Operating Agreement of the Surviving Entity Sample Clauses

The "Operating Agreement of the Surviving Entity" clause defines how the governing document for the entity that remains after a merger or consolidation will be established and maintained. Typically, this clause specifies whether the surviving entity will adopt a new operating agreement, continue under the existing agreement of one of the merging entities, or modify its terms to reflect the new ownership and management structure. Its core practical function is to ensure continuity and clarity in the governance and operation of the surviving entity, preventing disputes or confusion about management rights and responsibilities after the transaction.
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.
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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.
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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.
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Related to Operating Agreement of the Surviving Entity

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

  • 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.