Establishment of the Company Sample Clauses
The "Establishment of the Company" clause defines the formal creation and legal existence of the company as a recognized business entity. It typically specifies the company's name, legal form (such as corporation, LLC, or partnership), and jurisdiction of incorporation. This clause may also reference the company's registration with relevant authorities and the effective date of its formation. Its core practical function is to provide legal certainty regarding the company's existence and structure, ensuring all parties understand the foundational details of the business entity being formed.
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Establishment of the Company. The Parties hereby agree to establish the Company in accordance with the Sino-Foreign Cooperative Joint Venture Law, the Corporation Law and other relevant laws and regulations of the People's Republic of China and with the provisions of this Contract.
Establishment of the Company. The Parties hereby agree to jointly establish the Company at Wuhan, Hubei Province, the PRC, in accordance with the Law of the People’s Republic of China on Chinese-Foreign Equity Joint Ventures, the Regulations for the Implementation of the Law of the People’s Republic of China on Chinese-Foreign Equity Joint Ventures, other applicable Law of the PRC, this Contract and the Articles of Association.
Establishment of the Company. Forthwith upon the execution of this Agreement each of the Original Shareholders shall itself take or (as appropriate) shall cause to be taken at directors' meetings and shareholders meetings of the Company the following steps in the following order:-
Establishment of the Company. Prior to the execution of this Agreement, the Shareholders have established a Delaware corporation, and accordingly will cause amendments to the corporation's organizational documents as follows:
Establishment of the Company. On the date of this agreement (unless the same has already been done) the parties will take all such actions as are necessary to cause the following matters:
(A) the Articles of Association shall be adopted by the Company;
(B) the following shall be appointed as the Liberty Global Directors: [ ]
(C) the following shall be appointed as the Telefónica Directors: [ ]
(D) [ ] shall be appointed as the company secretary;
(E) the following appointments shall be made in respect of the Company:
(i) [ ] shall be appointed as the CEO;
(ii) [ ] shall be appointed as the CFO;
(iii) [ ] shall be appointed as the CTO;
(iv) [ ] shall be appointed as the CIO;
(v) [ ] shall be appointed as the General Counsel and Chief Regulatory Officer;
(vi) [ ] shall be appointed as COO;
(vii) [ ] shall be appointed as Chief Digital Officer;
(viii) [ ] shall be appointed as Chief Commercial Officer;
(ix) [ ] shall be appointed as Chief People and Transformation Officer;
(x) [ ] shall be appointed as Managing Director (Business and Wholesale);
(xi) [ ] shall be appointed as Managing Director (Fixed Network Expansion); and
(xii) [ ] shall be appointed as Chief Communications and Corporate Affairs Officer;
Establishment of the Company. The Partners will form, immediately after the date hereof, a Swedish limited liability company subject to the terms of this Agreement and in accordance with the Companies Act. The Partners shall promptly register the Company in accordance with the applicable laws of Sweden. The Company’s Articles of Association shall be substantially in the form set out in Schedule 3.1 and shall reflect the provisions of this Agreement (the "Articles of Association"). Notwithstanding inconsistencies between the Articles of Association on the one hand and the provisions of this Agreement on the other hand, the provisions of this Agreement shall prevail solely as between the parties.
Establishment of the Company. The Company is an exempted company with limited liability duly established and validly existing in Cayman Island.
Establishment of the Company. 1.1 The Company will be established as an independent legal entity in the form of limited liability company under the laws of the PRC. The Company shall be liable to any third party (including government authorities) only to the extent of the Company’s own assets. MPS shall have no liability for any losses, debts, liabilities or other obligations of the Company beyond its contribution to the Company’s Registered Capital (as defined below).
1.2 The Company will have a total investment of approximately twelve million US dollars (USD12,000,000) (hereinafter “Total Investment”), of which five million US dollars (USD5,000,000) will be the registered capital to be contributed by MPS (hereinafter “Registered Capital”). The specific amount of the Company’s Total Investment and Registered Capital will be stipulated in the articles of association of the Company (hereinafter “AA”).
1.3 Notwithstanding any other provisions herein, the difference between the Registered Capital and the Total investment may, at the sole discretion of the Company, be financed by the Company through bank or shareholder’s loans or other debt financing. In any event, neither the Company nor MPS shall have any obligation whatsoever to make up such difference with further capital contribution or by any other means.
1.4 The Registered Capital shall be contributed by MPS in the form of cash, equipment and/or intellectual property rights, as specified in the AA.
1.5 Of the initial installment of the Registered Capital (USD750,000) three hundred thousand US dollars (USD300,000) shall be contributed by MPS within three (3) months after the Establishment Date (as defined below). The contribution schedule of the remaining four hundred fifty thousand US dollars (USD450,000) may be extended for another nine (9) months upon MPS’ application, and the Committee shall ensure to secure, on behalf of MPS, the necessary government approvals required for such extension. The balance of the Registered Capital of USD4,250,000, will be contributed within three (3) years after the Establishment Date.
1.6 MPS shall have no obligation to contribute the Registered Capital unless and until:
(1) the execution of this Contract, the Land Use Rights Purchase Contract, the Factory Lease and Purchase Agreement, the Utilities Service Contracts, all as defined below, in a form and substance satisfactory to MPS and/or the Company;
(2) the legal establishment of the Company and the issuance of its Business License;
(3) the Compa...
Establishment of the Company. The Parties agree to form, and by this Agreement do form, the Company for the purposes of conducting the Licensed Business, directly and/or through its Subsidiaries, including the WFOEs, in multiple locations in the Territory.
Establishment of the Company. 4.1 Establishment of the Company In accordance with the Joint Venture Law and other relevant and officially promulgated PRC laws and regulations, the Parties hereby agree to establish the Company pursuant to the terms of this Contract. The Company shall be a legal person under the laws of the PRC subject to the protection and jurisdiction of PRC law.
4.2 Name and Address of the Company
(a) The name of the Company shall be “LightPath CDGM (Chengdu) Optical Co. Ltd.” in English and in Chinese. “LightPath CDGM (Chengdu) Optical Co. Ltd.”
(b) The legal address of the Company shall be ▇▇ ▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇-▇▇▇ ▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, the People’s Republic of China.