Articles of Incorporation of the Surviving Corporation. At the Effective Time, the articles of incorporation of the Company as in effect immediately prior to the Effective Time shall be amended and restated to read in their entirety as set forth in Exhibit A hereto, which, as so amended and restated, shall be the articles of incorporation of the Surviving Corporation (the “Charter”), until thereafter amended in accordance with their terms and applicable Law.
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Samples: Merger Agreement (AeroGrow International, Inc.), Merger Agreement (SMG Growing Media, Inc.)
Articles of Incorporation of the Surviving Corporation. At Unless otherwise determined by Buyer prior to the Effective Time, at the Effective Time, the articles of incorporation of the Company Surviving Corporation as in effect immediately prior to the Effective Time shall be amended and restated to read in their entirety as set forth in Exhibit A hereto, which, as so amended and restated, shall be the articles of incorporation of the Surviving Corporation (Effective Time so as to contain the “Charter”)provisions, until thereafter amended and only the provisions contained in accordance with their terms the Amended and applicable Law.Restated Articles of Incorporation attached hereto as Exhibit A.
Appears in 2 contracts
Samples: Merger Agreement (Omnicare Inc), Merger Agreement (Omnicare Inc)
Articles of Incorporation of the Surviving Corporation. At the Effective Time, the articles of incorporation of the Company as in effect immediately prior to the Effective Time shall be amended and restated to read in their entirety as of the Effective Time to be in the form set forth in Exhibit A heretoto this Agreement, which, and as so amended and restated, shall be the articles of incorporation of the Surviving Corporation (the “Charter”), ) until thereafter amended in accordance with their terms and as provided therein or as provided by applicable Law.
Appears in 2 contracts
Samples: Merger Agreement, Merger Agreement (Amazon Com Inc)
Articles of Incorporation of the Surviving Corporation. At the Effective Time, the articles of incorporation of the Company as in effect immediately prior to the Effective Time shall be amended and restated to read in their entirety as of the Effective Time to be in the same form as set forth in Exhibit A heretoto this Agreement, which, and as so amended and restated, shall be the articles of incorporation of the Surviving Corporation (the “Charter”), ) until thereafter amended as provided therein or as provided by applicable Law and consistent with the obligations set forth in accordance with their terms and applicable LawSection 6.12.
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Articles of Incorporation of the Surviving Corporation. At As of the Effective Time, the articles of incorporation of the Company as in effect immediately prior to the Effective Time shall be amended and restated to read in their entirety as set forth in Exhibit A hereto, which, and as so amended and restated, shall be the articles of incorporation of the Surviving Corporation (the “Charter”), until thereafter amended in accordance with their terms and applicable Lawas provided therein or by Applicable Laws (subject to Section 6.10(f)).
Appears in 1 contract
Articles of Incorporation of the Surviving Corporation. At the Effective Time, the articles of incorporation of the Company as in effect immediately prior to the Effective Time shall be amended and restated to read in their entirety as of the Effective Time to be in the form set forth in Exhibit A heretoto this Agreement, which, and as so amended and restated, shall be the articles of incorporation of the Surviving Corporation (the “"Charter”), ") until thereafter amended in accordance with their terms and as provided therein or as provided by applicable Law.
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Articles of Incorporation of the Surviving Corporation. At the Effective Time, the articles of incorporation of the Company as in effect immediately prior to the Effective Time shall be amended and restated to read in their entirety as set forth in Exhibit A B hereto, which, as so amended and restated, shall be the articles of incorporation of the Surviving Corporation (the “Charter”), until thereafter amended in accordance with their terms, the terms of this Agreement and applicable Law.
Appears in 1 contract
Samples: Merger Agreement
Articles of Incorporation of the Surviving Corporation. At the Effective Time, the articles Articles of incorporation Incorporation of the Company as Surviving Corporation shall be amended and restated in their entirety to conform to the substantive portions of the Certificate of Incorporation of the Purchaser in effect immediately prior to the Effective Time shall be amended and restated to read in their entirety as set forth in Exhibit A heretoTime. Thereafter, which, as so amended and restated, shall be the articles Articles of incorporation Incorporation of 9 the Surviving Corporation (the “Charter”), until thereafter may be amended in accordance with their terms and applicable Lawas provided by law.
Appears in 1 contract
Samples: Merger Agreement (Amazon Com Inc)
Articles of Incorporation of the Surviving Corporation. At the Effective Time, the articles Articles of incorporation Incorporation of the Company as Surviving Corporation shall be amended and restated in their entirety to conform to the substantive portions of the Articles of Incorporation of the Purchaser in effect immediately prior to the Effective Time shall be amended and restated to read in their entirety as set forth in Exhibit A heretoTime. Thereafter, which, as so amended and restated, shall be the articles Articles of incorporation Incorporation of the Surviving Corporation (the “Charter”), until thereafter may be amended in accordance with their terms and applicable Lawas provided by law.
Appears in 1 contract
Samples: Merger Agreement (Essex Corporation)