Directors. Subject to applicable Law, the directors of Merger Sub immediately prior to the Effective Time shall be the initial directors of the Surviving Corporation and shall hold office until their respective successors are duly elected and qualified, or their earlier death, resignation or removal.
Appears in 42 contracts
Samples: Agreement and Plan of Merger (KLX Energy Services Holdings, Inc.), Agreement and Plan of Merger (Span America Medical Systems Inc), Agreement and Plan of Merger (Endologix Inc /De/)
Directors. Subject to applicable Law, the directors of Merger Sub immediately prior to as of the Effective Time shall be the initial directors of the Surviving Corporation and shall hold office until their respective successors are duly elected and qualified, or their earlier death, resignation or removal.
Appears in 14 contracts
Samples: Agreement and Plan of Merger (Zendesk, Inc.), Agreement and Plan of Merger, Agreement and Plan of Merger (Dresser-Rand Group Inc.)
Directors. Subject to requirements of applicable Law, the directors of Merger Sub immediately prior to the Effective Time shall shall, from and after the Effective Time, be the initial directors of the Surviving Corporation and shall hold office until their respective successors are have been duly elected or appointed and qualified, qualified or until their earlier death, resignation or removalremoval in accordance with the Certificate of Incorporation and the By-Laws.
Appears in 10 contracts
Samples: Agreement and Plan of Merger (Barr Pharmaceuticals Inc), Agreement and Plan of Merger (Sicor Inc), Agreement and Plan of Merger (Talbots Inc)
Directors. Subject to applicable Law, the directors of Merger Sub immediately prior to the Effective Time shall be the initial directors of the Surviving Corporation Company and shall hold office until their respective successors are duly elected and qualified, or their earlier death, resignation or removal.
Appears in 8 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Valspar Corp), Agreement and Plan of Merger (Sherwin Williams Co)
Directors. Subject to applicable Law, the The directors of Merger Sub immediately prior to the Effective Time shall be the initial directors of the Surviving Corporation and shall hold office Corporation, until their respective successors are have been duly elected or appointed and qualified, qualified or until their earlier death, resignation or removalremoval in accordance with the Surviving Corporation's certificate of incorporation and by-laws.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Open Market Inc), Agreement and Plan of Merger (Open Market Inc), Agreement and Plan of Merger (Divine Inc)
Directors. Subject to applicable Law, the The directors of Merger Sub immediately prior to the Effective Time shall be the initial directors of the Surviving Corporation and shall hold office Corporation, until their respective successors are have been duly elected or appointed and qualified, qualified or until their earlier death, resignation or removalremoval in accordance with the Surviving Corporation's Certificate of Incorporation and by-laws.
Appears in 4 contracts
Samples: Agreement and Plan of Merger and Reorganization (Divine Inc), Agreement and Plan of Merger and Reorganization (Rowecom Inc), Agreement and Plan of Merger (Eshare Communications Inc)
Directors. Subject to applicable Law, the directors of Merger Sub immediately prior to as of the Effective Time shall be the initial directors of the Surviving Corporation and shall hold office until their respective successors are duly elected and qualified, or their earlier death, incapacitation, retirement, resignation or removal.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (ProSight Global, Inc.), Agreement and Plan of Merger (Metals Usa Holdings Corp.), Agreement and Plan of Merger (Reliance Steel & Aluminum Co)
Directors. Subject to applicable Law, the directors of Merger Sub as of immediately prior to the Effective Time shall be the initial directors of the Surviving Corporation and shall hold office until their respective successors are duly elected and qualified, or their earlier death, resignation or removal.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Bankrate, Inc.), Agreement and Plan of Merger (Bankrate Inc), Agreement and Plan of Merger (Bankrate Inc)
Directors. Subject to applicable Lawlaw, the directors of the Merger Sub immediately prior to the Effective Time shall be the initial directors of the Surviving Corporation and shall hold office until their respective successors are duly elected and qualified, or their earlier death, resignation or removal.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Corcom Inc), Agreement and Plan of Merger (Communications Instruments Inc), Agreement and Plan of Merger (Thermal Industries Inc)
Directors. Subject to applicable Law, the The directors of Merger Sub immediately prior to at the Effective Time shall be the initial directors of the Surviving Corporation and shall Corporation, to hold office in accordance with the articles of incorporation and bylaws of the Surviving Corporation until their respective successors are duly elected or appointed and qualified, qualified or until their earlier death, resignation or removal.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Hard Rock Hotel Inc), Agreement and Plan of Merger (Morgans Hotel Group Co.), Agreement and Plan of Merger (O2wireless Solutions Inc)
Directors. Subject to applicable Lawlaw, the directors of Merger Sub immediately prior to the Effective Time shall be the initial directors of the Surviving Corporation and shall hold office until their respective successors are duly elected and qualified, or their earlier death, resignation or removal.
