Formation and Definitions. (a) The Company was formed pursuant to the ▇▇▇▇▇▇▇-▇▇▇▇▇▇ Limited Liability Company Act, as amended from time to time (the “Act”) on December 14, 2007, upon the filing of the Company’s Articles of Organization (the “Articles”) in the office of the Secretary of State of the State of California. The rights and obligations of the Member and Manager and the terms and conditions of the Company shall be governed by the Act and this Agreement. To the extent the provisions of the Act and this Agreement are inconsistent with respect to any subject matter covered in this Agreement, this Agreement shall govern, but only to the extent permitted by the Act. (b) Capitalized terms used and not otherwise defined below or elsewhere in this Agreement have the meanings set forth in the Act:
Appears in 2 contracts
Sources: Limited Liability Company Operating Agreement, Operating Agreement (Netsuite Inc)