EX-3.23 26 a2047684zex-3_23.txt EXHIBIT 3.23 CERT./FORMATION OF M-FOODS DAIRY,LLC EXHIBIT 3.23 CERTIFICATE OF FORMATION OF M-FOODS DAIRY, LLC This Certificate of Formation is being executed as of March 13, 2001 for the purpose of forming a limited liability company pursuant to the Delaware Limited Liability Company Act, 6 Del. C. Sections 18-101, ET SEQ. The undersigned, being duly authorized to execute and file this Certificate, does hereby certify as follows: 1. NAME. The name of the limited liability company is M-FOODS DAIRY, LLC (the "Company"). 2. REGISTERED OFFICE AND REGISTERED AGENT. The Company's registered office in the State of Delaware is located at 1209 Orange Street, in the City of Wilmington, County of New Castle, 19801. The registered agent of the Company for service of process at such address is The Corporation Trust Company. IN WITNESS WHEREOF, the undersigned has duly executed this Certificate of Formation as of the day and year first above written. By: /s/ Michele N. Kochevar ------------------------- Michele N. Kochevar, An Authorized Person STATE OF DELAWARE SECRETARY OF STATE DIVISION OF CORPORATIONS FILED 02:00 PM 03/13/2001 010123890 - 3365091 STATE OF DELAWARE PAGE 1 OFFICE OF THE SECRETARY OF STATE ---------------------------------- I, HARRIET SMITH WINDSOR, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF FORMATION OF "M-FOODS DAIRY TXCT, LLC", FILED IN THIS OFFICE ON THE THIRD DAY OF APRIL, A.D. 2001, AT 4 O'CLOCK P.M. /s/ Harriet Smith Windsor [SEAL] ----------------------------------------- HARRIET SMITH WINDSOR, SECRETARY OF STATE 3376817 8100 AUTHENTICATION: 1061909 010163458 DATE: 04-03-01