By-Laws. Unless otherwise determined by the Parent prior to the Effective Time, the By-Laws of the Company, as in effect immediately prior to the Effective Time, shall be the By-Laws of the Surviving Corporation until thereafter amended in accordance with the CGCL, the Articles of Incorporation of the Surviving Corporation and such By-Laws.
Appears in 3 contracts
Samples: Merger Agreement (Go2net Inc), Merger Agreement (Lycos Inc), Merger Agreement (Go2net Inc)
By-Laws. Unless otherwise determined by the Parent prior to the Effective Time, the The By-Laws of the Company, Company as in effect immediately prior to the Effective Time, Time shall be the By-Laws of the Surviving Corporation Corporation, until thereafter duly amended in accordance with the CGCL, terms thereof and the Articles of Incorporation of the Surviving Corporation and such By-LawsDGCL.
Appears in 3 contracts
Samples: Merger Agreement (Hanna M a Co/De), Merger Agreement (Cimco Inc /De/), Merger Agreement (Cimco Inc /De/)
By-Laws. Unless otherwise determined by the Parent prior to the At Effective Time, the By-Laws of the Company, as in effect immediately prior to the Effective Time, shall be the By-Laws of the Surviving Corporation until thereafter amended in accordance with the CGCLPBCL, the Articles of Incorporation of the Surviving Corporation and such By-Laws.
Appears in 3 contracts
Samples: Merger Agreement (Marchex Inc), Merger Agreement (Marchex Inc), Merger Agreement (Marchex Inc)
By-Laws. Unless otherwise determined by the Parent prior to the Effective Time, the The By-Laws of the Company, as in effect immediately prior to the Effective Time, shall be the By-Laws of the Surviving Corporation until thereafter amended in accordance with as provided by the CGCLDGCL, the Articles Certificate of Incorporation of the Surviving Corporation and such By-Laws.
Appears in 3 contracts
Samples: Merger Agreement (Tyco International LTD /Ber/), Merger Agreement (Microprose Inc/De), Merger Agreement (Gt Interactive Software Corp)
By-Laws. Unless otherwise determined by the Parent prior to the At Effective Time, the By-Laws of the Company, as in effect immediately prior to the Effective Time, shall be the By-Laws of the Surviving Corporation until thereafter amended in accordance with the CGCLCGS, the Articles Certificate of Incorporation of the Surviving Corporation and such By-Laws.
Appears in 3 contracts
Samples: Merger Agreement (Marchex Inc), Merger Agreement (Marchex Inc), Merger Agreement (Marchex Inc)
By-Laws. Unless otherwise determined by the Parent prior to the Effective Time, the ByThe by-Laws laws of the Company, as Company in effect immediately prior to the Effective Time, Time shall be the Byby-Laws laws of the Surviving Corporation from and after the Effective Time, until thereafter duly amended in accordance with their terms and the CGCL, the Articles of Incorporation of the Surviving Corporation and such By-LawsDGCL.
Appears in 3 contracts
Samples: Merger Agreement (Illinois Tool Works Inc), Merger Agreement (Trident International Inc), Merger Agreement (Trident International Inc)
By-Laws. Unless otherwise determined by the Parent prior to At the Effective Time, the Byby-Laws laws of the Company, as Company in effect ------- immediately prior to the Effective Time, Time shall be remain the Byby-Laws laws of the Surviving Corporation until thereafter amended in accordance with the CGCL, the Articles of Incorporation of the Surviving Corporation and such By-LawsCorporation.
Appears in 2 contracts
Samples: Merger Agreement (Usweb Corp), Merger Agreement (Usweb Corp)
By-Laws. Unless otherwise determined by the Parent prior to the Effective Time, the The By-Laws of the Company, Company as in effect immediately prior to the Effective Time, Time shall be the By-Laws of the Surviving Corporation Corporation, until thereafter duly amended in accordance with the CGCL, terms thereof and the Articles of Incorporation of the Surviving Corporation and such By-LawsBCL.
