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”). (b) The bylaws of MergerCo, as in effect immediately prior to the Merger Effective Time, shall be the bylaws of the Surviving Entity until thereafter amended as provided therein or by applicable law (the “Bylaws”).
Appears in 4 contracts
Samples: Merger Agreement (Inland American Real Estate Trust, Inc.), Merger Agreement (Inland American Real Estate Trust, Inc.), Merger Agreement (Inland American Real Estate Trust, Inc.)
