Certificate of Formation and Operating Agreement. (a) The certificate of incorporation of the Company as in effect immediately prior to the Effective Time shall be the certificate of incorporation of the Surviving Entity, to remain unchanged until thereafter amended in accordance with the terms thereof and as provided by applicable law.
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Samples: Agreement and Plan of Merger (Meyer Daniel Harris), Agreement and Plan of Merger (Gramercy Tavern Corp), Agreement and Plan of Merger (Union Square Cafe Corp.)
Certificate of Formation and Operating Agreement. (a) The certificate Certificate of incorporation Formation of the Company as Merger Sub in effect immediately prior to preceding the Effective Time shall be the certificate Certificate of incorporation Formation of the Surviving Entity, to remain unchanged Company until thereafter changed or amended in accordance with the terms thereof and as provided therein or by applicable lawLaw.
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Samples: Agreement and Plan of Merger (Crown Castle International Corp), Agreement and Plan of Merger (Global Signal Inc)
Certificate of Formation and Operating Agreement. (ai) The certificate of incorporation formation of the Company Company, as in effect immediately prior to the Effective Time Time, shall be the certificate of incorporation formation of the Surviving EntityCompany, to remain unchanged until thereafter amended in accordance with the terms thereof and as provided by applicable lawlaw and by the terms of such certificate of formation.
Appears in 2 contracts
Samples: Reorganization Agreement and Plan of Merger (Deciphera Pharmaceuticals, Inc.), Reorganization Agreement and Plan of Merger (Deciphera Pharmaceuticals, Inc.)
Certificate of Formation and Operating Agreement. (a) The certificate Certificate of incorporation Formation of the Company as Merger Sub in effect immediately prior to preceding the Effective Time Time, which shall be in the form set forth in Exhibit 1.4(a), shall be the certificate Certificate of incorporation Formation of the Surviving Entity, to remain unchanged Company until thereafter changed or amended in accordance with the terms thereof and as provided therein or by applicable lawLaw.
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Samples: Agreement and Plan of Merger (American Tower Corp /Ma/), Agreement and Plan of Merger (Spectrasite Inc)
Certificate of Formation and Operating Agreement. (a) The certificate Certificate of incorporation Formation of the Company as in effect immediately prior to the Effective Time shall be the certificate of incorporation formation of the Surviving Entity, to remain unchanged Entity until thereafter duly amended in accordance with the terms thereof and as provided by applicable lawor repealed.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (22nd Century Group, Inc.)
Certificate of Formation and Operating Agreement. (a) The From and after the Effective Time, the certificate of incorporation formation of the Company Company, as in effect immediately prior to the Effective Time Time, shall be the certificate of incorporation formation of the Surviving Entity, to remain unchanged Company until thereafter amended in accordance with the its terms thereof and as provided by applicable lawLaw.
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Certificate of Formation and Operating Agreement. (a) The certificate Certificate of incorporation Formation of the Company Merger Sub as in effect immediately prior to the Effective Time shall be the certificate of incorporation formation of the Surviving Entity, to remain unchanged Company until thereafter changed or amended in accordance with the terms thereof and as provided therein or by applicable law.
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