Certificate of Formation. The certificate of formation of Merger Sub in effect at the Effective Time shall be the certificate of formation of the Surviving Company until amended in accordance with applicable Law.
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Samples: Purchase Agreement and Plan of Merger (KMG Chemicals Inc), Stock Purchase Agreement and Agreement and Plan of Merger (PERRIGO Co PLC), Purchase Agreement and Plan of Merger (Arcosa, Inc.)
Certificate of Formation. The certificate Certificate of formation Formation of Merger Sub in effect at immediately prior to the Effective Time shall be the certificate Certificate of formation Formation of the Surviving Company at and after the Effective Time until thereafter amended in accordance with applicable Lawthe terms thereof and the TBOC.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Meridian Resource Corp), Agreement and Plan of Merger (Alta Mesa Energy LLC)
Certificate of Formation. The At the Effective Time, the certificate of formation of Merger Sub as in effect at immediately prior to the Effective Time shall be the certificate of formation of the Surviving Company Company, until thereafter changed or amended in accordance with as provided therein or by applicable Lawlaw.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Horizon Offshore Inc), Agreement and Plan of Merger (Cal Dive International, Inc.)
Certificate of Formation. The certificate Pursuant to the Merger, the Certificate of formation Formation of Merger Sub in effect at immediately prior to the Effective Time shall be the certificate Certificate of formation Formation of the Surviving Company Entity until thereafter changed or amended in accordance with applicable Lawthe Limited Liability Company Agreement of the Surviving Entity and the DLLCA.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Stone Energy Corp), Agreement and Plan of Merger (Bois D Arc Energy, Inc.)
Certificate of Formation. The certificate of formation of Merger Sub in effect at the Effective Time shall be the certificate of formation of the Surviving Company until after the Effective Date, and thereafter may be amended in accordance with applicable Lawas provided therein or by law.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Level 3 Communications Inc)
Certificate of Formation. The certificate of formation of Merger Sub in effect at immediately prior to the Effective Time Time, as amended by the Certificate of Merger, shall be become the certificate of formation of the Surviving Company until amended in accordance with applicable Law.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Organogenesis Holdings Inc.)
Certificate of Formation. The certificate At the Effective Time, the Certificate of formation Formation of Merger Sub Sub, as in effect at the Effective Time Time, shall be the certificate Certificate of formation Formation of the Surviving Company until amended in accordance with applicable LawCompany.
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Certificate of Formation. The certificate Subject to the terms and conditions of formation of Merger Sub in effect this Agreement, at the Effective Time Time, the Certificate of Formation of Merger Sub, as then amended (the “Certificate of Formation”), shall be the certificate Certificate of formation Formation of the Surviving Company until thereafter amended in accordance with applicable Lawlaw.
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Certificate of Formation. The Certificate of Merger shall provide that, at the Effective Time and without any action on the part of Merger Sub or the Company, the certificate of formation of Merger Sub the Company, as in effect at the Effective Time Time, shall be the certificate of formation of the Surviving Company until amended or repealed in accordance with the provisions thereof and applicable LawLegal Requirements.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Evolent Health, Inc.)
Certificate of Formation. The Except as otherwise provided in the Certificate of Merger, the certificate of formation of Merger Sub as in effect at immediately prior to the Effective Time shall be the certificate of formation of the Surviving Company Entity until thereafter amended in accordance with the provisions thereof and applicable Law.
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Certificate of Formation. The From and after the Effective Time, the certificate of formation of Merger Sub Sub, as in effect at immediately prior to the Effective Time Time, shall be the certificate of formation of the Surviving Company Entity until thereafter amended in accordance with the provisions thereof and applicable Law, in each case consistent with the obligations set forth in Section 6.6.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Sovran Self Storage Inc)
Certificate of Formation. The At the Effective Time, subject to the provisions of Section 6.10(a), the certificate of formation of Merger Sub as in effect at immediately prior to the Effective Time Merger shall be the certificate of formation of the Surviving Company until thereafter changed or amended as provided therein or in accordance with the applicable Lawprovisions of the DLLCA.”
Appears in 1 contract
Samples: Agreement and Plan of Merger (Vitamin Shoppe, Inc.)
Certificate of Formation. The certificate Pursuant to the Merger, the Certificate of formation Formation of Merger Sub Sub, as in effect at immediately prior to the Effective Time Time, shall be the certificate Certificate of formation Formation of the Surviving Company Entity until thereafter changed or amended in accordance with as provided therein or by applicable Law.
