| | 2.__Amend plan or abandon planned merger.__Subject to section | 1440 and any contractual rights, after a merger is approved, and | at any time before a filing is made under section 1438, a | constituent limited partnership may amend the plan or abandon the | planned merger: |
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| A.__As provided in the plan; and |
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| B.__Except as prohibited by the plan, with the same consent | as was required to approve the plan. |
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| §1438.__Filings required for merger; effective date |
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| | 1.__Articles of merger; signed.__After each constituent | organization has approved a merger, articles of merger must be | signed on behalf of: |
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| A.__Each preexisting constituent limited partnership, by | each general partner listed in the certificate of limited | partnership; and |
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| B.__Each other preexisting constituent organization, by an | authorized representative. |
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| | 2.__Articles of merger; contents.__The articles of merger must | include: |
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| A.__The name and form of each constituent organization and | the jurisdiction of its governing statute; |
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| B.__The name and form of the surviving organization, the | jurisdiction of its governing statute and, if the surviving | organization is created by the merger, a statement to that | effect; |
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| C.__The date the merger is effective under the governing | statute of the surviving organization; |
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| D.__If the surviving organization is to be created by the | merger: |
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| (1)__If the surviving organization will be a limited | partnership, the limited partnership's certificate of | limited partnership; or |
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| (2)__If the surviving organization will be an | organization other than a limited partnership, the | organizational document that creates the organization; |
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