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: Execution Copy Agreement and Plan of Merger (Go2net Inc), Agreement and Plan of Merger (Go2net Inc), Agreement and Plan of Merger (Lycos Inc)
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: Agreement and Plan of Merger (Marchex Inc), Agreement and Plan of Merger (Marchex Inc), Agreement and Plan of Merger (Marchex 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: Agreement and Plan of Merger (Hanna M a Co/De), Agreement and Plan of Merger (Cimco Inc /De/), Agreement and Plan of Merger (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: Agreement and Plan of Merger (Marchex Inc), Agreement and Plan of Merger (Marchex Inc), Agreement and Plan of Merger (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: Agreement and Plan of Merger (Gt Interactive Software Corp), Agreement and Plan of Merger (Microprose Inc/De), Agreement and Plan of Merger (Tyco International LTD /Ber/)
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: Agreement and Plan of Merger (Trident International Inc), Agreement and Plan of Merger (Trident International Inc), Agreement and Plan of Merger (Illinois Tool Works Inc)
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: Agreement and Plan of Merger (Avnet Inc), Agreement and Plan of Merger (Kent Electronics Corp)
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: Agreement and Plan of Merger (JRC Acquisition Corp), Agreement and Plan of Merger (HCH Acquisition Corp)
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: Agreement and Plan of Merger (Autonomous Technologies Corp), Agreement and Plan of Merger (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 (Ravens Metal Products Inc), Agreement and Plan of Reorganization (Ravens Metal Products 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: Agreement and Plan of Merger (Alfa Corp), Agreement and Plan of Merger (Alfa Mutual Insurance Co)
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: Agreement and Plan of Merger (Johnson Controls Inc), Agreement and Plan of Merger (York International Corp /De/)
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: Agreement and Plan of Merger (Dimensional Associates, LLC), Agreement and Plan of Merger (Orchard Enterprises, 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: Agreement and Plan of Merger (Conseco Inc Et Al), Agreement and Plan of Merger (Pioneer Financial Services Inc /De)
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 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: Agreement and Plan of Merger (Griffin Technology Inc), Agreement and Plan of Merger (Diebold Inc)
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
Samples: Recapitalization Agreement and Plan of Merger (Fedders Corp /De)
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 until thereafter duly amended in accordance with the terms thereof and both the DGCL and 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 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
Samples: Agreement and Plan of Merger (AccountAbilities, Inc.)
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
Samples: Agreement and Plan of Merger (Dal Tile International Inc)
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
Samples: Agreement and Plan of Merger and Reorganization (Robotic Vision Systems 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 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
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
Samples: Agreement and Plan Of (Esperion Therapeutics Inc/Mi)
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
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
Samples: Agreement and Plan of Merger (Marsh Supermarkets Inc)
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 and remain the By-Laws laws of the Surviving Corporation from and after the Effective Time 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 1 contract
By-Laws. Unless otherwise determined by the Parent prior to At the Effective Time, the Byby-Laws laws of the Company, Surviving Corporation shall be 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
Samples: Agreement and Plan of Merger (Ladenburg Thalmann Financial Services Inc.)
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
Samples: Agreement and Plan of Merger (Schick Technologies 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-LawsCorporation.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Medalist Industries Inc)
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
Samples: Agreement and Plan of Merger (Century Maintenance Supply Inc)
