EX-3.218 219 d377366dex3218.htm EX-3.218 EX-3.218

Exhibit 3.218

 

Secretary of State

P.O. Box 13697

Austin, TX 78711-3697

FAX: 512/463-5709

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Filed in the Office of the

Secretary of State of Texas

Filing #: 801153835 08/03/2009

Document #: 270263850002

 

 

 

 

Filing Fee: $300   

Certificate of Formation

Limited Liability Company

    

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for Web Filing

 

 

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: Matthew Bumstead    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

  

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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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