Bylaws. The bylaws of Merger Subsidiary in effect at the Effective Time shall be the bylaws of the Surviving Corporation until amended in accordance with applicable law.
Appears in 71 contracts
Samples: Merger Agreement (Boston Restaurant Associates Inc), Merger Agreement (Computer Network Technology Corp), Merger Agreement (Oracle Corp /De/)
Bylaws. The bylaws of Merger Subsidiary in effect at the Effective Time shall be the bylaws of the Surviving Corporation until amended in accordance with applicable lawApplicable Law.
Appears in 45 contracts
Samples: Merger Agreement (Fogo De Chao, Inc.), Merger Agreement (Fogo De Chao, Inc.), Merger Agreement (INFOSONICS Corp)
Bylaws. The bylaws of Merger Subsidiary Sub in effect at the Effective Time shall be the bylaws of the Surviving Corporation until amended in accordance with applicable law.
Appears in 16 contracts
Samples: Merger Agreement (Eneti Inc.), Merger Agreement (Mercury Interactive Corp), Merger Agreement (Monsanto Co /New/)
Bylaws. The bylaws of Merger Subsidiary Sub as in effect at the Effective Time shall be the bylaws of the Surviving Corporation until thereafter changed or amended in accordance with as provided therein or by applicable law.
Appears in 11 contracts
Samples: Merger Agreement (Cogent Communications Group Inc), Merger Agreement (Cogent Communications Group Inc), Merger Agreement (Cogent Communications Group Inc)
Bylaws. The bylaws of Merger Subsidiary MergerSub in effect at the Effective Time shall be the bylaws of the Surviving Corporation until amended in accordance with applicable law.
Appears in 11 contracts
Samples: Merger Agreement (V F Corp), Merger Agreement (Donaldson Lufkin & Jenrette Inc /Ny/), Merger Agreement (Donaldson Lufkin & Jenrette Inc /Ny/)
Bylaws. The bylaws of Merger Subsidiary in effect at immediately prior to the Effective Time shall be the bylaws of the Surviving Corporation until amended in accordance with applicable lawApplicable Law.
Appears in 11 contracts
Samples: Merger Agreement, Merger Agreement (Ingram Micro Inc), Merger Agreement (Oracle Corp)
Bylaws. The bylaws Bylaws of Merger Subsidiary in effect at the Effective Time shall be the bylaws Bylaws of the Surviving Corporation until amended in accordance with applicable law.
Appears in 8 contracts
Samples: Tender Offer Statement, Merger Agreement (Logicvision Inc), Merger Agreement (Riverstone Networks Inc)
Bylaws. The bylaws of Merger Subsidiary in effect at the Effective Time shall be the bylaws of the Surviving Corporation until amended in accordance with applicable lawLaw.
Appears in 6 contracts
Samples: Merger Agreement (Keebler Foods Co), Agreement and Plan of Restructuring and Merger (Keebler Foods Co), Merger Agreement (Kellogg Co)
Bylaws. The bylaws of Merger Subsidiary in effect at the Effective Time shall be the bylaws of the Surviving Corporation Corporation, until amended in accordance with applicable lawlaw and this Agreement.
Appears in 6 contracts
Samples: Merger Agreement (MTR Gaming Group Inc), Merger Agreement (Black Hawk Gaming & Development Co Inc), Merger Agreement (Cd Entertainment LTD)
Bylaws. The Subject to Section 7.04(b), the bylaws of Merger Subsidiary in effect at the Effective Time shall be the bylaws of the Surviving Corporation Entity until amended in accordance with applicable lawthe bylaws and Applicable Law.
Appears in 4 contracts
Samples: Merger Agreement (Pepsico Inc), Agreement and Plan of Merger (Pepsiamericas Inc/Il/), Merger Agreement (Pepsi Bottling Group Inc)
Bylaws. The bylaws of Merger Subsidiary in effect at the ------ Effective Time shall be the bylaws of the Surviving Corporation Corporation, until amended in accordance with applicable lawlaw and this Agreement.
