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

Articles of Incorporation and Bylaws of the Surviving Corporation. (a) The articles of incorporation of Merger Sub as in effect immediately prior to the Effective Time, shall be the articles of incorporation of the Surviving Corporation until thereafter amended in accordance with the provisions thereof and the provisions of this Agreement and applicable Law, in each case consistent with the obligations set forth in Section 5.9. (b) The bylaws of Merger Sub as in effect immediately prior to the Effective Time shall be the bylaws of the Surviving Corporation until thereafter amended in accordance with the provisions thereof and the provisions of this Agreement and applicable Law, in each case consistent with the obligations set forth in Section 5.9.

Articles of Incorporation and Bylaws of the Surviving Corporation. (a) The articles of incorporation of Merger Sub the Company, as in effect immediately prior to the Effective Time, shall be the articles of incorporation of the Surviving Corporation until thereafter amended in accordance with the provisions thereof and the provisions of this Agreement thereof, hereof and applicable Law, in each case consistent with the obligations set forth in Section 5.9. (b) The bylaws of Merger Sub as in effect immediately prior to the Effective Time Time, shall be the bylaws of the Surviving Corporation until thereafter amended in accordance with the provisions thereof and the provisions of this Agreement thereof, hereof and applicable Law, in each case consistent with the obligations set forth in Section 5.9.

Articles of Incorporation and Bylaws of the Surviving Corporation. (a) The articles of incorporation of Merger Sub the Company, as in effect immediately prior to the Effective Time, shall be amended in the Merger to be in the form of the articles of incorporation of Merger Sub (as in effect immediately prior to the Effective Time except that Article I shall be amended to read “The name of the corporation is Waste Industries USA, Inc.”) and, as so amended, such articles of incorporation shall be the articles of incorporation of the Surviving Corporation until thereafter amended in accordance with the provisions thereof and the provisions of this Agreement and applicable Law, in each case consistent with the obligations set forth in Section 5.95.8. (b) The bylaws of Merger Sub Sub, as in effect immediately prior to at the Effective Time Time, shall be the bylaws of the Surviving Corporation until thereafter amended in accordance with the provisions thereof and the provisions of this Agreement and applicable Law, in each case consistent with the obligations set forth in Section 5.95.8.

Articles of Incorporation and Bylaws of the Surviving Corporation. (a) The articles of incorporation of Merger Sub as in effect immediately prior to At the Effective Time, shall be by virtue of the Merger and without any action on the part of Merger Sub or the Company (a) the articles of incorporation of the Surviving Corporation Company shall be amended and restated to read as set forth on Exhibit D hereto until thereafter amended in accordance with the provisions thereof and the provisions of this Agreement applicable Law and applicable Law, in each case consistent with the obligations set forth in Section 5.9. (b) The bylaws of Merger Sub as in effect immediately prior to the Effective Time shall be the bylaws of the Surviving Corporation Company shall be amended and restated to read as set forth on Exhibit E hereto until thereafter amended in accordance with the provisions thereof and the provisions of this Agreement and applicable Law, in each case consistent with subject to the obligations set forth in provisions of Section 5.95.9(a).