Common use of Articles of Incorporation and By-Laws Clause in Contracts

Articles of Incorporation and By-Laws. The Articles of Incorporation and By-laws of Merger Sub in effect immediately prior to the Effective Time shall be the Articles of Incorporation and By-laws of the Surviving Corporation, until duly amended in accordance with applicable law.

Articles of Incorporation and By-Laws. The Articles of ------------------------------------- Incorporation and By-laws Laws of Merger Sub in effect immediately prior to the Effective Time shall be the Articles of Incorporation and By-laws Laws of the Surviving CorporationCorporation following the Merger, until duly amended in accordance with applicable lawunless otherwise repealed or amended.

Articles of Incorporation and By-Laws. The Articles of Incorporation and By-laws Laws of Merger Sub Seller in effect immediately prior to the Effective Time shall be the Articles of Incorporation and By-laws Laws of the Surviving CorporationCorporation following the Merger, until duly amended in accordance with applicable lawunless otherwise repealed or amended.

Articles of Incorporation and By-Laws. (a) The Articles articles of Incorporation and By-laws incorporation of Merger Sub Sub, as in effect immediately prior to the Effective Time Time, shall be the Articles articles of Incorporation and Byincorporation of the Surviving Entity until thereafter changed or amended as provided therein or by the CGCL or applicable Law. (b) The by-laws of Merger Sub, as in effect immediately prior to the Effective Time, shall be the by-laws of the Surviving Corporation, Entity until duly thereafter changed or amended in accordance with as provided therein or by applicable lawLaw.

Articles of Incorporation and By-Laws. The Articles of Incorporation and By-laws Laws of Merger Sub in effect immediately prior to the Effective Time shall be the Articles of Incorporation and By-laws Laws of the Surviving CorporationCorporation following the Merger, until duly amended in accordance with applicable lawunless otherwise repealed or amended.

Articles of Incorporation and By-Laws. The Articles of Incorporation and the By-laws Laws of Merger Sub in effect immediately prior to the Effective Time shall be the Articles of Incorporation and the By-laws Laws of the Surviving Corporation, in each case until duly amended in accordance with applicable law.

Articles of Incorporation and By-Laws. The Articles of Incorporation and By-laws of Merger Sub in effect immediately prior to the Effective Time shall be the Articles of Incorporation and By-laws of the Surviving Corporation, Corporation following the Merger until duly amended in accordance with applicable law.

Articles of Incorporation and By-Laws. (a) The Articles articles of Incorporation and By-laws incorporation of the Merger Sub Sub, as in effect immediately prior to the Effective Time Time, shall be the Articles articles of Incorporation and Byincorporation of the Surviving Entity until thereafter changed or amended. (b) The by-laws of the Merger Sub, as in effect immediately prior to the Effective Time, shall be the by-laws of the Surviving Corporation, Entity until duly thereafter changed or amended in accordance with as provided therein or by applicable lawLaw.

Articles of Incorporation and By-Laws. The Articles of Incorporation and By-laws of Merger Sub the Company, each as in effect immediately prior to the Effective Time Merger Time, as amended, shall be respectively become the Articles of Incorporation and By-laws of the Surviving Corporation, Corporation immediately after the Merger Time and shall thereafter continue to be its Articles of Incorporation and Bylaws until duly amended in accordance with applicable lawas provided therein and under the CGCL.

Articles of Incorporation and By-Laws. The Articles of Incorporation and By-laws of Merger Sub in effect immediately prior to at the Effective Time shall be the Articles of Incorporation of the Surviving Corporation until amended in accordance with its terms and applicable Law; provided, however, that at the Effective Time, Article I of such articles shall be amended by virtue of this Agreement to read as follows: "The name of the corporation is Xxxxxxxxxx.xxx Inc." The By-laws of Merger Sub in effect at the Effective Time shall be the By-laws of the Surviving Corporation, Corporation until duly amended in accordance with its terms and applicable law.

Articles of Incorporation and By-Laws. The Articles articles of Incorporation incorporation and By-by laws of the Merger Sub Subsidiary in effect immediately prior to the Effective Time Time, in the forms attached to this Agreement as Exhibits B and C, respectively, shall be the Articles articles of Incorporation incorporation and By-by laws of the Surviving CorporationCorporation as of the Effective Time, until duly altered, amended or repealed in accordance with applicable lawLaws.

Articles of Incorporation and By-Laws. The Articles of ------------------------------------- Incorporation and By-laws Laws of Merger Sub in effect immediately prior to the Effective Time shall be the Articles of Incorporation and By-laws Laws of the Surviving Corporation, until duly amended in accordance with applicable lawunless otherwise appealed or amended.

Articles of Incorporation and By-Laws. The Upon the Merger becoming effective, the Articles of Incorporation and By-laws Laws of Merger Sub Subsidiary as in effect immediately prior to the Effective Time shall be the Articles of Incorporation and By-laws Laws, respectively, of the Surviving Corporation; provided, until duly amended in accordance that such Articles or By-Laws shall be modified, if necessary, to conform to the obligations of Respironics pursuant to Section 9.1 of the Reorganization Agreement with applicable lawrespect to the provisions relating to indemnification and limitation of liability.