc)

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The Certificate of Formation. The At the Effective Time, the certificate of formation of Merger Sub as in effect immediately prior to the Effective Time execution of this Agreement shall be the certificate of formation of the Surviving Entity (the “Certificate of Formation”)Company, until duly thereafter amended as provided therein or and/or by applicable lawLaw.

Appears in 2 contracts

Samples: Merger Agreement (Nextera Energy Inc), Merger Agreement (Energy Future Intermediate Holding CO LLC)

The Certificate of Formation. The certificate of formation of Merger Sub as in effect immediately prior to the Effective Time shall be the certificate of formation of the Surviving Entity (the “Certificate of Formation”), until duly thereafter amended as provided therein or by applicable lawLaw (as defined in Section 5.1(j)), except that the Certificate of Formation shall be amended to change the name of the Surviving Entity to “USF LLC”.

Appears in 2 contracts

Samples: Merger Agreement (Usf Corp), Merger Agreement (Yellow Roadway Corp)

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The Certificate of Formation. The At the Effective Time, the certificate of formation of Merger Sub as in effect immediately prior to the Effective Time shall be the certificate of formation of the Surviving Entity (the “Certificate of Formation”)) of the Surviving Company, until duly thereafter amended as provided therein or by applicable lawLaw, except that Section 1 of the Certificate of Formation shall be amended in its entirety to read as follows: “The name of the limited liability company is DIRECTV.

Appears in 2 contracts

Samples: Merger Agreement (Directv), Merger Agreement (At&t Inc.)

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