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Certificate of Formation. The certificate of formation of Merger Sub in effect at the Effective Time shall be the certificate of formation of the Surviving Company until amended in accordance with applicable Law, except that the name of the Surviving Company shall be “WLTR Holdings, LLC”.
Appears in 1 contract
Samples: Limited Liability Company Agreement (TELUS International (Cda) Inc.)
Certificate of Formation. The certificate Certificate of formation Formation of Merger Sub LLC in effect at the Effective Time shall be the certificate of formation of the Surviving Company LLC until amended in accordance with applicable Lawlaw and this Agreement.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Full House Resorts Inc)
Certificate of Formation. The certificate of formation (as the equivalent corporate documents to the Company’s memorandum of continuance) of Merger Sub (the “Certificate of Formation”) in effect at the Effective Time shall be the certificate of formation of the Surviving Company until amended in accordance with applicable Law.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Transatlantic Petroleum Ltd.)
Certificate of Formation. The certificate Certificate of formation Formation of Merger Sub as in effect at immediately prior to the Effective Time shall be the certificate Certificate of formation Formation of the Surviving Company Entity after the Effective Time until duly amended in accordance with applicable Lawlaw; provided, however, that a Certificate of Amendment to the Certificate of Formation of Merger Sub shall be filed immediately following the Effective Time that amends Section A to read as follows: "The name of the limited liability company is Source Alliance LLC."
Appears in 1 contract
Samples: Agreement and Plan of Merger (Source Interlink Companies Inc)
Certificate of Formation. The certificate of formation of Merger Sub II in effect at the Effective Time Closing shall be the certificate of formation of the Surviving Company until amended in accordance with applicable Law.
Appears in 1 contract
Samples: Purchase Agreement and Plan of Merger (Desktop Metal, Inc.)
Certificate of Formation. The certificate of formation of Merger Sub in effect at and as of the Effective Time shall be will remain the certificate of formation of Surviving Entity without any modification or amendment in the Surviving Company until amended in accordance with applicable LawMerger.
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Certificate of Formation. The certificate At the Effective Time, the Certificate of formation Formation of the Merger Sub as in effect at immediately prior to the Effective Time shall be the certificate Certificate of formation Formation of the Surviving Company LLC, until thereafter amended in accordance with applicable Law.the DLLA and such Certificate of Formation
Appears in 1 contract
Certificate of Formation. The certificate of formation of the Merger Sub as in effect at immediately prior to the Effective Time shall be the certificate of formation of the Surviving Company at and from the Effective Time and until thereafter amended in accordance with its terms and as provided by applicable Law.
Appears in 1 contract
Certificate of Formation. The certificate At the Merger Effective Time, the Certificate of formation Formation of Merger Sub LLC in effect at immediately prior to the Effective Time Merger shall be the certificate Certificate of formation Formation of the Surviving Company Company, until thereafter amended in accordance with applicable LawLaw and such Certificate of Formation.
Appears in 1 contract
Samples: Business Combination Agreement and Plan of Merger (Burger King Holdings Inc)
Certificate of Formation. The certificate Certificate of formation Formation of Merger Sub Sub, as in effect at the Effective Time Time, shall be the certificate Certificate of formation Formation of the Surviving Company until amended or repealed in accordance with the provisions thereof and applicable Lawlaw.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Great Lakes Dredge & Dock Corp)
Certificate of Formation. The certificate of formation of Merger Sub Sub, as in effect at immediately prior to the Effective Time Time, shall be the certificate of formation of the Surviving Company Entity until thereafter amended in accordance with the terms thereof or as provided by applicable Law.
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Certificate of Formation. The certificate of formation of Merger Sub Sub, as in effect at immediately prior to the Effective Time Time, shall be the certificate of formation of the Surviving Company Company, until thereafter changed or amended in accordance with applicable as provided therein or by Applicable Law.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Highbury Financial Inc)
Certificate of Formation. The certificate Certificate of formation Formation of Merger Sub in effect at the Effective Time shall be and remain the certificate Certificate of formation Formation of the Surviving Company Entity following the Effective Date, until amended in accordance with applicable Lawthe same shall be altered or amended.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Eventures Group Inc)
Certificate of Formation. The certificate of formation of Merger Sub Sub, as in effect at immediately prior to the Effective Time Time, shall be the certificate of formation of the Surviving Company Entity until thereafter amended in accordance with the provisions thereof and applicable LawLegal Requirements.
Appears in 1 contract
