Common use of Certain Effects of the Merger Clause in Contracts

Certain Effects of the Merger. At and as of the Effective Time, (a) the Company will be merged with and into Apple in accordance with the provisions of the BCA, (b) the Company will cease to exist as a separate legal entity, (c) Apple will be the Surviving Corporation and, as such, will, all with the effect provided by the BCA, (i) possess all the properties and rights, and be subject to all the restrictions and duties, of the Company and Apple and (ii) be governed by the laws of the State of Delaware, (d) the Charter Documents of Apple then in effect will become and thereafter remain (until changed in accordance with (i) the applicable law (in the case of the articles of incorporation) or (ii) its terms (in the case of the bylaws)) the Charter Documents of the Surviving Corporation, (e) the board of directors of Apple immediately prior to the Effective Time will be the board of directors of the Surviving Corporation, and those persons will hold the office of director of the Surviving Corporation subject to the provisions of the applicable laws of the State of Delaware and the Charter Documents of the Surviving Corporation, and (f) the officers of Apple immediately prior to the Effective Time will be the respective officers of the Surviving Corporation, subject to the provisions of the Charter Documents of the Surviving Corporation, until that person's successor is duly elected to, and, if necessary, qualified for, that office.