Appears in 3 contracts
Samples: Ii Agreement and Plan of Merger (Luxottica Group Spa), Agreement and Plan of Merger (Sheldahl Inc), Agreement and Plan of Merger (Cole National Corp /De/)
Directors. Subject to applicable Law, the The directors of Merger Sub I immediately prior to the Effective Time shall be the initial directors of the Surviving Corporation surviving corporation in the Initial Merger and shall hold office until their respective successors are duly elected and qualified, or their earlier death, resignation or removal.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Synnex Corp), Agreement and Plan of Merger (Synnex Corp), Agreement and Plan of Merger (Convergys Corp)
Directors. Subject to applicable Law, the directors of Merger Sub immediately prior to the Effective Time shall be the initial directors of the Surviving Corporation and shall hold office until their respective successors are duly elected or appointed and qualified, qualified or their earlier death, resignation or removalremoval in accordance with the articles of incorporation and code of regulations of the Surviving Corporation.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (DPL Inc), Agreement and Plan of Merger (DPL Inc), Agreement and Plan of Merger (Aes Corp)
Directors. Subject to applicable Law, the directors of Merger Sub immediately prior to the Effective Time shall be the initial directors of the Surviving Corporation and shall hold office until their respective successors are duly elected and qualifiedqualify, or their earlier death, resignation or removal.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Allegheny Energy, Inc), Agreement and Plan of Merger (Firstenergy Corp), Agreement and Plan of Merger
Directors. Subject to applicable Law, the directors of Merger Sub immediately prior to the Effective Time shall be the initial directors of the Surviving Corporation and shall hold office until their respective successors are duly elected or appointed and qualified, qualified or their earlier death, resignation or removalremoval in accordance with the certificate of incorporation and bylaws of the Surviving Corporation.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Vertro, Inc.), Agreement and Plan of Merger (Inuvo, Inc.), Agreement and Plan of Merger (Vertro, Inc.)
Directors. Subject to applicable Law, the The directors of Merger Sub in office immediately prior to the Effective Time Date shall be the initial directors of the Surviving Corporation and shall will hold office from the Effective Date until their respective successors are duly elected or appointed and qualifiedqualified in the manner provided in the Surviving Corporation's Charter and By-laws, or their earlier death, resignation or removalas otherwise provided by law.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (El Paso Natural Gas Co), Agreement and Plan of Merger (El Paso Energy Corp/De)
Directors. Subject to applicable Lawlaw, the directors of Merger Sub immediately prior to the Effective Time shall be the initial directors of the Surviving Corporation and shall hold office until their respective successors are duly elected and qualified, or their earlier death, resignation or removalremoval in accordance with the articles of incorporation or by-laws of the Surviving Corporation.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Luxottica Group Spa), Agreement and Plan of Merger (Oakley Inc)
Directors. Subject to applicable Law, the The directors of Merger Sub immediately prior to the Effective Time shall be the initial directors --------- of the Surviving Corporation and shall hold office Corporation, until their respective successors are have been duly elected or appointed and qualified, qualified or until their earlier death, resignation or removalremoval in accordance with the Surviving Corporation's Articles of Incorporation and By-Laws.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Usweb Corp), Agreement and Plan of Merger (Usweb Corp)
Directors. Subject to applicable Law, the directors Each director of Merger Sub immediately prior to the Effective Time shall be the an initial directors director of the Surviving Corporation and shall Company, to hold office in accordance with the Certificate of Incorporation and Bylaws, until their respective successors are his or her successor shall have been duly elected and qualified, shall have qualified or their until his or her earlier death, death or resignation or removalremoval in accordance with the Certificate of Incorporation and Bylaws.
