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HomeMy WebLinkAboutCertificate of Filing • , Secretary of State .,31/2012 2:52:03 PM PAGE 2/u02 Fax Server Corporations Section r- -6`.. Hope Andrade P.U.13ox 13697 '�" ". i:, Secretary of State Austin,Texas 7871 1-3 697 • Office of the Secretary of State CERTIFICATE OF FILING OF TEXAS KJ INVESTMENTS, L.L.C. 800869842 The undersigned,as Secretary of State of Texas, hereby certifies that a Restated Certificate of Formation for the above named domestic limited Iiability company (11c) has been received in this office and has been found to conform to the applicable provisions of law. ACCORDINGLY, the undersigned, as Secretary of State, and by virtue of the authority vested in the secretary by law,hereby issues this certificate evidencing filing effective on the date shown below. Dated: 07/31/2012 Effective: 07/3 1/2012 (stsfE ()A CA7 VO fi)�Q7), \ ), Hope Andrade �-4, t� 1'J Secretary of State Crone visit us nn the Internet at http://www.sns.state.tt.ns! Phone:(512)463-5555 Fax:(512)463-5709 Dial:7-1-I for Relay Services Prepared by: Laura Rhinehart T1D: 10313 Document:434254680002 Form 414 1hi•:pace rest-nett fur oliee use. (Revised Oft/t I) Submit in duplicate to: ; Secretary of State Box 13697 Restated Certificate of Austin. TN 787 I I-36cY7 Formation I FAX:512;4,3-5709 With New Amendments Filing Fee: See instructions Entity Information The name of the Wine emit is: TEXAS KJ INVESTMENTS. State the name attic entity as euiTently ihotkis in the recor,k oldie Necietary ofsate It the amendment chanvei the name of the on .state the old name mil not;he net: mine rite IiIiiti entity is a:(51::.:A vittopr:.tt: For-prolit Corporation Proic+smnal Corporation 0 Nonpnnit t minx:Mon Note,%ional Limited Compan) 0 Cooperative Association Ej Prokssional Association 0 Limited Liability Company U L united Panto-ship lite file number issued to the tiling entity by the secretar of gate is: 41sthisb"42 fhe date of formation of the Jilin,/emits k: Seim:nib:1 I 1.2007' Amendments to Certificate of Formation This restated certificate ()Iformation makes new amendments to the certificate of formation. Provided below is an identification h rjerencc or description of each added, altered. or deleted pro%ision. Identification of New Amendments (Indicate the chant::: that hat c nen made by clic:king the appropriate it1.‘or hOWS.) O The entity name has been amended. 0 The recistered agent name or registered office address has changed. 0 The purpose the entity has been amended. O The period adoration a the entity has been amended. O A general partner has withdraw n or been admitted to the limited partnership. oint•:14 7 • Identification of New Amendments (Indicate the ch.mt!es that have been made by ei►e:kinp and u►ntr1etin_the appiepriate box or huxes.t ❑ Other changes. The certificate of l.tem tion has been amended as liilkiws: -❑ Add Lich of the follow int prttyisiuns is added to the certificate of formation. The identification or reference of each added provision is set forth helot. Mc litll text of each added provision is contained in the Attended and restated certificate of fi►rntatnm attached hereto. 2 Alter The tollowinn identified prosisinns of the certificate of formation are amended. The full text of each amended provision is contained in the amended and restated certificate of formation attached hereto. :11Yfll Lig V The Company will be managed by t•.%0(.2)manage!s. The names and addresses of the initial manager:,of the Company are as follows: Sanh Trinh Lauda Nguyen •1.05 Rugal Oaks Drive •l.t05 Real Oaks Drive College Station.Teras 778-15 College Station.Te a:77845 ID Delete Each of the provisions identified below are deleted from the certificate of formation. Statement ot'Approval Each n0\ amendment has been made in accordance tyith the pros inions of the Texas Business Organizations Code. The amendments to the certificate of fitrntation and the restated certificate of formation ha%e been approved in the manner required by the Code and by the eovernin_ documents of the entity. Required Statements The restated certificate of formation. which is attached to this form. accurately states the text of the certificate of li3rmation beim restatett and each amendment to the certificate of formation being restated that is in effect.and as further amended by the restated certificate of formation. The attached restated certificate of formation does not contain any other change iv the certilicate.of formation beim, restated except for the information permitted to be omitted hy the provisions of the Texas Business Organizations Code applicable to the tiling entity. Effectiveness of Filing deicer vitt,cr A.It.of ca A.Q This document becomes effective %then the document is filed h} the secretor% of state. I3.❑This document becomes effective at a later date.which k not more than nincts from the date of signing. The delayed elfectit c date is: C.Q This document takes effect upon the occurrence of the future event or fact.other than the passage of time. The 9011'day after the date of signing is: The following el,eat or fact will cause the document to take effect in the manner described below: Execution The uttdersiened affirms that the person designated as registered agent in the restated certificate of formation has consented to the appointment. The undersigned signs this document subject to the penalties imposed by law for the submission of a materially false or fraudulent instrument and certifies under penalty of perjury that the undersigned is authorized under the provisions of law governing the entity to execute the tiling instrument. Date: - 3% i 12 tt,: •lam �r� / Sauh'fuunit.