Common use of Formation; Name Clause in Contracts

Formation; Name. The Company was formed by the filing of the Certificate by an authorized Person. The Members hereby agree to operate the Company as a limited liability company under the terms of this Agreement and the Act. Whenever the terms of this Agreement conflict with the Act, the terms of this Agreement shall control, except with respect to any matters contained in the Act that cannot be modified or waived by a limited liability company agreement. The Company shall be operated under the name “Heath XS, LLC.” The Managers or an authorized Person shall file such other certificates and documents as are necessary to qualify the Company to conduct business in any jurisdiction in which the Company conducts business. A copy of the Certificate shall be provided to any Member on request.

Formation; Name. The Company was formed by the filing of the Certificate by an authorized PersonCertificate. The Members hereby agree to operate the Company shall be operated as a limited liability company under the terms of pursuant to this Agreement and the Act. Whenever the terms of this Agreement conflict with any provision of the Act, the terms of this Agreement shall control, control except with respect to the extent any matters contained in provision of the Act that cannot be modified waived or waived altered by a limited liability company agreement. The Company shall be operated under the name “Heath XSPerimeter Credit, LLC.L.L.C.” The Managers Manager or an authorized Person shall file such other certificates and documents as are necessary to qualify the Company to conduct business in any jurisdiction in which the Company conducts business. A copy of the Certificate shall be provided to any Member on request.

Formation; Name. The Company was formed by the filing of the Certificate by an authorized PersonCertificate. The Members hereby agree to operate the Company shall be operated as a limited liability company under the terms of pursuant to this Agreement and the Act. Whenever the terms of this Agreement conflict with any provision of the Act, the terms of this Agreement shall control, control except with respect to the extent any matters contained in provision of the Act that cannot be modified waived or waived altered by a limited liability company operating agreement. The Company shall be operated under the name “Heath XSNCOP I, LLC” and/or “NCO Portfolio Management.” The Managers Manager or an authorized Person shall file such other certificates and documents as are necessary to qualify the Company to conduct business in any jurisdiction in which the Company conducts business. A copy of the Certificate shall be provided to any Member on request.

Formation; Name. The Company was formed by the filing of the Certificate by an authorized PersonCertificate. The Members hereby agree to operate the Company shall be operated as a limited liability company under the terms of pursuant to this Agreement and the Act. Whenever the terms of this Agreement conflict with any provision of the Act, the terms of this Agreement shall control, control except with respect to the extent any matters contained in provision of the Act that cannot be modified waived or waived altered by a limited liability company operating agreement. The Company shall be operated under the name “Heath XSNCOP XI, LLC” and/or “NCO Portfolio Management.” The Managers Manager or an authorized Person shall file such other certificates and documents as are necessary to qualify the Company to conduct business in any jurisdiction in which the Company conducts business. A copy of the Certificate shall be provided to any Member on request.

Formation; Name. The Company was formed by the filing of the Certificate by an authorized PersonCertificate. The Members hereby agree to operate the Company shall be operated as a limited liability company under the terms of pursuant to this Agreement and the Act. Whenever the terms of this Agreement conflict with any provision of the Act, the terms of this Agreement shall control, control except with respect to the extent any matters contained in provision of the Act that cannot be modified waived or waived altered by a limited liability company operating agreement. The Company shall be operated under the name “Heath XSNCOP X, LLC.” The Managers Manager or an authorized Person shall file such other certificates and documents as are necessary to qualify the Company to conduct business in any jurisdiction in which the Company conducts business. A copy of the Certificate shall be provided to any Member on request.

Formation; Name. The Company was formed by the filing of the Certificate by an authorized PersonCertificate. The Members hereby agree to operate the Company shall be operated as a limited liability company under the terms of pursuant to this Agreement and the Act. Whenever the terms of this Agreement conflict with any provision of the Act, the terms of this Agreement shall control, control except with respect to the extent any matters contained in provision of the Act that cannot be modified waived or waived altered by a limited liability company operating agreement. The Company shall be operated under the name “Heath XSNCOP VI, LLC” and/or “NCO Portfolio Management.” The Managers Manager or an authorized Person shall file such other certificates and documents as are necessary to qualify the Company to conduct business in any jurisdiction in which the Company conducts business. A copy of the Certificate shall be provided to any Member on request.

Formation; Name. The Company was formed by the filing of the Certificate by an authorized Person. The Members hereby agree to operate the Company as a limited liability company under the terms of this Agreement and the Act. Whenever the terms of this Agreement conflict with the Act, the terms of this Agreement shall control, except with respect to any matters contained in the Act that cannot be modified or waived by a limited liability company agreement. The Company shall be operated under the name “Heath XSHardscrabble Data Solutions, LLC.” The Managers or an authorized Person shall file such other certificates and documents as are necessary to qualify the Company to conduct business in any jurisdiction in which the Company conducts business. A copy of the Certificate shall be provided to any Member on request.

Formation; Name. The Company was formed by the filing of the Certificate by an authorized PersonCertificate. The Members hereby agree to operate the Company shall be operated as a limited liability company under the terms of pursuant to this Agreement and the Act. Whenever the terms of this Agreement conflict with any provision of the Act, the terms of this Agreement shall control, control except with respect to the extent any matters contained in provision of the Act that cannot be modified waived or waived altered by a limited liability company operating agreement. The Company shall be operated under the name “Heath XSNCOP V, LLC” and/or “NCO Portfolio Management.” The Managers Manager or an authorized Person shall file such other certificates and documents as are necessary to qualify the Company to conduct business in any jurisdiction in which the Company conducts business. A copy of the Certificate shall be provided to any Member on request.