Appears in 4 contracts
Samples: Merger Agreement (Colonial Downs Holdings Inc), Merger Agreement (Raceland Truck Plaza & Casino LLC), Merger Agreement (Black Hawk Gaming & Development Co Inc)
Bylaws. The bylaws of Merger Subsidiary Co. in effect at the Effective Time shall be the bylaws of the Surviving Corporation until amended in accordance with applicable law.
Appears in 3 contracts
Samples: Merger Agreement (Tyson Foods Inc), Merger Agreement (Ibp Inc), Merger Agreement (Tyson Foods Inc)
Bylaws. The At the Effective Time, the bylaws of Merger Subsidiary as in effect at immediately prior to the Effective Time shall be the bylaws of the Surviving Corporation (except that all references to the name of Merger Subsidiary therein shall be modified to refer to the name of the Company), until thereafter amended in accordance with applicable lawthe DGCL and such bylaws.
Appears in 3 contracts
Samples: Merger Agreement (Alimera Sciences Inc), Merger Agreement (Ani Pharmaceuticals Inc), Merger Agreement (Kadmon Holdings, Inc.)
Bylaws. The bylaws of Merger Subsidiary in effect at the Effective Time shall be the bylaws of the Surviving Corporation until amended in accordance with applicable lawLaws.
Appears in 3 contracts
Samples: Merger Agreement (Quovadx Inc), Merger Agreement (Rogue Wave Software Inc /Or/), Merger Agreement (Carescience Inc)
Bylaws. The bylaws of Merger Subsidiary in effect at the Effective Time shall be the bylaws of the Surviving Corporation until amended in accordance with applicable lawsuch bylaws, the certificate of incorporation of the Surviving Corporation and the DGCL.
Appears in 3 contracts
Samples: Merger Agreement (Snyder Communications Inc), Agreement and Plan of Merger (Zuckerman Mortimer B), Merger Agreement (Snyder Communications Inc)
Bylaws. The bylaws Bylaws of Merger Subsidiary in effect at the Effective Time shall be the bylaws of the Surviving Corporation Corporation, unless and until amended in accordance with applicable law.
Appears in 3 contracts
Samples: Merger Agreement (International Aluminum Corp), Merger Agreement (Innovive Pharmaceuticals, Inc.), Merger Agreement (Cytrx Corp)
Bylaws. The bylaws of Merger Subsidiary in effect at the Effective Time shall be the bylaws of the Surviving Corporation until amended in accordance with its terms, the certificate of incorporation of the Surviving Corporation and applicable law.
Appears in 3 contracts
Samples: Merger Agreement (McDermott International Inc), Offer to Purchase (McDermott Acquisition Co Inc), Agreement and Plan of Merger (McDermott J Ray Sa)
Bylaws. The bylaws of Merger Subsidiary in effect at the Effective Time shall be the bylaws of the Surviving Corporation until amended in accordance with applicable lawDelaware Law.
Appears in 3 contracts
Samples: Merger Agreement (Morgan Stanley), Merger Agreement (Barra Inc /Ca), Merger Agreement (Charter One Financial Inc)
Bylaws. The bylaws of the Merger Subsidiary Co., as set forth in Exhibit F attached hereto, in effect at the Effective Time shall be the bylaws of the Surviving Corporation until amended in accordance with applicable law.
Appears in 3 contracts
Samples: Merger Agreement (Itc Deltacom Inc), Merger Agreement (Itc Deltacom Inc), Merger Agreement (Itc Deltacom Inc)
Bylaws. The bylaws of Merger Subsidiary in effect at the Effective Time shall be the bylaws of the Surviving Corporation Company until amended in accordance with applicable law.
