Charter and Bylaws of the Surviving Corporation. (a) The Charter of the Company as in effect immediately prior to the Effective Time shall be amended in its entirety substantially as provided in Exhibit B attached hereto, and, as so amended, shall be the Charter of the Surviving Corporation until duly amended.
Appears in 4 contracts
Samples: Acquisition Agreement And (GMM Capital LLC), Option Holder Acknowledgement Agreement (Goodys Family Clothing Inc /Tn), Option Holder Acknowledgement Agreement (Goodys Family Clothing Inc /Tn)
Charter and Bylaws of the Surviving Corporation. (a) The Charter of the Company as in effect immediately prior to the Effective Time shall be amended in its entirety substantially as provided in Exhibit EXHIBIT B attached hereto, and, as so amended, shall be the Charter of the Surviving Corporation until duly amended.
Appears in 2 contracts
Samples: Acquisition Agreement And (Prentice Capital Management, LP), Acquisition Agreement And (Prentice Capital Management, LP)
Charter and Bylaws of the Surviving Corporation. (a) The Charter At the Effective Time, the charter of the Company as in effect immediately prior to the Effective Time shall be amended and restated to read in its entirety substantially as provided in set forth on Exhibit B attached A hereto, and, and as so amended, amended and restated shall thereafter be the Charter charter of the Surviving Corporation until duly amendedthereafter amended in accordance with its terms and as provided by applicable Law (subject to Section 5.05).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Comtech Telecommunications Corp /De/), Agreement and Plan of Merger (Telecommunication Systems Inc /Fa/)
