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

Articles of Incorporation of the Surviving Corporation. At the Effective Time and without any further action on the part of the Company or Merger Sub, the Amended and Restated Articles of Incorporation of the Company (the “Articles of Incorporation”) as in effect immediately prior to the Effective Time shall be amended and restated in its entirety in the Merger to the form of the articles of incorporation of Merger Sub immediately prior to the Effective Time (except that the name of the Surviving Corporation shall be “The Pep Boys – Manny, Moe & Xxxx”), and, as so amended, shall be the articles of incorporation of the Surviving Corporation.

Articles of Incorporation of the Surviving Corporation. At the Effective Time and without any further action on the part of the Company or Merger Sub, the Amended and Restated Articles of Incorporation of the Company (the “Articles of Incorporation”) as in effect immediately prior to the Effective Time shall be amended and restated in its entirety in the Merger to the form of the articles of incorporation of Merger Sub immediately prior to the Effective Time (except that the name of the Surviving Corporation shall be “The Pep Boys – — Manny, Moe & Xxxx”), and, as so amended, shall be the articles of incorporation of the Surviving Corporation.

Articles of Incorporation of the Surviving Corporation. At the Effective Time and without any further action on the part of the Company or Merger SubTime, the Amended and Restated Articles of Incorporation of the Company (the “Articles of Incorporation”) as in effect immediately prior to the Effective Time shall be amended and restated in its entirety in the Merger to the form of the articles Articles of incorporation Incorporation of Merger Sub immediately prior to the Effective Time (except that the name of the Surviving Corporation shall be “"The Pep Boys – Manny, Moe & and Xxxx”"), and, as so amended, shall be the articles Articles of incorporation Incorporation of the Surviving Corporation.

Articles of Incorporation of the Surviving Corporation. At the Effective Time and without any further action on the part of the Company or Merger Sub, the Amended and Restated Articles of Incorporation of the Company (the “"Articles of Incorporation”") as in effect immediately prior to the Effective Time shall be amended and restated in its entirety in the Merger to the form of the articles of incorporation of Merger Sub immediately prior to the Effective Time (except that the name of the Surviving Corporation shall be “"The Pep Boys – MannyBoys, Moe & Xxxx”Inc."), and, as so amended, shall be the articles of incorporation of the Surviving Corporation.