Appears in 3 contracts
Samples: Merger Agreement (Delta Air Lines Inc /De/), Merger Agreement (Delta Air Lines Inc /De/), Merger Agreement (Asa Holdings Inc)
Bylaws. The From and after the Effective Time, the bylaws of Acquiror Merger Subsidiary as in effect at immediately prior to the Effective Time shall be the bylaws of the Surviving Corporation Corporation, until amended in accordance with applicable lawApplicable Law.
Appears in 3 contracts
Samples: Merger Agreement (Dauten Kent P), Merger Agreement (Iron Mountain Inc /De), Merger Agreement (Iron Mountain Inc /De)
Bylaws. The bylaws of Merger Subsidiary in effect at the Effective Time shall be the bylaws of the Surviving Corporation until amended in accordance with applicable law. The Company agrees it will use its best efforts to take all necessary action to cause its bylaws to be amended immediately prior to the Merger, which amended bylaws will be in form and substance satisfactory to Parent.
Appears in 3 contracts
Samples: Merger Agreement (Thayer Equity Investors Iii Lp), Merger Agreement (Software Ag), Merger Agreement (Saga Systems Inc /De/)
Bylaws. The bylaws of Merger Subsidiary in effect at the Effective Time shall be the bylaws of the Surviving Corporation until amended in accordance with applicable lawits terms, the certificate of incorporation of the Surviving Corporation and Applicable Law.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Hudson Holding Corp), Merger Agreement (Rodman & Renshaw Capital Group, Inc.), Merger Agreement (Hudson Holding Corp)
Bylaws. The bylaws of Merger Subsidiary in effect at the ------ Effective Time shall be the bylaws of the Surviving Corporation until amended in accordance with applicable law.
Appears in 2 contracts
Samples: Merger Agreement (Compaq Computer Corp), Plan of Reorganization and Agreement and Plan of Merger (Servicemaster Co)
Bylaws. The bylaws of Merger Subsidiary in ------ effect at the Effective Time shall be the bylaws of the Surviving Corporation until amended in accordance with applicable law.
Appears in 2 contracts
Samples: Merger Agreement (Ramsay Managed Care Inc), Merger Agreement (Ramsay Health Care Inc)
Bylaws. The bylaws of Merger Subsidiary Subsidiary, as in effect at immediately prior to the Effective Time Time, shall be the bylaws of the Surviving Corporation until thereafter changed or amended as provided therein or in accordance with the Articles of Incorporation and by applicable law.
Appears in 2 contracts
Samples: Merger Agreement (International Flavors & Fragrances Inc), Merger Agreement (Bush Boake Allen Inc)
Bylaws. The bylaws of Merger Subsidiary in effect at the Merger Effective Time shall be the bylaws of the Surviving Corporation Corporation, unless and until amended in accordance with applicable law.
Appears in 2 contracts
Samples: Merger Agreement (Pyramid Oil Co), Merger Agreement (Pyramid Oil Co)
Bylaws. The At the Effective Time, the bylaws of Merger Subsidiary Subsidiary, as in effect at immediately prior to the Effective Time Time, shall be the bylaws of the Surviving Corporation until amended in accordance with applicable lawCorporation.
Appears in 2 contracts
Samples: Merger Agreement (Steel Dynamics Inc), Merger Agreement (Roanoke Electric Steel Corp)
Bylaws. The bylaws of Merger Subsidiary in effect at the Effective Time shall be the bylaws of the Surviving Corporation except that such bylaws shall include the provisions set forth in Article X of the Company's bylaws until amended in accordance with applicable lawlaw and the terms of this Agreement.
Appears in 2 contracts
Samples: Merger Agreement (Allied Waste Industries Inc), Merger Agreement (Browning Ferris Industries Inc)
Bylaws. The At the Effective Time and without any further action on the part of the Company or Merger Subsidiary, the bylaws of Merger Subsidiary in effect at the Effective Time shall be the bylaws of the Surviving Corporation until amended in accordance with applicable law.