Appears in 2 contracts
Samples: Merger Agreement (800america Com Inc), Merger Agreement and Plan (800america Com Inc)
Directors. Subject to applicable Law, the directors of Merger Sub MergeCo immediately prior to the Effective Time shall be the initial directors of the Surviving Corporation and shall hold office until their respective successors are duly elected and qualified, or their earlier death, resignation or removal.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Big Flower Holdings Inc/), Agreement and Plan of Merger (Big Flower Holdings Inc/)
Directors. Subject to requirements of applicable Law, the directors of Merger Sub immediately prior to the Effective Time shall shall, from and after the Effective Time and from and after the effective time of the Subsequent Merger, be the initial directors of the Surviving Corporation and shall hold office until their respective successors are have been duly elected or appointed and qualified, qualified or until their earlier death, resignation or removalremoval in accordance with the Articles of Incorporation and the By-Laws.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Ivax Corp), Agreement and Plan of Merger (Teva Pharmaceutical Industries LTD)
Directors. Subject to applicable Lawlaw, the directors of --------- Merger Sub immediately prior to the Effective Time shall be the initial directors of the Surviving Corporation and shall hold office until their respective successors are duly elected and qualified, or their earlier death, resignation or removal.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Ingenico S A), Agreement and Plan of Merger (Ivi Checkmate Corp)
Directors. Subject to applicable Law, the directors of Merger Sub immediately prior to the Effective Time shall be the initial directors of the Surviving Corporation and shall hold office until their respective successors are duly elected and qualified, or their earlier death, resignation or removalremoval in accordance with the articles of incorporation and bylaws of the Surviving Corporation.
Appears in 2 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Silverleaf Resorts Inc)
Directors. Subject to applicable Law, the directors of Merger Sub immediately prior to the Effective Time shall be the The initial directors of the Surviving Corporation and shall hold office be the directors of Merger Sub 2 immediately prior to the Second Effective Time, until their respective successors are duly elected or appointed and qualified, or their earlier death, resignation or removal.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Flextronics International Ltd.), Agreement and Plan of Merger (Solectron Corp)
Directors. Subject to applicable Law, the directors of Merger Sub immediately prior to the Effective Time shall be be, as of the initial Effective Time, the directors of the Surviving Corporation and shall hold office until their respective successors are duly elected and qualified, or their earlier death, resignation or removal.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Stratex Oil & Gas Holdings, Inc.), Agreement and Plan of Merger (RICHFIELD OIL & GAS Co)
Directors. Subject to applicable Law, the The directors of Merger Sub immediately prior to the Effective Time shall be the initial directors of the Surviving Corporation and shall Company, each to hold office in accordance with the certificate of incorporation and bylaws, until their respective successors are duly elected or appointed and qualified, qualified in accordance with the certificate of incorporation and bylaws or until their earlier death, resignation or removal.
Appears in 2 contracts
Samples: Offer and Merger Agreement (Air Express International Corp /De/), Tender Offer and Merger Agreement (Dp Acquisition Corp)
Directors. Subject to applicable Law, the The directors of Merger Sub immediately prior to the Effective Time shall be the initial directors of the Surviving Corporation and shall hold office Corporation, until their respective successors are have been duly elected or appointed and qualified, qualified or until their earlier death, resignation or removalremoval in accordance with the Surviving Corporation’s Articles of Incorporation and by-laws.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Tailwind Acquisition Corp.), Agreement and Plan of Merger (Zebra Technologies Corp/De)
Directors. Subject to applicable LawUnless otherwise directed by Parent, the directors of Merger Sub immediately prior to the Effective Time shall be the initial directors of the Surviving Corporation and shall Entity, each to hold office in accordance with the Surviving Entity Certificate of Incorporation and the Surviving Entity Bylaws until their respective successors are such director’s successor is duly elected or appointed and qualified, or until the earlier of their earlier death, resignation or removal.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Priority Technology Holdings, Inc.), Agreement and Plan of Merger (Priority Technology Holdings, Inc.)
Directors. Subject to applicable Law, the directors of Merger Sub immediately prior to the Effective Time shall at the Effective Time be the initial appointed as directors of the Surviving Corporation and shall hold office until their respective successors are duly elected and qualified, or their earlier death, resignation or removal.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Essilor International /Fi), Agreement and Plan of Merger (FGX International Holdings LTD)
Directors. Subject to applicable Law, the directors of Merger Sub immediately prior to as of the Effective Time shall be the initial directors of the Surviving Corporation and shall hold office until their respective successors are duly elected and qualified, or until their earlier death, resignation or removal, in accordance with the Surviving Corporation’s certificate of incorporation and by-laws; provided, however, that the initial directors of the Surviving Corporation shall include any directors that the holders of the Preferred Shares are entitled to elect pursuant to Section 6.1 of the Certificate of Designation.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Caucuscom Mergerco Corp.)
