Common use of Certificate of Incorporation and By Clause in Contracts

Certificate of Incorporation and By. LAWS OF THE SURVIVING CORPORATION. (a) The certificate of incorporation of Parent as in effect immediately prior to the Effective Time shall be the certificate of incorporation of the Surviving Corporation until thereafter amended in accordance with the provisions thereof and Applicable Law. (b) The by-laws of Parent in effect at the Effective Time shall be the by-laws of the Surviving Corporation until amended in accordance with the provisions thereof, the certificate of incorporation and Applicable Law.

Certificate of Incorporation and By. LAWS OF THE SURVIVING CORPORATION. (a) The certificate Certificate of incorporation Incorporation of Parent Capstone, as in effect immediately prior to the Effective Time and with such amendments thereto as set forth in Exhibit C hereto, incorporated herein by reference, shall be the certificate Certificate of incorporation Incorporation of the Surviving Corporation until thereafter amended in accordance with the provisions thereof and Applicable Lawas provided by law. (b) The byBy-laws of Parent Capstone, as in effect at immediately prior to the Effective Time Time, shall be the byBy-laws of the Surviving Corporation until thereafter amended in accordance with the provisions thereof, the certificate of incorporation and Applicable Lawas provided by law.

Certificate of Incorporation and By. LAWS OF THE SURVIVING CORPORATION. (a) The certificate Certificate of incorporation Incorporation of Parent the Purchaser as in effect immediately prior to the Effective Time shall be the certificate Certificate of incorporation Incorporation of the Surviving Corporation until thereafter amended in accordance with the provisions thereof and Applicable Lawhereof and applicable law. (b) The bySubject to the provisions of Section 6.7, the By-laws Laws of Parent the Purchaser in effect at the Effective Time shall be the byBy-laws Laws of the Surviving Corporation until amended in accordance with the provisions thereof, the certificate of incorporation thereof and Applicable Lawapplicable law.

Certificate of Incorporation and By. LAWS OF THE SURVIVING CORPORATION. (a) The certificate Certificate of incorporation Incorporation of Parent the Company as in effect immediately prior to the Effective Time shall be become the certificate Certificate of incorporation Incorporation of the Surviving Corporation until after the Effective Time, and thereafter may be amended in accordance with the provisions thereof as provided therein and Applicable Lawas permitted by law and this Agreement. (b) The byBy-laws Laws of Parent the Merger Sub as in effect at immediately prior to the Effective Time shall be become the byBy-laws Laws of the Surviving Corporation until after the Effective Time, and thereafter may be amended in accordance with the provisions thereof, the certificate of incorporation as provided therein and Applicable Lawas permitted by law and this Agreement.

Certificate of Incorporation and By. LAWS OF THE SURVIVING CORPORATION. (a) The certificate of incorporation of Parent the Company, as in effect immediately prior to the Effective Time Time, shall be the certificate of incorporation of the Surviving Corporation until thereafter amended in accordance with the provisions thereof and Applicable applicable Law. (b) The by-laws of Parent the Company in effect at immediately prior to the Effective Time shall be the by-laws of the Surviving Corporation until amended in accordance with the provisions thereof, the certificate of incorporation thereof and Applicable applicable Law.