Certificate of Formation; Bylaws. (a) At the Merger Effective Time, the Certificate of Incorporation of MergerCo, as in effect immediately prior to the Merger Effective Time, shall be the Certificate of Incorporation of the Surviving Entity until thereafter amended as provided therein or by applicable law (the “Certificate of Incorporation”).
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Samples: Agreement and Plan of Merger (Inland American Real Estate Trust, Inc.), Agreement and Plan of Merger (Inland American Real Estate Trust, Inc.), Agreement and Plan of Merger (Inland American Real Estate Trust, Inc.)