Directors. Subject to applicable Lawlaw, the directors of Merger Sub immediately prior to the Effective Time shall be the initial directors of the Surviving Corporation immediately following the Effective Time and shall hold office until their respective successors are duly elected and qualified, or their earlier death, resignation or removal.
Appears in 1 contract
Directors. Subject to applicable Law, at the Effective Time, the directors of Merger Sub immediately prior to the Effective Time shall be become the initial directors of the Surviving Corporation and shall Corporation, each to hold office in accordance with the certificate of incorporation and bylaws of the Surviving Corporation until their respective successors are duly elected or appointed and qualified, qualified or until their earlier death, resignation or removal.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Medidata Solutions, Inc.)
Directors. Subject to applicable Law, the The directors of Merger Sub immediately prior to the Effective Time shall be the initial directors of the Surviving Corporation and shall hold office until their respective successors are duly elected and qualified, or their earlier death, resignation or removalremoval in accordance with applicable law and the Surviving Corporation's articles of incorporation and bylaws.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Mity Enterprises Inc)
Directors. Subject to applicable Lawlaw, the directors of Merger Sub Corp. immediately prior to the Effective Time shall be the initial directors trustees of the Surviving Corporation Trust and shall hold office until their respective successors are duly elected and qualified, or their earlier death, resignation or removal.
Appears in 1 contract
Directors. Subject to applicable Law, the The directors of Merger Sub immediately prior to the Effective Time shall be the initial directors of the Surviving Corporation and shall Entity, each to hold office in accordance with the Surviving Entity Certificate of Incorporation and the Surviving Entity Bylaws until their respective successors are such director’s successor is duly elected or appointed and qualified, or until the earlier of their earlier death, resignation or removal.
Appears in 1 contract
Directors. Subject to applicable Law, the directors of Merger Sub immediately prior to the Effective Time shall be the initial directors of the Surviving Corporation and shall hold office until their respective successors are duly elected and qualified, or their earlier death, incapacitation, retirement, resignation or removal, in accordance with the charter and bylaws of the Surviving Corporation.
Appears in 1 contract
Directors. Subject to requirements of applicable Law, the directors of Merger Sub immediately prior to the Effective Time shall shall, from and after the Effective Time, be the initial directors of the Surviving Corporation and shall hold office until their respective successors are have been duly elected or appointed and qualified, qualified or until their earlier death, resignation or removalremoval in accordance with the Organizational Documents.
Appears in 1 contract
Directors. Subject to applicable Law, the directors of Merger Sub as of immediately prior to the Effective Time shall be the initial directors of the Surviving Corporation and shall hold office until their respective successors are duly elected and qualified, or their earlier death, incapacitation, retirement, resignation or removal.
Appears in 1 contract
Directors. Subject to applicable Law, the directors of Merger Sub immediately prior to the Effective Time shall be the initial directors of the Surviving Corporation and shall hold office until their respective successors are duly elected and qualified, or their Agreement and Plan of Merger earlier death, resignation or removalremoval in accordance with the articles of incorporation and bylaws of the Surviving Corporation.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Silverleaf Resorts Inc)
Directors. Subject to applicable Law, the The directors of Merger Sub immediately prior to the Effective Time shall be the initial directors of the Surviving Corporation Entity immediately after the Effective Time, each to hold the office in accordance with the applicable provisions of the DGCL and shall hold office the certificate of incorporation and bylaws of the Surviving Entity until their respective successors are duly elected or appointed and qualified, qualified or their earlier death, resignation or removal.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Compass Group Diversified Holdings LLC)
Directors. Subject to applicable Law, the directors of Merger Sub as of immediately prior to the Effective Time shall be be, as of the Effective Time, the initial directors of the Surviving Corporation and shall hold office until their respective successors are duly elected and qualified, or their earlier death, resignation or removal.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Varian Medical Systems Inc)
Directors. Subject to applicable Law, the The directors of Merger Sub immediately prior to the Effective Time shall be the initial directors of the Surviving Corporation and shall hold office Corporation, until their respective successors are have been duly elected or appointed and qualified, qualified or until their earlier death, resignation or removalremoval in accordance with the Surviving Corporation's articles of incorporation and bylaws.