Appears in 2 contracts
Samples: Merger Agreement (Emerson Electric Co), Merger Agreement (Computational Systems Inc)
Bylaws. The bylaws of Merger Subsidiary in effect at the Effective Time shall be the bylaws of the Surviving Corporation until thereafter amended as provided therein, in accordance with applicable lawthe certificate of incorporation of the Surviving Corporation or by Applicable Law.
Appears in 2 contracts
Samples: Merger Agreement (Aetna Inc /Pa/), Merger Agreement (Coventry Health Care Inc)
Bylaws. The bylaws of Merger Subsidiary in effect at immediately prior to the Effective Time shall be become the bylaws of the Surviving Corporation at the Effective Time, except that all references to Merger Subsidiary shall be automatically amended and shall become references to the Surviving Corporation, until thereafter amended in accordance with applicable lawApplicable Law.
Appears in 2 contracts
Samples: Merger Agreement (NPS Pharmaceuticals Inc), Merger Agreement (Shire Pharmaceutical Holdings Ireland Ltd.)
Bylaws. The bylaws At the Effective Time, the Bylaws of Merger Subsidiary as in effect at immediately prior to the Effective Time shall be the bylaws Bylaws of the Surviving Corporation until amended in accordance with applicable lawLaw.
Appears in 2 contracts
Samples: Merger Agreement (Gtech Holdings Corp), Merger Agreement (Interlott Technologies Inc)
Bylaws. The bylaws of Merger Subsidiary in effect at the Effective Time shall be the bylaws of the Surviving Corporation until amended in accordance with applicable lawApplicable Law (except that the name of the Surviving Corporation shall be “XXX.Xxxxxxxx Corporation”).
Appears in 2 contracts
Samples: Merger Agreement (MSC Software Corp), Merger Agreement (STG Ugp, LLC)
Bylaws. The bylaws of Merger Subsidiary in effect at immediately prior to the Effective Time shall be the bylaws of the Surviving Corporation Corporation, until amended in accordance with applicable lawApplicable Law.
Appears in 2 contracts
Samples: Merger Agreement (Citizens Communications Co), Merger Agreement (Commonwealth Telephone Enterprises Inc /New/)
Bylaws. The bylaws of Merger Subsidiary in effect at the Effective Time shall be the bylaws of the Surviving Corporation Corporation, until thereafter amended in accordance with applicable law, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 2 contracts
Samples: Merger Agreement (Elcotel Inc), Merger Agreement (Technology Service Group Inc \De\)
Bylaws. The bylaws of Merger Subsidiary as in effect at immediately prior to the Effective Time time shall be the bylaws of the Surviving Corporation until amended in accordance with applicable lawLaw.
Appears in 1 contract
Bylaws. The At the Effective Time, the bylaws of Merger Subsidiary in effect at immediately prior to the Effective Time shall be the bylaws of the Surviving Corporation until amended in accordance with applicable lawApplicable Law, the certificate of incorporation and such bylaws.
Appears in 1 contract
Bylaws. The At the Effective Time, the bylaws of the Merger Subsidiary in effect at the Effective Time shall be the bylaws of the Surviving Corporation until amended in accordance with applicable law.
Appears in 1 contract
Samples: Merger Agreement (Pet Quarters Inc)
Bylaws. The bylaws of Merger Subsidiary in effect at the Effective Time shall be the bylaws of the Surviving Corporation until thereafter amended in accordance with applicable lawLaw.
Appears in 1 contract
Bylaws. The bylaws of Merger Subsidiary Sub as in effect at the Effective Time shall be the bylaws of the Surviving Corporation until amended in accordance with applicable law.
Appears in 1 contract
Samples: Merger Agreement (Netro Corp)
Bylaws. The bylaws of Merger Subsidiary attached hereto as Exhibit 2.2 in effect at the Effective Time shall be the bylaws of the Surviving Corporation until amended in accordance with applicable law.
Appears in 1 contract
Bylaws. The bylaws of Merger Subsidiary in effect at the Effective Time shall be the bylaws of the Surviving Corporation Corporation, it being agreed that such bylaws shall include the provisions set forth in Article X of the Company's bylaws until amended in accordance with applicable lawlaw and the terms of this Agreement.
