Common use of Certificate of Incorporation and By-laws of the Surviving Corporation Clause in Contracts

Certificate of Incorporation and By-laws of the Surviving Corporation. (a) The Company Certificate of Incorporation, as in effect immediately prior to the Effective Time, shall be amended in the Merger to be in the form of Exhibit A hereto and, as so amended, such certificate of incorporation shall be the certificate of incorporation of the Surviving Corporation until thereafter amended as provided therein or by applicable Law.

Certificate of Incorporation and By-laws of the Surviving Corporation. (a) The At the Effective Time, the certificate of incorporation of the Company Certificate of Incorporation, as in effect immediately prior to the Effective Time, Time shall be amended in the Merger to be read in its entirety as the form of Exhibit A hereto and, as so amended, such certificate of incorporation of Merger Sub in effect immediately prior to the Merger (except that the name of the corporation shall be “GenOn Energy, Inc.” and with such modifications as may be required by Section 6.11), and as so amended shall be the certificate of incorporation of the Surviving Corporation until thereafter amended as provided therein or by in accordance with the provisions thereof and hereof and applicable Law.

Certificate of Incorporation and By-laws of the Surviving Corporation. (a) The Company Certificate At the Effective Time, the certificate of Incorporationincorporation and by-laws of the Company, as in effect immediately prior to the Effective Time, shall be amended in and restated as of the Merger Effective Time to be in the form of Exhibit A hereto and, as so amended, such (except with respect to the name of the Company) the certificate of incorporation and by-laws of Merger Sub, and as so amended shall be the certificate of incorporation and by-laws of the Surviving Corporation until thereafter amended as provided therein or by applicable Law.

Certificate of Incorporation and By-laws of the Surviving Corporation. (a) The Company Certificate At the Effective Time, the certificate of Incorporationincorporation of the Company, as in effect immediately prior to the Effective Time, shall be amended in the Merger to be in the form of Exhibit A hereto the certificate of incorporation of Merger Sub (as in effect immediately prior to the Effective Time except that Article First shall be amended to read “The name of the Corporation is Duratek, Inc.”) and, as so amended, such certificate of incorporation shall be the certificate of incorporation of the Surviving Corporation until thereafter amended as provided therein or by applicable Law.

Certificate of Incorporation and By-laws of the Surviving Corporation. (a) The Company Certificate At the Effective Time, the certificate of Incorporationincorporation and by-laws of the Company, as in effect immediately prior to the Effective Time, shall be amended in and restated as of the Merger Effective Time to be in the form of Exhibit A hereto and, as so amended, such (except with respect to the name of the Company) the certificate of incorporation and by-laws of Merger Sub, and as amended shall be the certificate of incorporation and by-laws of the Surviving Corporation until thereafter amended as provided therein or by applicable LawLaw (and subject to Section 5.9 hereof).

Certificate of Incorporation and By-laws of the Surviving Corporation. (a) The Company Certificate At the Effective Time, the certificate of Incorporationincorporation and by-laws of the Company, as in effect immediately prior to the Effective Time, shall be amended in and restated as of the Merger Effective Time to be in the form of Exhibit A hereto and, as so amended, such (except with respect to the name of the Company) the certificate of incorporation and by-laws of Merger Sub, and as so amended shall be the certificate of incorporation and by-laws of the Surviving Corporation until thereafter amended as provided therein or by applicable LawLaw (and subject to Section 5.9 hereof).

Certificate of Incorporation and By-laws of the Surviving Corporation. (a) The Company Certificate At the Effective Time, the certificate of Incorporationincorporation of the Company, as in effect immediately prior to the Effective Time, shall be amended in the Merger to be in the form of Exhibit A 2.5(a) hereto and, as so amended, such certificate of incorporation shall be the certificate of incorporation of the Surviving Corporation until thereafter amended as provided therein or by applicable Law.

Certificate of Incorporation and By-laws of the Surviving Corporation. (a) The At the Effective Time, the certificate of incorporation of the Company Certificate of Incorporation, as in effect immediately prior to the Effective Time, Time shall be amended in the Merger to be read in its entirety as the form of Exhibit A hereto and, as so amended, such certificate of incorporation of Merger Sub in effect immediately prior to the Merger as set forth on Exhibit B (except that the name of the corporation shall be “iSatori, Inc.” and with such modifications as may be required by Section 6.11), and as so amended shall be the certificate of incorporation of the Surviving Corporation until thereafter amended as provided therein or by in accordance with the provisions thereof and hereof and applicable Law.

Certificate of Incorporation and By-laws of the Surviving Corporation. (a) The Company Certificate of Incorporation, as in effect immediately prior to At the Effective Time, the restated certificate of incorporation of the Company shall be amended in the Merger to be read in the form of its entirety as set forth on Exhibit A 1.4(a) hereto and, and as so amended, such certificate of incorporation amended shall be the restated certificate of incorporation of the Surviving Corporation until thereafter amended as provided therein or by in accordance with its terms and applicable Law.

Certificate of Incorporation and By-laws of the Surviving Corporation. (a) The Company Certificate certificate of Incorporationincorporation of the Company, as in effect immediately prior to the Effective Time, shall at the Effective Time be amended and restated in full to read as set forth in Exhibit C and as so amended and restated shall be the certificate of incorporation of the Surviving Corporation, until thereafter amended as provided by Law and such certificate of incorporation. The by-laws of Merger Sub, as in effect immediately prior to the Effective Time, shall be amended in the Merger to be in the form of Exhibit A hereto and, as so amended, such certificate of incorporation shall be the certificate of incorporation by-laws of the Surviving Corporation until thereafter amended as provided therein or by applicable Law, the certificate of incorporation of the Surviving Corporation and such by-laws.

Certificate of Incorporation and By-laws of the Surviving Corporation. (a) The Company Certificate At the Effective Time, the certificate of Incorporationincorporation and by-laws of the Company, as in effect immediately prior to the Effective Time, shall be amended in and restated as of the Merger Effective Time to be in the form of Exhibit A hereto and, as so amended, such (except with respect to the name of the Company and subject to compliance with Section 6.2) the certificate of incorporation and by-laws of Merger Sub, and as so amended shall be the certificate of incorporation and by-laws of the Surviving Corporation until thereafter amended as provided therein or by applicable Law.