Appears in 1 contract
Directors. Subject to applicable LawLaws, the directors of Merger Sub immediately prior to as of the Effective Time shall be the initial directors of the Surviving Corporation and shall hold office until their respective successors are duly elected and qualified, or their earlier death, resignation or removal.
Appears in 1 contract
Directors. Subject to applicable Law, the directors of Merger Sub immediately prior to as of the Effective Time shall be the initial directors of the Surviving Corporation as of the Effective Time and shall hold office until their respective successors are duly elected and qualified, or their earlier death, resignation or removal.
Appears in 1 contract
Directors. Subject to applicable Law, the directors of Merger Sub immediately prior to as of the Effective Time shall be the initial directors of the Surviving Corporation and shall hold office until their respective successors are duly elected and qualified, or until their earlier death, resignation or removal, in accordance with the Surviving Corporation's certificate of incorporation and by-laws; provided, however, that the initial directors of the Surviving Corporation shall include any directors that the holders of the Preferred Shares are entitled to elect pursuant to Section 6.1 of the Certificate of Designation.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Metromedia International Group Inc)
Directors. Subject to applicable Law, the The directors of Merger Sub immediately prior to the Effective Time shall be the initial directors of the Surviving Corporation and shall Entity, each to hold office in accordance with the Surviving Entity Certificate of Incorporation and the Surviving Entity Bylaws until their respective successors are such director’s successor is duly elected or appointed and qualified, or their earlier death, resignation or removal.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Logan's Roadhouse of Kansas, Inc.)
Directors. Subject to applicable Law, the directors of Merger Sub immediately prior to the Effective Time shall be designated by the Company and the Parent, with the Parent designating one (1) director and the Company designating three (3) directors prior to the Effective Time. From and after the Effective Time, the directors of Merger Sub immediately prior to the Effective Time shall be the initial directors of the Surviving Corporation and Company. The initial directors of the Surviving Company shall hold office until their respective successors are duly elected and qualified, or their earlier death, resignation or removal.
Appears in 1 contract
Directors. Subject to applicable Law, the directors of Merger Sub immediately prior to the Effective Time shall be the initial directors of the Surviving Corporation as of the Effective Time and shall hold office until their respective successors are duly elected and qualified, or their earlier death, resignation or removal.
Appears in 1 contract
Directors. Subject to applicable Lawthe provisions of Section 11.1 relating to the election of directors, the directors of Merger Sub immediately prior to the Effective Time shall shall, from and after the Effective Time, be the initial directors of the Surviving Corporation and shall hold office until their respective successors are have been duly elected or appointed and qualified, qualified or until their earlier death, resignation or removalremoval in accordance with the certificate of incorporation and bylaws of the Surviving Corporation.
Appears in 1 contract
Directors. Subject to applicable Law, the The directors of Merger Sub immediately prior to the Effective Time shall be the initial directors of the Surviving Corporation and shall hold office until their respective successors are duly elected and qualified, or their earlier death, resignation or removalremoval in accordance with applicable law and the Surviving Corporation’s articles of incorporation and bylaws.
Appears in 1 contract
Directors. Subject to applicable Law, the The directors of Merger Sub immediately prior to the Effective Time shall be the initial --------- directors of the Surviving Corporation and shall hold office Corporation, until their respective successors are have been duly elected or appointed and qualified, qualified or until their earlier death, resignation or removalremoval in accordance with the Surviving Corporation's articles of incorporation and bylaws.
Appears in 1 contract
Directors. Subject to applicable Law, the The directors of Merger Sub as of immediately prior to the Effective Time shall be the initial directors of the Surviving Corporation Corporation, with the same rights and duties attendant thereto, as existed immediately prior to the Effective Time at Merger Sub. Such directors shall hold office their positions from and after the Effective Time until the earlier of their resignation or removal or until their respective successors are duly elected or appointed and qualifiedqualify in the manner provided in the Certificate of Incorporation and Bylaws, or their earlier death, resignation or removalas otherwise provided by applicable law.
