Common use of Articles of Incorporation and Bylaws Clause in Contracts

Articles of Incorporation and Bylaws. The Company has heretofore furnished to Parent a complete and correct copy of the Articles of Incorporation and the Bylaws or equivalent organizational documents, each as amended to date, of the Company and each Subsidiary. Such Articles of Incorporation, Bylaws and equivalent organization documents are in full force and effect. Neither the Company nor any Subsidiary is in violation of any provision of its Articles of Incorporation, Bylaws or equivalent organizational documents.

Appears in 5 contracts

Samples: Merger Agreement (Ssi Acquisition Corp), Merger Agreement (Smartflex Systems Inc), Merger Agreement (Smartflex Systems Inc)

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Articles of Incorporation and Bylaws. The Company has heretofore previously furnished to Parent a complete and correct copy of the its Articles of Incorporation and the Bylaws or equivalent organizational documents, each as amended to datedate (together, of the Company and each Subsidiary"COMPANY CHARTER DOCUMENTS"). Such Articles of Incorporation, Bylaws Company Charter Documents and equivalent organization organizational documents of each of its subsidiaries are in full force and effect. Neither Company is not in violation of any of the provisions of the Company nor any Subsidiary Charter Documents, and no subsidiary of Company is in violation of any provision of its Articles of Incorporation, Bylaws or equivalent organizational documents.

Appears in 5 contracts

Samples: Agreement and Plan of Merger and Reorganization (Harbinger Corp), Merger Agreement (Realnetworks Inc), Merger Agreement (Peregrine Systems Inc)

Articles of Incorporation and Bylaws. The Company has heretofore furnished or made available to Parent a Parent, prior to the date of this Agreement, complete and correct copy copies of the Articles articles of Incorporation incorporation and bylaws or the Bylaws or equivalent organizational documents, in each case as amended or restated to datethe date hereof, of the Company and each Company Subsidiary. Such Articles of Incorporation, The Company Charter and Company Bylaws and equivalent organization other organizational documents of each Company Subsidiary are in full force and effect. Neither the Company nor any Company Subsidiary is in violation of any provision of the provisions of its Articles articles of Incorporation, Bylaws incorporation or bylaws (or equivalent organizational documents).

Appears in 2 contracts

Samples: Merger Agreement (Tyco International LTD /Ber/), Merger Agreement (Brink's Home Security Holdings, Inc.)

Articles of Incorporation and Bylaws. The Company has heretofore furnished to Parent a complete and correct copy of the Articles of Incorporation and the Bylaws or equivalent organizational documents, each as amended to date, of the Company and each Subsidiary. Such Articles of Incorporation, Bylaws and or equivalent organization documents organizational documents, as amended to date, are in full force and effect. Neither the Company nor any Subsidiary is in violation of any provision of the provisions of its Articles of Incorporation, Bylaws or equivalent organizational documents.

Appears in 2 contracts

Samples: Merger Agreement (Labone Inc/), Merger Agreement (Quest Diagnostics Inc)

Articles of Incorporation and Bylaws. The Company has heretofore previously furnished to Parent a complete and correct copy of the its Articles of Incorporation Amalgamation and the Bylaws or equivalent organizational documents, each as amended to datedate (together, of the Company and each Subsidiary"COMPANY CHARTER DOCUMENTS"). Such Articles of Incorporation, Bylaws Company Charter Documents and equivalent organization organizational documents of each of its subsidiaries are in full force and effect. Neither Company is not in violation of any of the provisions of the Company nor any Subsidiary Charter Documents, and no subsidiary of Company is in violation of any provision of its Articles of Incorporation, Bylaws or equivalent organizational documents.