Appears in 1 contract
Samples: Merger Agreement (MGM Mirage)
Bylaws. The From and after the Effective Time, the bylaws of Merger Subsidiary as in effect at immediately prior to the Effective Time shall be the bylaws of the Surviving Corporation Corporation, until amended in accordance with applicable lawApplicable Law.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Quality Stores Inc)
Bylaws. The bylaws of Merger Subsidiary in effect at the Effective Time shall be the bylaws of the Surviving Corporation Corporation, it being agreed that such bylaws shall include the provisions set forth in Article V of the Company's bylaws until amended in accordance with applicable lawlaw and the terms of this Agreement.
Appears in 1 contract
Bylaws. The Effective immediately following the Merger, the bylaws of Merger Subsidiary in effect at the Effective Time shall be the bylaws of the Surviving Corporation until amended in accordance with applicable lawLaw.
Appears in 1 contract
Bylaws. The bylaws of Merger Subsidiary in effect at the Effective Time shall be the bylaws of the Surviving Corporation until amended in accordance with applicable lawApplicable Law, subject to Section 7.03.
Appears in 1 contract
Bylaws. The bylaws of Merger Subsidiary Subsidiary, as in effect at immediately ------ prior to the Effective Time Time, shall be become the bylaws of the Surviving Corporation until amended in accordance with applicable lawCorporation.
Appears in 1 contract
Samples: Merger Agreement (Aon Corp)
Bylaws. The bylaws of Merger Subsidiary in effect at the Effective Time shall be the bylaws of the Surviving Corporation until amended in accordance with applicable lawApplicable Law, subject to Section 3.03.
Appears in 1 contract
Bylaws. The At the Effective Time, the bylaws of Merger Subsidiary in effect at as of immediately prior to the Effective Time shall be the bylaws of the Surviving Corporation until amended in accordance with applicable lawApplicable Law, the certificate of incorporation and such bylaws.
Appears in 1 contract
Samples: Merger Agreement (Veritiv Corp)
Bylaws. The bylaws of Merger Subsidiary in effect at ------ the Effective Time shall be the bylaws of the Surviving Corporation Corporation, it being agreed that such bylaws shall include the provisions set forth in Article V of the Company's bylaws until amended in accordance with applicable lawlaw and the terms of this Agreement.
Appears in 1 contract
Samples: Merger Agreement (MGM Grand Inc)
Bylaws. The bylaws of Merger Subsidiary in effect at the Effective Time shall be the bylaws of the Surviving Corporation Corporation, it being agreed that such bylaws shall include the provisions set forth in Article X of the Company’s bylaws until amended in accordance with applicable lawlaw and the terms of this Agreement.
Appears in 1 contract
Bylaws. The bylaws of Merger Subsidiary I in effect at the Effective Time shall be the bylaws of the Surviving Corporation until amended in accordance with applicable law.
Appears in 1 contract
Bylaws. The bylaws of the Merger Subsidiary in effect at the Effective Time shall be the bylaws of the Surviving Corporation until amended in accordance with applicable lawLaw.
Appears in 1 contract
Samples: Merger Agreement (Davis S Robert)
Bylaws. The bylaws of Merger Subsidiary in effect at the Effective Time shall be the bylaws of the Surviving Corporation until amended in accordance with the terms thereof and applicable law.
Appears in 1 contract
Samples: Merger Agreement (Ricoh Co LTD)
Bylaws. The bylaws of Merger Subsidiary Subsidiary, as in effect at immediately prior to the Effective Time Time, shall be the bylaws of the Surviving Corporation until thereafter amended in accordance with applicable lawLaw (as defined in Section 3.4).
