Common use of Articles of Incorporation; Bylaws Clause in Contracts

Articles of Incorporation; Bylaws. (a) At the Effective Time, and without any further action on the part of either the Company or Merger Sub, the articles of incorporation of the Merger Sub in effect immediately prior to the Effective Time shall be the articles of incorporation of the Surviving Corporation until thereafter amended in accordance with their terms and as provided by applicable Law; provided, however, that Article I of the articles of incorporation of the Surviving Corporation shall read as follows: “The name of the Corporation is Ameristar Casinos, Inc.” (b) At the Effective Time, and without any further action on the part of the Company and Merger Sub, the bylaws of the Merger Sub in effect immediately prior to the Effective Time shall be the bylaws of the Surviving Corporation until thereafter amended in accordance with their terms, the articles of incorporation of the Surviving Corporation and as provided by applicable Law.

Articles of Incorporation; Bylaws. (a) At the Effective Time, and without any further action on (a) the part Articles of either the Company or Merger Sub, the articles of incorporation Incorporation of the Merger Sub as in effect immediately prior to the Effective Time shall be the articles Articles of incorporation Incorporation of the Surviving Corporation until thereafter amended in accordance with their the terms and thereof or as provided by applicable Law; provided, however, that Article I of the articles of incorporation of the Surviving Corporation shall read as follows: “The name of the Corporation is Ameristar Casinos, Inc.” Law and (b) At the Effective Time, and without any further action on the part of the Company and Merger Sub, the bylaws Bylaws of the Merger Sub as in effect immediately prior to the Effective Time shall be the bylaws Bylaws of the Surviving Corporation until thereafter amended in accordance with their termsthe terms thereof, the articles Articles of incorporation Incorporation of the Surviving Corporation and Corporation, or as provided by applicable Law; provided, however, in each case, that the name of the corporation set forth therein shall be changed to the name of the Company.

Articles of Incorporation; Bylaws. (a) At Immediately after the Effective Time, and without any further action on the part of either the Company or Merger Sub, the articles of incorporation of the Surviving Corporation shall be the articles of incorporation of Merger Sub as in effect immediately prior to the Effective Time and as set forth in Exhibit B to this Agreement, and such articles of incorporation shall be the articles of incorporation of the Surviving Corporation until thereafter amended in accordance with their terms and as provided by applicable Law; provided, however, that Article I of the Law and such articles of incorporation incorporation. (b) Immediately after the Effective Time, the bylaws of the Surviving Corporation shall read as follows: “The name of the Corporation is Ameristar Casinos, Inc.” (b) At the Effective Time, and without any further action on the part of the Company and Merger Sub, be the bylaws of the Merger Sub as in effect immediately prior to the Effective Time and as set forth in Exhibit C to this Agreement, and such bylaws shall be the bylaws of the Surviving Corporation until thereafter amended in accordance with their terms, the articles of incorporation of the Surviving Corporation and as provided by applicable LawLaw and such bylaws.

Articles of Incorporation; Bylaws. (a) At the Effective Time, and without any further action on the part Articles of either the Company or Incorporation of Merger SubSubsidiary, the articles of incorporation of the Merger Sub as in effect immediately prior to the Effective Time Time, shall be the articles Articles of incorporation Incorporation of the Surviving Corporation until thereafter amended in accordance with their terms and as provided by applicable Lawlaw and such Articles of Incorporation; provided, however, that that, at the Effective Time, Article I 1 of the articles Articles of incorporation Incorporation of the Surviving Corporation shall be amended to read as follows: “"The name of the Corporation corporation is Ameristar CasinosAcoustic Communication Systems, Inc.”" (b) At the Effective Time, and without any further action on the part Bylaws of the Company and Merger SubSubsidiary, the bylaws of the Merger Sub as in effect immediately prior to the Effective Time Time, shall be the bylaws Bylaws of the Surviving Corporation until thereafter amended in accordance with their termsas provided by law, the articles Articles of incorporation Incorporation of the Surviving Corporation and as provided by applicable Lawor such Bylaws.