Appears in 2 contracts

Samples: Acquisition Agreement (Peregrine Systems Inc), Acquisition Agreement (Peregrine Systems Inc)

Articles of Incorporation and Bylaws. The Company has heretofore previously furnished to Parent a complete and correct copy of the Articles of Incorporation and the Bylaws or of Company and equivalent organizational documentsdocuments of each of its subsidiaries, each as amended to date, of the Company and each Subsidiary. Such Articles of Incorporation, Bylaws and equivalent organization organizational documents of Company and each of its subsidiaries are in full force and effect. Neither the Company nor any Subsidiary of its subsidiaries is in violation of any provision of the provisions of its respective Articles of Incorporation, Incorporation or Bylaws or equivalent organizational documents.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Sawtek Inc \Fl\), Merger Agreement (Triquint Semiconductor Inc)

Articles of Incorporation and Bylaws. The Company has heretofore furnished to the Parent a complete and correct copy of the Articles of Incorporation and the Bylaws or equivalent organizational documents, each as amended to date, of the Company and each Subsidiary. Such Articles of Incorporation, Bylaws and equivalent organization organizational documents are in full force and effect. Neither the Company nor any Subsidiary is in violation of any provision of its Articles of Incorporation, Bylaws or equivalent organizational documents.

Appears in 1 contract

Samples: Merger Agreement (Aquapenn Spring Water Company Inc)

Articles of Incorporation and Bylaws. The Company has heretofore previously furnished to Parent a complete and correct copy of the its Articles of Incorporation and the Bylaws or equivalent organizational documents, each as amended to datedate (together, of the "Company and each SubsidiaryCharter Documents"). Such Articles of Incorporation, Bylaws and equivalent organization documents Company Charter Documents are in full force and effect. Neither the Company nor any Subsidiary is not in violation of any provision of its Articles the provisions of Incorporation, Bylaws or equivalent organizational documentsthe Company Charter Documents.

Appears in 1 contract

Samples: Merger Agreement (Nfront Inc)

Articles of Incorporation and Bylaws. The Company has heretofore previously furnished to Parent Purchaser a complete and correct copy of the its Articles of Incorporation and the Bylaws or equivalent organizational documents, each as amended to datedate (together, of the "Company and each SubsidiaryCharter Documents"). Such Articles of Incorporation, Bylaws and equivalent organization documents Company Charter Documents are in full force and effect. Neither the Company nor any Subsidiary is not in violation of any provision of its Articles the provisions of Incorporation, Bylaws or equivalent organizational documentsthe Company Charter Documents.

Appears in 1 contract

Samples: Merger Agreement (Tut Systems Inc)

Articles of Incorporation and Bylaws. The Company Parent has heretofore previously furnished to Parent a Company complete and correct copy copies of the its Articles of Incorporation and the Bylaws or equivalent organizational documents, each as amended to date, of the Company and each Subsidiary. Such Articles of Incorporation, Incorporation and Bylaws and equivalent organization organizational documents of each of its Subsidiaries are in full force and effect. Neither Parent is not in violation of any of the provisions of the Company nor any Subsidiary Charter Documents, and no subsidiary of Company is in violation of any provision of its Articles of Incorporation, Bylaws or equivalent organizational documents.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Isocor)

Articles of Incorporation and Bylaws. The Company has heretofore previously furnished to Parent a complete and correct copy of its Articles of Incorporation and Bylaws as amended to date and the Articles of Incorporation and the Bylaws or equivalent organizational documents, each as amended to datedate of each Subsidiary (together, of the "Company and each SubsidiaryCharter Documents"). Such Articles of Incorporation, Bylaws and equivalent organization documents Company Charter Documents are in full force and effect. Neither the Company nor any either Subsidiary is in violation of any provision of its Articles the provisions of Incorporation, Bylaws or equivalent organizational documentsthe Company Charter Documents.

Appears in 1 contract

Samples: Merger Agreement (Digital Insight Corp)

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Articles of Incorporation and Bylaws. The Company has heretofore previously furnished to Parent a complete and correct copy of the Articles its articles of Incorporation incorporation and the Bylaws or equivalent organizational documents, each bylaws as amended to datedate (together, of the Company and each Subsidiary"COMPANY CHARTER DOCUMENTS"). Such Articles of Incorporation, Bylaws and equivalent organization documents Company Charter Documents are in full force and effect. Neither the The Company nor any Subsidiary is not in violation of any provision of its Articles the provisions of Incorporation, Bylaws or equivalent organizational documentsthe Company Charter Documents.