Appears in 2 contracts
Samples: Merger Agreement (Griffin Technology Inc), Merger Agreement (Diebold Inc)
By-Laws. Unless otherwise determined by the Parent prior to the Effective Time, the ByThe by-Laws laws of the Company, as Company in effect immediately prior to the Effective Time shall, from and after the Effective Time, shall be the Byby-Laws laws of the Surviving Corporation (the “By-Laws”), until thereafter amended in accordance with the CGCL, the Articles of Incorporation of the Surviving Corporation and such By-as provided therein or by applicable Laws.
Appears in 2 contracts
Samples: Merger Agreement (Alfa Mutual Insurance Co), Merger Agreement (Alfa Corp)
By-Laws. Unless otherwise determined by the Parent prior to the Effective Time, the The By-Laws of the Company, as Company in effect immediately prior to the Effective Time, shall Time will be the By-Laws of the Surviving Corporation at and after the Effective Time until thereafter duly amended in accordance with the CGCL, terms thereof and the Articles of Incorporation applicable provisions of the Surviving Corporation and such By-LawsTBCA.
Appears in 2 contracts
Samples: Merger Agreement (Avnet Inc), Agreement and Plan of Merger (Kent Electronics Corp)
By-Laws. Unless otherwise determined by the Parent prior to the Effective Time, the ByThe by-Laws laws of the Company, as Company in effect immediately prior to the Effective Time shall, from and after the Effective Time, shall be the Byby-Laws laws of the Surviving Corporation until thereafter amended in accordance with (the CGCL, the Articles of Incorporation of the Surviving Corporation and such “By-Laws”), until thereafter duly amended as provided therein or by applicable Law, subject to Section 7.10.
Appears in 2 contracts
Samples: Merger Agreement (Orchard Enterprises, Inc.), Merger Agreement (Dimensional Associates, LLC)
By-Laws. Unless otherwise determined by the Parent prior to the Effective Time, at the Effective Time the By-Laws of the Company, as in effect immediately prior to the Effective Time, shall be the By-Laws of the Surviving Corporation until thereafter amended in accordance with the CGCLFBCA, the Articles of Incorporation of the Surviving Corporation and such By-Laws."
Appears in 2 contracts
Samples: Merger Agreement (Autonomous Technologies Corp), Merger Agreement (Summit Technology Inc)
By-Laws. Unless otherwise determined by the Parent prior to From and after the Effective Time, the By-Laws of the Company, as in effect immediately prior to the Effective Time, shall be the Byby-Laws laws of the Surviving Corporation until thereafter amended in accordance with the CGCL, the Articles of Incorporation of the Surviving Corporation and such By-Lawsas provided therein or by applicable law.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Ravens Metal Products Inc), Agreement and Plan of Reorganization (Ravens Metal Products Inc)
By-Laws. Unless otherwise determined by The by-laws of the Parent Company in effect immediately ------- prior to the Effective Time, the By-Laws of the Company, as in effect immediately prior to the Effective Time, Time shall be the Byby-Laws laws of the Surviving Corporation Corporation, until thereafter duly changed or amended as provided therein or in accordance with the CGCL, the Articles of Incorporation of the Surviving Corporation and such By-Lawsapplicable law.
Appears in 2 contracts
Samples: Merger Agreement (MTL Inc), Merger Agreement (Apollo Investment Fund Iii Lp)
By-Laws. Unless otherwise determined by the Parent prior to the Effective Time, the The By-Laws of the Company, as in effect immediately prior to the Effective Time, shall be the By-Laws of the Surviving Corporation until thereafter amended in accordance with the CGCLDGCL, the Articles Certificate of Incorporation of the Surviving Corporation and such By-Laws.
Appears in 2 contracts
Samples: Offer to Purchase (JRC Acquisition Corp), Merger Agreement (HCH Acquisition Corp)
By-Laws. Unless otherwise determined by the Parent prior to (a) At the Effective Time, the By-Laws of the Company, Company as in effect immediately prior to the Effective Time, Time shall be the By-Laws of the Surviving Corporation until thereafter amended in accordance with the CGCL, the Articles of Incorporation Corporation. The By-Laws of the Surviving Corporation and such are herein referred to as the "Surviving Corporation By-Laws."
