Common use of Second Merger Surviving Entity Clause in Contracts

Second Merger Surviving Entity. (i) The articles of organization of Merger Sub II, as in effect immediately prior to the Second Merger Effective Time, shall be the articles of organization of the Second Merger Surviving Entity at the Second Merger Effective Time, until thereafter amended in accordance with the DE LLCA and as provided in such articles of organization; provided, however, that at the Second Merger Effective Time, the articles of organization of the Second Merger Surviving Entity shall be amended to change the name of the Second Merger Surviving Entity to “PURO LIGHTING, LLC”. (ii) The operating agreement of Merger Sub II, as in effect immediately prior to the Second Merger Effective Time, shall be the operating agreement of the Second Merger Surviving Entity at the Second Merger Effective Time, until thereafter amended in accordance with DE LLCA and as provided in such operating agreement.

Second Merger Surviving Entity. (i) The articles of organization of Merger Sub II, as in effect immediately prior to the Second Merger Effective Time, shall be the articles of organization of the Second Merger Surviving Entity at the Second Merger Effective Time, until thereafter amended in accordance with the DE LLCA and as provided in such articles of organization; provided, however, that at the Second Merger Effective Time, the articles of organization of the Second Merger Surviving Entity shall be amended to change the name of the Second Merger Surviving Entity to “PURO LIGHTING, LED SUPPLY CO. LLC”. (ii) The operating agreement of Merger Sub II, as in effect immediately prior to the Second Merger Effective Time, shall be the operating agreement of the Second Merger Surviving Entity at the Second Merger Effective Time, until thereafter amended in accordance with DE LLCA and as provided in such operating agreement.