Appears in 1 contract
Bylaws. The bylaws Bylaws of Merger Subsidiary in effect at the Effective Time Surviving Corporation shall be the bylaws of the Surviving Corporation Merger Subsidiary as in effect immediately prior to the Effective Time, until duly amended in accordance with applicable lawthe terms thereof and the aforementioned Articles of Incorporation.
Appears in 1 contract
Bylaws. The bylaws of Merger Subsidiary in effect at ------ the Effective Time shall be the bylaws of the Surviving Corporation until amended in accordance with applicable law.
Appears in 1 contract
Samples: Merger Agreement (Platinum Technology International Inc)
Bylaws. The bylaws of Merger Subsidiary in effect at the Effective Time shall be the bylaws of the Surviving Corporation until amended in accordance with applicable lawtheir terms as provided by Applicable Law.
Appears in 1 contract
Samples: Merger Agreement (Metropolitan Health Networks Inc)
Bylaws. The bylaws of Merger Subsidiary Subsidiary, as in effect at ------ immediately prior to the Effective Time Time, shall be the bylaws of the Surviving Corporation until thereafter changed or amended as provided therein or in accordance with the Articles of Incorporation and by applicable law.
Appears in 1 contract
Samples: Merger Agreement (International Flavors & Fragrances Inc)
Bylaws. The bylaws of Merger Subsidiary in effect at immediately prior to the Effective Time shall be the bylaws of the Surviving Corporation until amended in accordance with applicable law.
Appears in 1 contract
Samples: Merger Agreement (Primesource Corp)
Bylaws. The bylaws of Merger Subsidiary in effect at the Effective Time shall be the bylaws of the Surviving Corporation until amended in accordance with the applicable law.
Appears in 1 contract
Bylaws. The bylaws of Merger Subsidiary in effect at the ------ Effective Time shall be the bylaws of the Surviving Corporation until amended in accordance with the applicable law.
Appears in 1 contract
Samples: Merger Agreement (Jacobs Engineering Group Inc /De/)
Bylaws. The bylaws of Merger Subsidiary in effect at the Effective Time shall be the bylaws of the Surviving Corporation until thereafter amended in accordance with applicable law, such bylaws or the articles of incorporation.
Appears in 1 contract
Samples: Merger Agreement (Sigma Designs Inc)
Bylaws. The bylaws of Merger Subsidiary in effect at the Effective Time shall be the bylaws of the Surviving Corporation until amended in accordance with applicable law.
Appears in 1 contract
Bylaws. The bylaws of the Merger Subsidiary Sub in effect at the Effective Time shall be the bylaws of the Surviving Corporation until amended in accordance with applicable lawLaw.
Appears in 1 contract
Bylaws. The bylaws of the Merger Subsidiary in effect at the Effective Time shall be the bylaws of the Surviving Corporation until amended in accordance with applicable law.
Appears in 1 contract
Bylaws. The bylaws of Merger Subsidiary in effect at ------ immediately prior to the Effective Time shall be the bylaws of the Surviving Corporation from and after the Effective Time until amended in accordance with applicable law.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Dimension Data Holdings PLC)
Bylaws. The bylaws of Merger Subsidiary in effect at the Effective Time shall shall, subject to Section 7.03, be the bylaws of the Surviving Corporation until amended in accordance with applicable lawApplicable Law.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Cytec Industries Inc/De/)
Bylaws. The At the Effective Time, the bylaws of Merger Subsidiary in effect at the Effective Time Sub shall be the bylaws of the Surviving Corporation until amended in accordance with applicable lawthereafter amended.
Appears in 1 contract
Bylaws. The bylaws of the Merger Subsidiary in effect ------ at the Effective Time shall continue to be the bylaws of the Surviving Corporation until amended in accordance with applicable law.
Appears in 1 contract
Bylaws. The bylaws of Merger Subsidiary in effect at the Effective Time shall be the bylaws of the Surviving Corporation Corporation, except as to the name of the Surviving Corporation, until amended in accordance with applicable lawApplicable Law.
Appears in 1 contract
Samples: Merger Agreement (Tekelec)
