Common use of Agreement of Surviving Corporation Clause in Contracts

Agreement of Surviving Corporation. The Surviving Corporation hereby consents and agrees that: (a) The Surviving Corporation may be served with process in the State of Nevada in any proceeding for the enforcement of any obligation of EZ as well as for enforcement of any obligation of the Surviving Corporation arising from the merger and in any proceeding for the enforcement of the rights of a dissenting shareholder of EZ against the Surviving Corporation; (b) The Secretary of State of the State of Nevada shall be, and hereby is, irrevocable appointed as the agent of such Surviving Corporation to accept service of process in any such proceeding; (c) The Surviving Corporation's address for any service of process received by the Secretary of State is Nevada Agency and Trust Co, 50 Xxxx Xxxxxxx Xxxxxx, Xxxxx 000, Xxxx, Xxxxxx 00000. (d) Such Surviving Corporation will promptly pay to the dissenting shareholders of EZ the amount, if any, to which they shall be entitled under the provisions of the Nevada Revised Statutes with respect to the rights of dissenting shareholders; and (e) The Surviving Corporation shall keep on file at its principal place of business a copy of the Agreement and Plan of Merger, as filed in the State of Nevada, which will be provided, without cost, to shareholders of the Surviving Corporation when request.

Agreement of Surviving Corporation. The Surviving Corporation hereby consents and agrees that: (a) The Surviving Corporation may be served with process in the State of Nevada Utah in any proceeding for the enforcement of any obligation of EZ DISX as well as for enforcement of any obligation of the Surviving Corporation arising from the merger and in any proceeding for the enforcement of the rights of a dissenting shareholder of EZ DISX against the Surviving Corporation; (b) The Secretary of State of the State of Nevada Utah shall be, and hereby is, irrevocable appointed as the agent of such Surviving Corporation to accept service of process in any such proceeding; (c) The Surviving Corporation's address for any service of process received by the Secretary of State is Nevada Agency and Trust Co, 50 Xxxx Xxxxxxx Xxxxxx, Xxxxx 000, Xxxx, Xxxxxx 00000. (d) Such Surviving Corporation will promptly pay to the dissenting shareholders of EZ DISX the amount, if any, to which they shall be entitled under the provisions of the Nevada Utah Revised Statutes Business Corporation Act with respect to the rights of dissenting shareholders; and (e) The Surviving Corporation shall keep on file at its principal place of business a copy of the Agreement and Plan of Merger, as filed in the State of NevadaUtah, which will be provided, without cost, to shareholders of the Surviving Corporation when request.

Agreement of Surviving Corporation. The Surviving Corporation hereby consents and agrees that: (a) The Surviving Corporation may be served with process in the State of Nevada Utah in any proceeding for the enforcement of any obligation of EZ DII as well as for enforcement of any obligation of the Surviving Corporation arising from the merger and in any proceeding for the enforcement of the rights of a dissenting shareholder of EZ DII against the Surviving Corporation; (b) The Secretary of State of the State of Nevada Utah shall be, and hereby is, irrevocable appointed as the agent of such Surviving Corporation to accept service of process in any such proceeding; (c) The Surviving Corporation's address for any service of process received by the Secretary of State is Nevada Agency and Trust Co, 50 Xxxx Xxxxxxx Xxxxxx, Xxxxx 000, Xxxx, Xxxxxx 00000. (d) Such Surviving Corporation will promptly pay to the dissenting shareholders of EZ DII the amount, if any, to which they shall be entitled under the provisions of the Nevada Utah Revised Statutes Business Corporation Act with respect to the rights of dissenting shareholders; and (e) The Surviving Corporation shall keep on file at its principal place of business a copy of the Agreement and Plan of Merger, as filed in the State of NevadaUtah, which will be provided, without cost, to shareholders of the Surviving Corporation when request.

Agreement of Surviving Corporation. The Surviving Corporation hereby consents and agrees that: (a) The Surviving Corporation may be served with process in the State of Nevada in any proceeding for the enforcement of any obligation of EZ MERGER CO. as well as for enforcement of any obligation of the Surviving Corporation arising from the merger and in any proceeding for the enforcement of the rights of a dissenting shareholder of EZ MERGER CO. against the Surviving Corporation; (b) The Secretary of State of the State of Nevada shall be, and hereby is, irrevocable irrevocably appointed as the agent of such Surviving Corporation to accept service of process in any such proceeding; (c) The Surviving Corporation's address for any service of process received by the Secretary of State is Nevada Agency and Trust Co, 50 Xxxx Xxxxxxx 0000 Xxxxx Xxxxxx Xxxxxx, Xxxxx 000Carson City, Xxxx, Xxxxxx 00000Nevada 89706. (d) Such Surviving Corporation will promptly pay to the dissenting shareholders of EZ MERGER CO. the amount, if any, to which they shall be entitled under the provisions of the Nevada Revised Statutes with respect to the rights of dissenting shareholders; and (e) The Surviving Corporation shall keep on file at its principal place of business a copy of the Agreement and Plan of Merger, as filed in the State of Nevada, which will be provided, without cost, to shareholders of the Surviving Corporation when requestrequested.