Upstream Merger Sub definition

Upstream Merger Sub has the meaning set forth in the preamble.

Upstream Merger Sub means HA Merger Sub III LLC, a Maryland limited liability company and a wholly owned subsidiary of the Parent.

Examples of Upstream Merger Sub in a sentence

• The Owner shall not take or fail to take, or agree or commit to take or fail to take, any action that would reasonably be expected to, individually or in the aggregate, prevent, materially delay or materially impede the approval and adoption by Upstream Merger Sub of an amended and restated limited liability company agreement of Xxxxxx LLC substantially in the form set forth on Exhibit B of this Agreement to replace the Existing LLC Agreement.

• Unless otherwise determined by the Parent, the managers, directors and officers, if any, of Upstream Merger Sub in office or position immediately prior to the Closing shall remain in such office or position following the Closing, in each case until their respective successors are duly elected or appointed or until their earlier death, resignation or removal.

• Fund III shall not take or fail to take, or agree or commit to take or fail to take, any action that would reasonably be expected to, individually or in the aggregate, prevent, materially delay or materially impede the approval and adoption by Upstream Merger Sub of an amended and restated limited liability company agreement of Xxxxxx LLC substantially in the form set forth on Exhibit B of this Agreement to replace the Existing LLC Agreement.