Appears in 2 contracts
Samples: Merger Agreement (Harcourt General Inc), Agreement and Plan of Merger (Harcourt General Inc)
By-Laws. Unless otherwise determined by the Parent prior to the Effective Time, the The By-Laws of the Company, as in effect immediately prior to the Effective Time, shall be the By-Laws of the Surviving Corporation until thereafter amended in accordance with the CGCL, the Articles of Incorporation of the Surviving Corporation and such By-Lawsas provided by law.
Appears in 2 contracts
Samples: Merger Agreement (Pioneer Financial Services Inc /De), Merger Agreement (Conseco Inc Et Al)
By-Laws. Unless otherwise determined by the Parent prior to At the Effective Time, the By-Laws of the Company, as Corporation in effect immediately prior to the Effective Time, Time shall be become the By-Laws of the Surviving Corporation until thereafter amended in accordance with the CGCL, the Articles of Incorporation of the Surviving Corporation and such By-LawsCorporation.
Appears in 2 contracts
Samples: Merger Agreement (Warp Technology Holdings Inc), Merger Agreement (Warp Technology Holdings Inc)
By-Laws. Unless otherwise determined by the Parent prior to the Effective Time, the The Amended and Restated By-Laws of the Company, as in effect immediately prior to the Effective Time, shall be the Byby-Laws laws of the Surviving Corporation Corporation, until thereafter amended in accordance with the CGCL, the Articles of Incorporation of the Surviving Corporation and such By-Lawsapplicable Law.
Appears in 2 contracts
Samples: Merger Agreement (Johnson Controls Inc), Merger Agreement (York International Corp /De/)
By-Laws. Unless otherwise determined by the Parent prior to the Effective Time, the The By-Laws laws of the Company, Company as in effect immediately prior to the Effective Time, Time shall be the By-Laws laws of the Surviving Corporation until thereafter duly amended in accordance with their terms and as provided by the CGCL, the Articles Certificate of Incorporation of the Surviving Corporation and such By-Lawsthe FBCA.
Appears in 1 contract
By-Laws. Unless otherwise determined by the Parent prior to At the Effective Time, the By-Laws Bylaws of the Company, as in effect ------- immediately prior to the Effective Time, shall be the By-Laws Bylaws of the Surviving Corporation until thereafter amended in accordance with amended; provided, however, that immediately after the CGCL, Effective Time the Articles of Incorporation Bylaws of the Surviving Corporation shall be amended and such By-Lawsrestated.
Appears in 1 contract
Samples: Merger Agreement (Technitrol Inc)
By-Laws. Unless otherwise determined by the Parent prior to the Effective Time, the ByThe by-Laws laws of the Company, as in effect immediately ------- prior to the Effective Time shall be, at the Effective Time, shall be the Byby-Laws laws of the Surviving Corporation until thereafter amended in accordance with the CGCL, the Articles of Incorporation of the Surviving Corporation and such By-Lawsamended.
Appears in 1 contract
By-Laws. Unless otherwise determined by the Parent prior to At the Effective Time, the By-Laws of the Company, as in effect immediately prior which have been delivered to the Effective TimeBuyer, shall be the By-Laws of the Surviving Corporation until thereafter amended in accordance therewith or with the CGCL, the Articles of Incorporation of the Surviving Corporation and such By-Lawsapplicable law.
Appears in 1 contract
Samples: Merger Agreement (Anaren Inc)
By-Laws. Unless otherwise determined by The By-laws of the Parent prior to Company as in effect at the ------- Effective Time, Time shall be the By-Laws laws of the Company, Surviving Corporation and shall be amended and restated to conform to the By-laws of Sub as in effect immediately prior to the Effective Time, shall be the By-Laws of the Surviving Corporation until thereafter further amended in accordance with the CGCL, the Articles of Incorporation of the Surviving Corporation and such By-Lawsas provided by law.
Appears in 1 contract
Samples: Merger Agreement (Coda Energy Inc)
By-Laws. Unless otherwise determined by the Parent prior to the Effective Time, the ByThe by-Laws laws of the Company, Company as in effect immediately prior to the Effective Time, Time shall be the Byby-Laws laws of the Surviving Corporation until after the Effective Time, and thereafter may be amended in accordance with their terms and as provided by the CGCL, the Articles certificate of Incorporation incorporation of the Surviving Corporation and such By-Lawsthe DGCL.
