Extract to table

The powers of the authorized person shall cease upon the effectiveness of this Certificate of Formation, and thereafter the member or members and/or manager or managers, as the case may be, as designated in the Limited Liability Company Agreement of the Company (as it may be amended, restated, supplemented, or otherwise modified from time to time, the "LLC Agreement"), shall have the authority to act on behalf of the Company in all respects, subject to the terms and conditions of the LLC Agreement

ARTICLE IV — EFFECTIVE DATE This Certificate of Formation shall become effective upon filing with the Office of the Secretary of State of the State of Delaware in accordance with Section 18-206 of the Act

[Drafting Note: If the parties determine that the Certificate of Formation should become effective on a specified later date for purposes of coordinating with the closing timeline or other transaction milestones, this Article IV may be revised to provide that the Certificate of Formation shall be effective upon a specified future date and time, not to exceed the 180th day after the date of filing, in accordance with 6 Del

Ho is not, and shall not by virtue of executing this Certificate of Formation be deemed to be, a member, manager, or agent of the Company

Affidavits of publication must thereafter be filed with the New York Department of State

Affidavits of publication from each newspaper must thereafter be filed with the New York Department of State