Common use of Articles of Incorporation and Bylaws of the Surviving Corporation Clause in Contracts

Articles of Incorporation and Bylaws of the Surviving Corporation. At the Effective Time, by virtue of the Merger, the articles of incorporation and bylaws attached hereto as Exhibit C and Exhibit D, respectively, shall be the articles of incorporation (“Surviving Corporation Charter”) and bylaws (“Surviving Corporation Bylaws”) of the Surviving Corporation until thereafter amended in accordance with the provisions thereof and applicable Law.

Articles of Incorporation and Bylaws of the Surviving Corporation. At the Effective Time, by virtue of the Merger, the articles of incorporation and bylaws attached hereto of Merger Sub as Exhibit C and Exhibit D, respectively, in effect immediately prior to the Effective Time shall be the articles of incorporation (“Surviving Corporation Charter”) and bylaws (“Surviving Corporation Bylaws”) bylaws, respectively, of the Surviving Corporation Corporation, until thereafter amended in accordance with the provisions thereof and applicable Law.

Articles of Incorporation and Bylaws of the Surviving Corporation. At the Effective Time, by virtue of the Merger, (a) the articles of incorporation of the Surviving Corporation (the “Charter”) shall be amended as set forth on Exhibit A and (b) the bylaws of the Surviving Corporation (the “Bylaws”) shall be amended and restated in their entirety to be substantially in the form attached hereto as Exhibit C and Exhibit DB, respectively, shall be the articles of incorporation (“Surviving Corporation Charter”) and bylaws (“Surviving Corporation Bylaws”) of the Surviving Corporation until thereafter amended in accordance with the provisions thereof and as provided therein or by applicable Law.

Articles of Incorporation and Bylaws of the Surviving Corporation. At the Effective Time, Time by virtue of the MergerMerger and without further action on the part of the Parties, the articles Articles of incorporation Incorporation and bylaws attached hereto as Exhibit C Bylaws of the Merger Sub immediately prior to the Closing shall become the Articles of Incorporation and Exhibit D, respectively, shall be the articles of incorporation (“Surviving Corporation Charter”) and bylaws (“Surviving Corporation Bylaws”) Bylaws of the Surviving Corporation until thereafter amended in accordance with the provisions thereof and applicable Lawrespective terms thereof; provided, however, that, notwithstanding the foregoing, Article 1 of the Articles of Incorporation of the Surviving Corporation shall continue to read as follows: “The name of the Corporation is EGENE, INC.”

Articles of Incorporation and Bylaws of the Surviving Corporation. At the Effective Time, by virtue the Articles of the Merger, the articles Incorporation of incorporation and bylaws attached hereto as Exhibit C and Exhibit D, respectively, Surviving Corporation shall be in a form to be agreed by Merger Sub and the articles Company and attached to the Agreement of incorporation Merger (“Surviving Corporation Charter”the "Restated Articles") and bylaws (“Surviving Corporation Bylaws”) of the Surviving Corporation until thereafter duly amended in accordance with applicable Law, and the provisions thereof and Bylaws of Merger Sub as in effect immediately prior to the Effective Time shall be the Bylaws of Surviving Corporation until duly amended in accordance with applicable Law.