\I.urager 1.6,484:a or t�i:;d,:�t,:.:v:a per.,,u t,cr Linda Ncuyen, '•an: er Attach the text of the amended and restated cer:iticate of Imitation to the completed statement lbrm. Identify the attachment as-Restated Certificate of Formation of l Mann:of Entity!." RESTATED CERTIFICATE OF FORMATION LIMITED LIABILITY COMPANY OF TEXAS KJ INVESTMENTS, LLC I, the undersigned natural person of the age of eighteen t 18)years or more, acting as the organizer of a limited liability company(the"Company") under Title 3. Chapter 101 of the Texas Business Organizations Code.as amended,do hereby adopt the following Certificate of Formation for such Company: ARTICLE I The name of the Company is TEXAS KJ INVESTMENTS, LLC. ARTICLE II The period of duration of the Company is perpetual. ARTICLE III The purpose for which the Company is organized is to transact any or all lawful business for which limited liability companies may be organized under the Texas Business Organizations Code. ARTICLE IV The name and address of the Company's initial registered agent is an individual of the State of Texas whose name is set forth below: Sanh Trinh 4405 Regal Oaks Drive College Station. Texas 77845 The business address of the registered agent and the registered office address is: Sanh Trinh 4405 Regal Oaks Drive College Station. Texas 77845 !.''rtilir:uc.,11•ornurtnrn ul I'' u.' ki ?# %U1 r,m, 1.1.t' Pct"1 ! ARTICLE V The Company will be managed by two (2) managers. The names and addresses of the initial managers of the Company are as follows: Sanh Trinh Linda Nguyen 4405 Regal Oaks Drive 4405 Regal Oaks Drive College Station, Texas 77845 College Station, Texas 77845 ARTICLE VI The name and address of each organizer of the Company are as follows. Stephen R Holies Holt & Holtas, PLLC 405 Technology Drive- Building C College Station. Texas 77845 ARTICLE VII No member of the Company shall be liable to the Company or its members for monetary damages for an act or omission in the member's capacity as a member, except for liability of a member for(i)a breach of such member's duty of loyalty to the Company or its members. (ii) an act or omission not in good faith that constitutes a breach of duty cf such member to the Company. (iii)an act or omission of such member which involves intentional misconduct or a knowing violation of the law,(iv)a transaction from which such member received an improper benefit,whether or not the benefit resulted from an action taken within the scope of the member's position, or(v) an act or omission for which the liability of such member is expressly provided for by an applicable statute. If the Texas Business Organizations Code,or ether applicable law is amended to authorize action further eliminating or limiting the liability of members,then the liability of a member of the Company shall be eliminated or limited to the fullest extent permitted by the Texas Business Organizations Code. or other applicable law, as so amended. Any repeal or modification of the foregoing provisions by the members shall not adversely affect any right or protection of a member existing at the time of such repeal or modification. f:.'rttjicute 41:m11tutioot o/i'va h:!Im'rstttt,',i!s. I.I.t' I'al;a•2 ARTICLE VIII This document becomes effective when the document is filed by the Secretary of State. IN WITNESS WHEREOF. the undersigned organizer has signed this Certificate of Formation on the day 10'' of September, 2007. subject to the penalties imposed by law for the submission of a materially false or fraudulent instrument. g Stephen R. Holies, Organizer cern/it-age of F.+rmiuiuu nj T:sav N.11nr,?%line ru... 1.1.t' Page 3 X +i IRS DEPARTMENT OF THE TREASURY ' INTERNAL REVENUE SERVICE CINCINNATI OH 45999-0023 Date of this notice: 09-25-2007 Employer Identification Number: 004124.374575.0012.001 1 146 0.360 532 26-1102126 (liuiiwlinininiiiiiiinisinillinni{niinuiliunisii Form: SS-4 Number of this notice: CP 575 E TEXAS KJ INVESTMENTS LLC SANH TRINH SOLE MBR For assistance you may call us at 4405 REGAL OAKS DR 1-800-829-4933 COLLEGE STA TX 77845 004124 IF YOU WRITE, ATTACH THE STUB OF THIS NOTICE. WE ASSIGNED YOU AN EMPLOYER IDENTIFICATION NUMBER Thank you for applying for an Employer Identification Number (EIN). We assigned you EIN 26-1102126. This EIN will identify your business account, tax returns, and documents, even if you have no employees. Please keep this notice in your permanent records. When filing tax documents, please use the label we provided. If this isn't possible, it is very important that you use your EIN and complete name and address exactly as shown above on all federal tax forms, payments and related correspondence. Any variation may cause a delay in processing, result in incorrect information in your account or even cause you to be assigned more than one EIN. If the information isn't correct as shown above, please correct it using tear off stub from this notice and return it to us so we can correct your account. To receive a ruling or a determination letter recognizing your organization as tax exempt, you should complete Form 1023 or Form 1024, Application for Recognition of Exemption and send to: Internal Revenue Service PO Box 192 Covington, KY 41012-0192 Publication 557, Tax Exempt for Your Organization, is available at most IRS offices or you can download this Publication from our Web site at www.irs.gov. This Publication has details on how you can apply. IMPORTANT REMINDERS: X Keep a copy of this notice in your permanent records. * Use this EIN and your name exactly as they appear above on all your federal tax forms. * Refer to this EIN on your tax related correspondence and documents. If you have questions, you can call or write to us at the phone number or address at the top of the first page of this notice. If you write, please tear off the stub at the end of this notice and send it along with your letter. Thank you for your cooperation. . (IRS USE ONLY) 575E 09-25-2007 TEXA 0 0509905131 SS-4 004124 Keep this part for your records. CP 575 E (Rev. 1-2007) Return this part with any correspondence so we may identify your account. Please CP 575 E correct any errors in your name or address. 0509905131 Your Telephone Number Best Time to Call DATE OF THIS NOTICE: 09-25-2007 ( ) - EMPLOYER IDENTIFICATION NUMBER: 26-1102126 FORM: SS-4 NOBOD INTERNAL REVENUE SERVICE TEXAS KJ INVESTMENTS LLC CINCINNATI OH 45999-0023 SANH TRINH SOLE MBR 4405 REGAL OAKS DR COLLEGE STA TX 77845