Appears in 1 contract
Directors. Subject to applicable Law, the The directors of Merger Sub immediately prior to the Effective Time shall be the initial directors of the Surviving Corporation and shall Entity, each to hold office in accordance with the Surviving Entity’s Organizational Documents until their respective successors are such director’s successor is duly elected or appointed and qualified, or until the earlier of their earlier death, resignation or removal.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Share Acquisition (26 Capital Acquisition Corp.)
Directors. Subject to applicable Law, the The directors of Merger Sub immediately prior to the Effective Time shall be the initial directors of the Surviving Corporation and shall Entity, each to hold office in accordance with the Surviving Entity Bylaws until their respective successors are such director’s successor is duly elected or appointed and qualified, qualified or their until such director’s earlier death, resignation incapacity or removalremoval in accordance with the Surviving Entity Bylaws.
Appears in 1 contract
Directors. Subject to applicable Law, the directors of Merger Sub immediately prior to the Effective Time shall be the initial appointed as directors of the Surviving Corporation and shall hold office until their respective successors are duly elected and qualified, or their earlier death, resignation or removal.
Appears in 1 contract
Directors. Subject to applicable Law, the The directors of Merger Sub immediately prior to the Effective Time shall be the initial directors of the Surviving Corporation and shall Company, each to hold office in accordance with the certificate of incorporation and bylaws, until their respective successors are duly elected or appointed and qualified, or their earlier death, resignation or removal.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Analysis & Technology Inc)
Directors. Subject to applicable Law, the The directors of Merger Sub immediately prior to the Effective Time shall shall, at the Effective Time, be the initial directors of the Surviving Corporation and shall Entity, each to hold office in accordance with the certificate of incorporation and bylaws of the Surviving Entity until their respective successors are such director’s successor is duly elected or appointed and qualified, or their earlier death, resignation or removal.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Ventrus Biosciences Inc)
Directors. Subject to applicable Law, the The directors of Merger Sub immediately prior to the Effective Time shall be the initial directors of the Surviving Corporation Company and shall hold office until their respective successors are duly elected and qualified, or their earlier death, resignation or removal, in each case in accordance with the certificate of incorporation and bylaws of the Surviving Company.
Appears in 1 contract
Directors. Subject to applicable Law, the The directors of Merger Sub immediately prior to the Effective Time shall be the initial directors of the Surviving Corporation and shall Entity, each to hold office in accordance with the limited liability company agreement of the Surviving Entity until their respective successors are such director's successor is duly elected or appointed and qualified, or their earlier death, resignation or removal.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Global Power Equipment Group Inc/)
Directors. Subject to applicable Law, the directors of Merger Sub immediately prior to the Effective Time shall be the initial directors of the Surviving Corporation and shall hold office until their respective successors are duly elected and qualified, or their earlier death, incapacitation, retirement, resignation or removal, in accordance with the charter and bylaws of the Surviving Corporation.
Appears in 1 contract
Directors. Subject to applicable Law, the directors of Merger Sub immediately prior to the Effective Time shall be the initial directors of the Surviving Corporation Entity and shall hold office until their respective successors are duly elected and qualified, or their earlier death, resignation or removal.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Axos Financial, Inc.)
Directors. Subject to applicable Law, the directors of Merger Sub immediately prior to the Effective Time shall shall, from and after the Effective Time, be the initial directors of the Surviving Corporation and shall hold office until their respective successors are duly elected and qualified, or their earlier death, incapacitation, retirement, resignation or removal, in accordance with the certificate of incorporation and bylaws of the Surviving Corporation.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Volt Information Sciences, Inc.)
Directors. Subject to applicable LawExcept as otherwise directed in writing by Parent, the directors of Merger Sub immediately prior to the Effective Time shall be the initial directors of the Surviving Corporation and shall hold office until their respective successors are duly elected or appointed and qualified, or their earlier death, resignation or removal, in accordance with the certificate of incorporation and bylaws of the Surviving Corporation or as otherwise provided by Law.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Cambium Learning Group, Inc.)
Directors. Subject to applicable Law, the directors of Merger Sub immediately prior to the Effective Time shall be be, as of the initial Effective Time, the directors of the Surviving Corporation surviving corporation in the Merger and shall hold office until their respective successors are duly elected and qualified, or their earlier death, resignation or removal.
Appears in 1 contract
Samples: Agreement and Plan of Merger (EnerJex Resources, Inc.)