Appears in 1 contract
By-Laws. Unless otherwise determined by the Parent prior to the Effective Time, the The By-Laws of the Company, as Company in effect immediately prior to at the ------- Effective Time, Time shall be the By-Laws of the Surviving Corporation Corporation, until thereafter duly amended in accordance with the CGCL, terms thereof and the Articles of Incorporation of the Surviving Corporation and such By-LawsDGCL.
Appears in 1 contract
By-Laws. Unless otherwise determined by the Parent prior to the Effective Time, the The By-Laws laws of the Company, Company as in effect immediately prior to the Effective Time, Time shall be the By-Laws laws of the Surviving Corporation until after the Effective Time and (subject to Section 7.11 hereof) thereafter may be amended in accordance with their terms and as provided by the CGCL, the Articles Certificate of Incorporation of the Surviving Corporation and such By-Lawsthe DGCL.
Appears in 1 contract
By-Laws. Unless otherwise determined by the Parent prior to At the Effective Time, the By-Laws of the Company, Company as in effect immediately prior to the Effective Time, shall Time will be the By-Laws of the Surviving Corporation until thereafter amended in accordance with the CGCL, the Articles of Incorporation of the Surviving Corporation and such By-LawsCorporation.
Appears in 1 contract
By-Laws. Unless otherwise determined by the Parent prior to the Effective Time, the The By-Laws of the Company, Company as in effect immediately prior to the Effective Time, Time shall be the By-Laws of the Surviving Corporation Company until thereafter changed or amended in accordance with the CGCL, the Articles of Incorporation of as provided therein or as otherwise permitted or required by law or by the Surviving Corporation and such By-LawsCorporation's Certificate of Incorporation.
Appears in 1 contract
Samples: Merger Agreement (Unidyne Corp)
By-Laws. Unless otherwise determined by the Parent prior to the Effective Time, the The By-Laws of the Company, as Corporation in effect immediately prior to at the ------- Effective Time, Time shall be the By-Laws of the Surviving Corporation until thereafter duly amended in accordance with the CGCL, terms thereof and the Articles of Incorporation of the Surviving Corporation and such By-LawsGCL.
Appears in 1 contract
By-Laws. Unless otherwise determined by the Parent prior to At the Effective TimeTime and without any further action on the part of the Company or Sub, the Byby-Laws laws of the Company, as in effect immediately prior to the Effective Time, Time shall be the Byby-Laws of the Surviving Corporation until thereafter amended in accordance with the CGCL, the Articles of Incorporation laws of the Surviving Corporation and such By-Lawsthereafter may be amended or repealed in accordance with their terms or the articles of incorporation of the Surviving Corporation and as provided by Law.
Appears in 1 contract
By-Laws. Unless otherwise determined by the Parent prior to From and after the Effective Time, the Company By-Laws of the Companylaws, as in effect immediately prior to the Effective Time, shall be constitute the By-Laws laws of the Surviving Corporation (the “Surviving Corporation By-laws”) until thereafter amended in accordance with as provided therein or by the CGCL, the Articles of Incorporation of the Surviving Corporation and such By-LawsDGCL.
Appears in 1 contract
By-Laws. Unless otherwise determined by the Parent prior to the ------- Effective Time, the By-Laws of the Company, as in effect immediately prior to the Effective Time, shall be the By-Laws of the Surviving Corporation until thereafter amended in accordance with the CGCL, the Articles of Incorporation of the Surviving Corporation and such By-Laws.
Appears in 1 contract
By-Laws. Unless otherwise determined by the Parent prior to the Effective Time, the The By-Laws of the Company, as in effect immediately prior to the Effective Time, shall be the By-Laws of the Surviving Corporation until thereafter amended in accordance with the CGCL, the Articles of Incorporation of the Surviving Corporation and such By-LawsCorporation.
Appears in 1 contract
By-Laws. Unless otherwise determined by the Parent prior to the Effective Time, the The By-Laws of the Company, Corporation as in effect immediately prior to of the Effective Time, Time shall be the By-Laws of the Surviving Corporation after the Effective Time until thereafter amended in accordance with the CGCL, the Articles of Incorporation of the Surviving Corporation and such By-Lawsduly amended.
Appears in 1 contract