Formation; Name. The Company was formed by the filing of the Certificate by an authorized PersonCertificate. The Members hereby agree to operate the Company shall be operated as a limited liability company under the terms of pursuant to this Agreement and the Act. Whenever the terms of this Agreement conflict with any provision of the Act, the terms of this Agreement shall control, control except with respect to the extent any matters contained in provision of the Act that cannot be modified waived or waived altered by a limited liability company operating agreement. The Company shall be operated under the name “Heath XSNCOP VII, LLC” and/or “NCO Portfolio Management.” The Managers Manager or an authorized Person shall file such other certificates and documents as are necessary to qualify the Company to conduct business in any jurisdiction in which the Company conducts business. A copy of the Certificate shall be provided to any Member on request.

Formation; Name. The Company was formed by the filing of the Certificate by an authorized PersonCertificate. The Members hereby agree to operate the Company shall be operated as a limited liability company under the terms of pursuant to this Agreement and the Act. Whenever the terms of this Agreement conflict with any provision of the Act, the terms of this Agreement shall control, control except with respect to the extent any matters contained in provision of the Act that cannot be modified waived or waived altered by a limited liability company agreement. The Company shall be operated under the name “Heath XSNCO Support Services, LLC.” The Managers Member or an authorized Person shall file such other certificates and documents as are necessary to qualify the Company to conduct business in any jurisdiction in which the Company conducts business. A copy of the Certificate shall be provided to any Member on request.

Formation; Name. The Company was formed by the filing of the Certificate by an authorized PersonCertificate. The Members hereby agree to operate the Company shall be operated as a limited liability company under the terms of pursuant to this Agreement and the Act. Whenever the terms of this Agreement conflict with any provision of the Act, the terms of this Agreement shall control, control except with respect to the extent any matters contained in provision of the Act that cannot be modified waived or waived altered by a limited liability company agreement. The Company shall be operated under the name “Heath XS, SUNGARD TRADING SYSTEMS VAR LLC.” ”. The Managers Member or an authorized Person shall file such other certificates and documents as are necessary to qualify the Company to conduct business in any jurisdiction in which the Company conducts business. A copy of the Certificate shall be provided to any Member on request.

Formation; Name. The Company was formed by the filing of the Certificate by an authorized PersonCertificate. The Members hereby agree to operate the Company shall be operated as a limited liability company under the terms of pursuant to this Agreement and the Act. Whenever the terms of this Agreement conflict with any provision of the Act, the terms of this Agreement shall control, control except with respect to the extent any matters contained in provision of the Act that cannot be modified waived or waived altered by a limited liability company operating agreement. The Company shall be operated under the name “Heath XSNCOP IV, LLC” and/or “NCO Portfolio Management.” The Managers Manager or an authorized Person shall file such other certificates and documents as are necessary to qualify the Company to conduct business in any jurisdiction in which the Company conducts business. A copy of the Certificate shall be provided to any Member on request.

Formation; Name. The Company was formed by the filing of the Certificate by an authorized PersonCertificate. The Members hereby agree to operate the Company shall be operated as a limited liability company under the terms of pursuant to this Agreement and the Act. Whenever the terms of this Agreement conflict with any provision of the Act, the terms of this Agreement shall control, control except with respect to the extent any matters contained in provision of the Act that cannot be modified waived or waived altered by a limited liability company operating agreement. The Company shall be operated under the name “Heath XSNCOP XII, LLC” and/or “NCO Portfolio Management.” The Managers Manager or an authorized Person shall file such other certificates and documents as are necessary to qualify the Company to conduct business in any jurisdiction in which the Company conducts business. A copy of the Certificate shall be provided to any Member on request.

Formation; Name. The Company was formed by the filing of the Certificate by an authorized PersonCertificate. The Members hereby agree to operate the Company shall be operated as a limited liability company under the terms of pursuant to this Agreement and the Act. Whenever the terms of this Agreement conflict with any provision of the Act, the terms of this Agreement shall control, control except with respect to the extent any matters contained in provision of the Act that cannot be modified waived or waived altered by a limited liability company operating agreement. The Company shall be operated under the name “Heath XSNCOP II, LLC” and/or “NCO Portfolio Management.” The Managers Manager or an authorized Person shall file such other certificates and documents as are necessary to qualify the Company to conduct business in any jurisdiction in which the Company conducts business. A copy of the Certificate shall be provided to any Member on request.

Formation; Name. The Company was formed by the filing of the Certificate by an authorized Person. The Members hereby agree to operate the Company as a limited liability company under the terms of this Agreement and the Act. Whenever the terms of this Agreement conflict with the Act, the terms of this Agreement shall control, except with respect to any matters contained in the Act that cannot be modified or waived by a limited liability company agreement. The Company shall be operated under the name “Heath XS, Old OSI LLC.” The Managers or an authorized Person shall file such other certificates and documents as are necessary to qualify the Company to conduct business in any jurisdiction in which the Company conducts business. A copy of the Certificate shall be provided to any Member on request.

Formation; Name. The Company was formed by the filing of the Certificate by an authorized PersonCertificate. The Members hereby agree to operate the Company shall be operated as a limited liability company under the terms of pursuant to this Agreement and the Act. Whenever the terms of this Agreement conflict with any provision of the Act, the terms of this Agreement shall control, control except with respect to the extent any matters contained in provision of the Act that cannot be modified waived or waived altered by a limited liability company operating agreement. The Company shall be operated under the name “Heath XSNCOP III, LLC” and/or “NCO Portfolio Management.” The Managers Manager or an authorized Person shall file such other certificates and documents as are necessary to qualify the Company to conduct business in any jurisdiction in which the Company conducts business. A copy of the Certificate shall be provided to any Member on request.