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- S-4 Registration of securities issued in business combination transactions
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Exhibit 3.218
Secretary of State P.O. Box 13697 Austin, TX 78711-3697 FAX: 512/463-5709 | | Filed in the Office of the Secretary of State of Texas Filing #: 801153835 08/03/2009 Document #: 270263850002 |
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Filing Fee: $300 | Certificate of Formation Limited Liability Company | | Image Generated Electronically for Web Filing |
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Article 1 - Entity Name and Type
The filing entity being formed is a limited liability company. The name of the entity is:
USM Manufacturing L.L.C.
The name of the entity must contain the words “Limited Liability Company” or “Limited Company,” or an accepted abbreviation of such terms. The name must not be the same as, deceptively similar to or similar to that of an existing corporate, limited liability company, or limited partnership name on file with the secretary of state. A preliminary check for “name availability” is recommended.
Article 2 - Registered Agent and Registered Office
☐ A. The initial registered agent is an organization (cannot be company named above) by the name of:
OR
☒ B. The initial registered agent is an individual resident of the state whose name is set forth below:
Name:
Suz-Ann Kirby
C. The business address of the registered agent and the registered office address is:
Street Address:
7830 Orlando Avenue Lubbock TX 79423
Article 3 - Governing Authority
☒ A. The limited liability company is to be managed by managers.
OR
☐ B. The limited liability company will not have managers. Management of the company is reserved to the members.
The names and addresses of the governing persons are set forth below:
Manager 1:MatthewBumstead | Title: | Manager | ||
Address: 7830 Orlando Lubbock TX, USA 79423 | ||||
Manager 2:Gantt Bumstead | Title: | Manager | ||
Address:7830 Orlando Lubbock TX, USA 79423 |
Article 4 - Purpose
The purpose for which the company is organized is for the transaction of any and all lawful business for which limited liability companies may be organized under the Texas Business Organizations Code.
Supplemental Provisions / Information
[The attached addendum, if any, is incorporated herein by reference.]
Organizer
The name and address of the organizer are set forth below.
J. Mark Wagnon 5010 University Ave., 3rd Floor, Lubbock, TX 79413
Effectiveness of Fillig
☐ A. This document becomes effective when the document is filed by the secretary of state.
OR
☒ B. This document becomes effective at a later date, which is not more than ninety (90) days from the date of its
signing. The delayed effective date is:August 4, 2009
Execution
The undersigned signs this document subject to the penalties imposed by law for the submission of a materially false or fraudulent instrument.
J. Mark Wagnon
Signature of Organizer
FILING OFFICE COPY
Form 424 (Revised 05/11)
Submit in duplicate to Secretary of State P.O. Box 13697 Austin, TX 78711-3697 512 463-5555 FAX 512/463-5709 Filing Fee: See instructions | Certificate of Amendment | This space reserved for office use |
Entity Information
The name of the filing entity is
USM Manufacturing L L C.
State the name of the entity as currently shown in the records of the secretary of state If the amendment changes the name of the entity, state the old name and not the new name
The filing entity is a (Select the appropriate entity type below )
☐ For-profit Corporation | ☐ Professional Corporation | |
☐ Nonprofit Corporation | ☐ Professional Limited Liability Company | |
☐ Cooperative Association | ☐ Professional Association | |
☒ Limited Liability Company | ☐ Limited Partnership |
The file number issued to the filing entity by the secretary of state is 801153835
The date of formation of the entity is August 4, 2009
Amendments
1. Amended Name
(If the purpose of the certificate of amendment is to change the name of the entity, use the following statement)
The amendment changes the certificate of formation to change the article or provision that names the filing entity The article or provision is amended to read as follows
The name of the filing entity is (state the new name of the entity below)
The name of the entity must contain an organizational designation or accepted abbreviation of such term, as applicable
2. Amended Registered Agent/Registered Office
The amendment changes the certificate of formation to change the article or provision stating the name of the registered agent and the registered office address of the filing entity. The article or provision is amended to read as follows
Form 424
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Registered Agent
(Complete either A or B, but not both Also complete C )
☐ A. The registered agent is an organization (cannot be entity named above) by the name of.
OR |
☐ B The registered agent is an individual resident of the state whose name is
First Name MI Last Name Suffix
The person executing this instrument affirms that the person designated as the new registered agent has consented to serve as registered agent
C The business address of the registered agent and the registered office address is
TX | ||||||
Street Address (No P O Box) | City | State | Zip Code |
3. Other Added, Altered, or Deleted Provisions
Other changes or additions to the certificate of formation may be made in the space provided below If the space provided is insufficient, incorporate the additional text by providing an attachment to this form Please read the instructions to this form for further information on format
Text Area (The attached addendum, if any, is incorporated herein by reference)
☐ Add each of the following provisions to the certificate of formation. The identification or reference of the added provision and the full text are as follows
☒ Alter each of the following provisions of the certificate of formation. The identification or reference of the altered provision and the full text of the provision as amended are as follows:
Article 3 - Governing Authority
The limited liability company will not have managers Management of the company is reserved to the sole member The name and address of the governing person is set forth below
Member United Supermarkets, L L C,7830 Orlando Avenue, Lubbock, Texas 79423
☐ Delete each of the provisions identified below from the certificate of formation.
Statement of Approval
The amendments to the certificate of formation have been approved in the manner required by the Texas Business Organizations Code and by the governing documents of the entity.
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Effectiveness of Filing(Select either A, B, or C.)
A. ☒ This document becomes effective when the document is filed by the secretary of state.
B. ☐ This document becomes effective at a later date, which is not more than ninety (90) days from the date of signing. The delayed effective date is:
C. ☐ This document takes effect upon the occurrence of a future event or fact, other than the
passage of time. The 90th day after the date of signing is:
The following event or fact will cause the document to take effect in the manner described below:
Execution
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 filing instrument
Date: 12/23/2013
By: | United Supermarkets, LLC | |
/s/ Suzann Kirby Signature of authorized person | ||
SuzAnn Kirby, Chief Financial Officer | ||
Printed or typed name of authorized person (see instructions) |
Form 424
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