Operating Agreement of the Surviving Entity Sample Clauses

Operating Agreement of the Surviving Entity. At the Effective Time, the operating agreement of Merger Sub shall, by virtue of the Merger, be amended and restated in its entirety in form and substance reasonably satisfactory to Parent and the Company and, as so amended and restated, shall be the operating agreement of the Surviving Entity following the Effective Time until thereafter amended in accordance with its terms and applicable Law. This Section 1.4 shall be subject to the obligations of Parent and the Surviving Entity under Section 6.8.
Sample 1Sample 2Sample 3See All (7)
AutoNDA by SimpleDocs
Operating Agreement of the Surviving Entity. On and after the Effective Date, the Operating Agreement of the Sub shall be the Operating Agreement of the Surviving Entity, until amended in accordance with the Certificate of Formation of the Surviving Entity, the DLLCA, and such Operating Agreement.
Sample 1Sample 2
Operating Agreement of the Surviving Entity. The Limited Liability Company Operating Agreement of BWR, as in effect immediately prior to the Effective Time, shall be the Limited Liability Company Operating Agreement of the Surviving Entity.
Sample 1

Related to Operating Agreement of the Surviving Entity

  • Operating Agreement You haves received and read a copy of the Company’s Operating Agreement (the “Operating Agreement”) and agree that your execution of this Agreement constitutes your consent to and execution of the Operating Agreement, and, that upon acceptance of this Agreement by the Company, you will become a member of the Company as a holder of Shares. When this Agreement is countersigned by the Company, the Operating Agreement shall be binding upon you as of the closing date.

  • Bylaws of the Surviving Corporation The Bylaws of Company, as in effect immediately prior to the Effective Time, will be the Bylaws of the Surviving Corporation until thereafter amended in accordance with applicable law.

  • Fifth Amended and Restated Limited Liability Company Operating Agreement Dated as of November 30, 2012

  • Officers of the Surviving Corporation The officers of the Company immediately prior to the Effective Time shall be the initial officers of the Surviving Corporation, each to hold office until the earlier of their resignation or removal or until their respective successors are duly elected and qualified, as the case may be.

  • Operating Partnership Agreement The Operating Partnership Agreement, in substantially the form attached hereto as Exhibit B, shall have been executed and delivered by the partners of the Operating Partnership and shall be in full force and effect and, except as contemplated by Section 2.03 or the other Formation Transaction Documents, shall not have been amended or modified.

  • Certificate of Incorporation of the Surviving Corporation The Certificate of Incorporation of the Company, as in effect immediately prior to the Effective Time, shall be the Certificate of Incorporation of the Surviving Corporation.

  • Certificate of Incorporation and By-laws of the Surviving Corporation (a) At the Effective Time, the certificate of incorporation of Merger Sub, as in effect immediately prior to the Effective Time, shall be the certificate of incorporation of the Surviving Corporation until thereafter amended in accordance with the provisions thereof and applicable Law.

  • Directors of the Surviving Corporation The directors of Merger Sub immediately prior to the Effective Time shall be the directors of the Surviving Corporation until the earlier of their resignation or removal or until their respective successors are duly elected and qualified, as the case may be.

  • The Surviving Corporation Section 3.01.

  • Articles of Incorporation and Bylaws of the Surviving Corporation At the Effective Time, (i) the Articles of Incorporation of Company as in effect immediately prior to the Effective Time shall be the Articles of Incorporation of the Surviving Corporation until thereafter amended as provided by law and such Articles of Incorporation, and (ii) the Bylaws of Company as in effect immediately prior to the Effective Time shall be the Bylaws of the Surviving Corporation until thereafter amended as provided by law, the Articles of Incorporation of the Surviving Corporation and such Bylaws.

Time is Money Join Law Insider Premium to draft better contracts faster.