Appears in 1 contract

Samples: Merger Agreement (Realnetworks Inc)

Articles of Incorporation and Bylaws. The Company has heretofore previously furnished to Parent (i) a complete and correct copy of the its Articles of Incorporation and Bylaws as amended to date (together, the Bylaws or "COMPANY CHARTER DOCUMENTS") and (ii) the equivalent organizational documentsdocuments for each subsidiary of the Company, each as amended to date, . The Company is not in violation of any of the provisions of the Company Charter Documents, and each Subsidiary. Such Articles no subsidiary of Incorporation, Bylaws and equivalent organization documents are in full force and effect. Neither the Company nor any Subsidiary is in violation of any provision of its Articles of Incorporation, Bylaws or equivalent organizational documents.

Appears in 1 contract

Samples: Merger Agreement (Electronic Clearing House Inc)

Articles of Incorporation and Bylaws. The Company has heretofore previously ------------------------------------ furnished to Parent a complete and correct copy of the its Articles of Incorporation and the Bylaws or equivalent organizational documents, each as amended to datedate (together, of the "Company and each SubsidiaryCharter Documents"). Such Articles of Incorporation, Bylaws and equivalent organization documents Company Charter Documents are in full force and effect. Neither the Company nor any Subsidiary is not in violation of any provision of its Articles the provisions of Incorporation, Bylaws or equivalent organizational documentsthe Company Charter Documents.

Appears in 1 contract

Samples: Merger Agreement (Digital Insight Corp)

Articles of Incorporation and Bylaws. The Company has heretofore previously furnished to Parent a complete and correct copy of the its Articles of Incorporation and the Bylaws or equivalent organizational documents, each as amended to datedate (together, the "COMPANY CHARTER DOCUMENTS"). Such Company Charter Documents and equivalent organizational documents of each of the Company and each Subsidiary. Such Articles of Incorporation, Bylaws and equivalent organization documents respective Acquired Corporations are in full force and effect. Neither None of the Company nor any Subsidiary Acquired Corporations is in violation of any provision of the provisions of Company Charter Documents or its Articles of Incorporation, Bylaws or equivalent organizational documents.

Appears in 1 contract

Samples: Acquisition Agreement (Photon Dynamics Inc)

Articles of Incorporation and Bylaws. The Company has heretofore previously furnished to Parent a complete and correct copy of the Articles its articles of Incorporation incorporation and the Bylaws or equivalent organizational documents, its bylaws each as amended to datedate (together, the "Company Charter Documents") and the equivalent organizational documents of the Company and each Subsidiaryof Company's Subsidiaries. Such Articles of Incorporation, Bylaws Company Charter Documents and equivalent organization organizational documents of each of its Subsidiaries are in full force and effect. Neither Company is not in violation of any of the provisions of the Company nor any Charter Documents, and no Subsidiary of Company is in violation of any provision of its Articles of Incorporation, Bylaws or equivalent organizational documents.

Appears in 1 contract

Samples: Merger Agreement (Neoware Systems Inc)

Articles of Incorporation and Bylaws. The Company has heretofore previously furnished to Parent (i) a complete and correct copy of the its Articles of Incorporation and Bylaws as amended to date (together, the Bylaws or “Company Charter Documents”) and (ii) the equivalent organizational documentsdocuments for each subsidiary of the Company, each as amended to date, . The Company is not in violation of any of the provisions of the Company Charter Documents, and each Subsidiary. Such Articles no subsidiary of Incorporation, Bylaws and equivalent organization documents are in full force and effect. Neither the Company nor any Subsidiary is in violation of any provision of its Articles of Incorporation, Bylaws or equivalent organizational documents.

Appears in 1 contract

Samples: Merger Agreement (Electronic Clearing House Inc)

Articles of Incorporation and Bylaws. The Company has heretofore previously furnished to Parent a complete and correct copy of the its Amended and Restated Articles of Incorporation and the Bylaws or equivalent organizational documents, each as amended to datedate (together, of the Company and each Subsidiary"COMPANY CHARTER DOCUMENTS"). Such Articles of Incorporation, Bylaws Company Charter Documents and equivalent organization organizational documents of each Subsidiary are in full force and effect. Neither Company is not in violation of any of the provisions of Company nor any Charter Documents, and no Subsidiary of Company is in violation of any provision of its Articles of Incorporation, Bylaws or equivalent organizational documents.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Isocor)

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