Organizational Documents of the Surviving Entity. Unless otherwise determined by Parent prior to the Effective Time, at the Effective Time, without any further action on the part of the Company or Merger Sub, the certificate of formation and the limited liability company agreement of Merger Sub, as in effect immediately prior to the Effective Time, shall be the certificate of formation and the limited liability company agreement of the Surviving Entity, until thereafter amended in accordance with applicable Law and the applicable provisions of such certificate of formation and limited liability company agreement.”
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Investors Capital Holdings LTD), Agreement and Plan of Merger (RCS Capital Corp)
Organizational Documents of the Surviving Entity. Unless otherwise determined by Parent prior to the Effective Time, at the Effective Time, without any further action on the part of the Company or Merger Sub, the certificate of formation incorporation and the limited liability company agreement by-laws of Merger Subthe Company, as in effect immediately prior to the Effective Time, shall be the certificate of formation incorporation and the limited liability company agreement by-laws of the Surviving Entity, until thereafter amended in accordance with applicable Law and the applicable provisions of such certificate of formation incorporation and limited liability company agreementby-laws.”
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Investors Capital Holdings LTD), Agreement and Plan of Merger (RCS Capital Corp)
Organizational Documents of the Surviving Entity. Unless otherwise determined by Parent prior to At the Effective Time, at the Effective Time, without any further action on the part of the Company or Merger Sub, the certificate of formation and the limited liability company agreement of Merger Sub, as in effect immediately prior to the Effective Time, shall be the certificate of formation and the limited liability company agreement of the Surviving Entity, until thereafter supplemented or amended as provided therein and in accordance with applicable Law and the applicable provisions of such the certificate of formation and limited liability company agreementagreement of Merger Sub (but subject to Section 7.4(b)(ii)).”
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Chesapeake Lodging Trust), Agreement and Plan of Merger (Park Hotels & Resorts Inc.)
Organizational Documents of the Surviving Entity. Unless otherwise determined by Parent prior Subject to the Effective TimeSection 6.10, at the Effective Time, without any further action on the part of the Company or Merger Sub, the certificate of formation and the limited liability company agreement of Merger Sub, as in effect immediately prior to the Effective Time, shall be the certificate of formation and the limited liability company agreement of the Surviving Entity, until thereafter amended in accordance with applicable Law and the applicable provisions of such certificate of formation and limited liability company agreement.”
Appears in 2 contracts
Samples: Agreement and Plan of Merger (American Realty Capital Properties, Inc.), Agreement and Plan of Merger (Cole Real Estate Investments, Inc.)
Organizational Documents of the Surviving Entity. Unless otherwise determined by Parent prior to the Effective Time, at At the Effective Time, without any further action on the part of the Company or Merger Sub, the certificate of formation and the limited liability company agreement of Merger Sub, as in effect immediately prior to the Effective Time, shall be the certificate of formation and the limited liability company agreement of the Surviving Entity, until thereafter amended in accordance with applicable Law and the applicable provisions of such certificate of formation and limited liability company agreement.”
Appears in 1 contract
Samples: Agreement and Plan of Merger (Summit Financial Services Group Inc)
Organizational Documents of the Surviving Entity. Unless AtUnless otherwise determined by Parent prior to the Effective Time, at the Effective Time, without any further action on the part of the Company or Merger Sub, the certificate of formation and the limited liability company agreement of Merger SubSubArticles of Incorporation and Bylaws of the Company, as in effect immediately prior to the Effective Time, shall be the certificate of formation and the limited liability company agreement of the Surviving Entity, until thereafter amended in accordance with applicable Law and the applicable provisions of such certificate of formation and limited liability company agreement.”company
Appears in 1 contract
Samples: Agreement and Plan of Merger (Summit Financial Services Group Inc)
