Common use of Certificate of Formation and Limited Liability Company Agreement Clause in Contracts

Certificate of Formation and Limited Liability Company Agreement. The certificate of formation and limited liability company agreement of Acquiror as in effect immediately prior to the Effective Time shall be the certificate of formation and limited liability company agreement of Surviving Entity until thereafter changed or amended as provided therein or by applicable law.

Certificate of Formation and Limited Liability Company Agreement. (a) The certificate Certificate of formation and limited liability company agreement Formation of Acquiror Acquisition 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 Company until thereafter changed or amended as provided therein or by applicable law; provided that Article I thereof shall be amended to provide that the name of the Surviving Company is “Calence, LLC.”

Certificate of Formation and Limited Liability Company Agreement. (a) The certificate of formation of the Company will be amended and limited liability company agreement of Acquiror as in effect restated immediately prior to following the Effective Time shall as set forth in the Certificate of Merger and, as so amended, will be the certificate of formation and limited liability company agreement of the Surviving Entity Company until thereafter changed or amended as provided therein or by in accordance with the provisions thereof and applicable lawLegal Requirements.

Certificate of Formation and Limited Liability Company Agreement. (a) The certificate Certificate of formation and limited liability company agreement Formation of Acquiror Sub, as in effect immediately prior to at the Effective Time of the Merger, shall be the certificate Certificate of formation and limited liability company agreement Formation of the Surviving Entity Company until thereafter changed or amended as provided therein or by applicable law.; provided that such Certificate of Formation shall be amended immediately subsequent to the Effective Time of the Merger to change the name of Sub to Crystal Holding, L.L.C.

Certificate of Formation and Limited Liability Company Agreement. The From and after the Effective Time, (a) the certificate of formation and limited liability company agreement of Acquiror the Company, as in effect immediately prior to the Effective Time Time, shall be the certificate of formation of the Surviving Company until amended in accordance with the provisions thereof and applicable Law and (b) the limited liability company agreement of the Sub, as in effect immediately prior to the Effective Time, shall be the limited liability company agreement of the Surviving Entity Company until thereafter changed or amended as provided therein or by in accordance with the provisions thereof and applicable lawLaw.

Certificate of Formation and Limited Liability Company Agreement. The certificate Company Certificate of formation and Formation shall be the Certificate of Formation of the Surviving Company until thereafter changed or amended as provided therein or by applicable law. The limited liability company agreement of Acquiror Merger Sub, as in effect immediately prior to the Effective Time Merger, shall be the certificate Limited Liability Company Agreement of formation and limited liability company agreement of the Surviving Entity Company until thereafter changed or amended as provided therein or by applicable law.

Certificate of Formation and Limited Liability Company Agreement. The certificate of formation and of the Company, as in effect immediately prior to the Effective Time, shall be the certificate of formation of the Surviving Company until thereafter changed or amended as provided therein or by applicable Law. The limited liability company agreement of Acquiror the 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 Company (except that the name of the Surviving Company shall be “Railroad Acquisition Holdings LLC”) until thereafter changed or amended as provided therein or by applicable lawLaw.