Articles of Incorporation; Bylaws. (a) At Subject to Section 6.7(b), at the Effective Time, the amended and without any further action on the part of either the Company or Merger Sub, the restated articles of incorporation of the Company shall be amended so that it reads in its entirety as the form of the certificate of formation of Merger Sub as in effect immediately prior to the Effective Time execution of this Agreement, except that the name of the Surviving Corporation shall be “Kinetic Concepts, Inc.”, and, as so amended, shall be the articles of incorporation of the Surviving Corporation until thereafter amended in accordance with their its terms and as provided by applicable Law; provided, however, that Article I of the articles of incorporation of the Surviving Corporation shall read as follows: “The name of the Corporation is Ameristar Casinos, Inc.”law. (b) At the Effective Time, and without any further action on the part of the Company and or Merger Sub, the bylaws of the Merger Sub Sub, as in effect immediately prior to the Effective Time shall shall, by virtue of the Merger, be the bylaws of the Surviving Corporation until thereafter amended in accordance with their terms, the articles of incorporation of the Surviving Corporation and as provided by applicable Lawlaw.

Articles of Incorporation; Bylaws. (a) At the Effective Time, and without any further action on the part Articles of either the Company or Merger Sub, the articles of incorporation of the Merger Sub in effect immediately prior to the Effective Time shall be the articles of incorporation Incorporation of the Surviving Corporation shall be amended and restated to be the same as the Articles of Incorporation of Merger Sub until thereafter amended in accordance with their terms and as provided by applicable Lawlaw and such Articles of Incorporation; provided, however, that Article I of the articles Articles of incorporation Incorporation of the Surviving Corporation shall be amended to read as follows: “"The name of the Corporation this corporation is Ameristar CasinosButterfly, Inc.”" (ba) At the Effective Time, and without any further action on the part The Bylaws of the Company Surviving Corporation shall be amended and restated to be the same as the Bylaws of Merger Sub, the bylaws of the Merger Sub as in effect immediately prior to the Effective Time Time, until thereafter amended, except that all references to Merger Sub shall be changed to refer to the bylaws of the Surviving Corporation until thereafter amended in accordance with their terms, the articles of incorporation of the Surviving Corporation and as provided by applicable LawCompany.

Articles of Incorporation; Bylaws. (a) At the Effective Time, and without any further action on the part Articles of either the Company or Merger Sub, the articles Incorporation of incorporation of the Merger Sub as in effect immediately prior to the Effective Time Time, shall, except that the name of Merger Sub shall be amended to that of AGN Networks, Inc., be the articles Articles of incorporation Incorporation of the Surviving Corporation until thereafter amended in accordance with their terms and as provided by applicable Law; provided, however, that Article I the DGCL and such Articles of the articles of incorporation of the Surviving Corporation shall read as follows: “The name of the Corporation is Ameristar Casinos, Inc.”Incorporation. (b) At the Effective Time, and without any further action on the part Bylaws of the Company and Merger Sub, the bylaws of the Merger Sub as in effect immediately prior to the Effective Time Time, shall be the bylaws Bylaws of the Surviving Corporation until thereafter amended in accordance with their termsas provided by law, the articles Articles of incorporation Incorporation of the Surviving Corporation and as provided by applicable Lawsuch Bylaws.

Articles of Incorporation; Bylaws. (a) At the Effective Time, and without any further action on the part Articles of either the Company or Incorporation of Merger Sub, the articles of incorporation of the Merger Sub as in effect immediately prior to the Effective Time Time, shall be the articles Articles of incorporation Incorporation of the Surviving Corporation until thereafter amended as provided by law and such Articles of Incorporation of the Surviving Corporation; provided, however, that at the Effective Time Article I of the Certificate of -------- ------- Incorporation of the Surviving Corporation shall be amended to read: "The name of the corporation is XxxxxxXxxx.xxx, Inc." (b) At the Effective Time, 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 their terms and the provisions thereof or as provided by applicable Law; provided, however, that Article I of the articles of incorporation of the Surviving Corporation shall read as follows: “The name of the Corporation is Ameristar Casinos, Inc.” (b) At the Effective Time, and without any further action on the part of the Company and Merger Sub, the bylaws of the Merger Sub in effect immediately prior to the Effective Time shall be the bylaws of the Surviving Corporation until thereafter amended in accordance with their terms, the articles of incorporation of the Surviving Corporation and as provided by applicable Lawlaw.