Certificate of Incorporation and Bylaws; Directors and Officers. Unless otherwise determined by Parent prior to the Effective Time:
Appears in 141 contracts
Samples: Agreement and Plan of Merger (Indie Semiconductor, Inc.), Agreement and Plan of Merger (CarLotz, Inc.), Agreement and Plan of Merger (Life360, Inc.)
Certificate of Incorporation and Bylaws; Directors and Officers. Unless otherwise determined by Parent and the Company prior to the Effective Time:
Appears in 54 contracts
Samples: Agreement and Plan of Merger (Skillz Inc.), Agreement and Plan of Merger (Okta, Inc.), Agreement and Plan of Merger (Sorrento Therapeutics, Inc.)
Certificate of Incorporation and Bylaws; Directors and Officers. Unless otherwise determined mutually agreed by Parent and the Company prior to the Effective Time:
Appears in 8 contracts
Samples: Agreement and Plan of Merger (Ansys Inc), Agreement and Plan of Merger (Momentive Global Inc.), Agreement and Plan of Merger (Momentive Global Inc.)
Certificate of Incorporation and Bylaws; Directors and Officers. Unless otherwise mutually determined by Parent and the Company prior to the Effective Time:
Appears in 7 contracts
Samples: Agreement and Plan of Merger and Reorganization (Favrille Inc), Agreement and Plan of Merger and Reorganization (Diversa Corp), Agreement and Plan of Merger and Reorganization (RHL Group, Inc.)
Certificate of Incorporation and Bylaws; Directors and Officers. Unless At the Effective Time, unless otherwise jointly determined by Parent and the Company prior to the Effective Time:
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Deciphera Pharmaceuticals, Inc.), Agreement and Plan of Merger (Forma Therapeutics Holdings, Inc.), Agreement and Plan of Merger (Diversicare Healthcare Services, Inc.)
Certificate of Incorporation and Bylaws; Directors and Officers. Unless At the Effective Time, unless otherwise determined by Parent prior to the Effective Time:
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Peplin Inc), Agreement and Plan of Merger (Foundry Networks Inc), Agreement and Plan of Merger (LEO Pharma a/S)
Certificate of Incorporation and Bylaws; Directors and Officers. Unless otherwise determined by Parent prior to the First Effective Time:
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (Sirenza Microdevices Inc), Agreement and Plan of Merger and Reorganization (Rf Micro Devices Inc)
Certificate of Incorporation and Bylaws; Directors and Officers. Unless otherwise determined by Parent and Company prior to the Effective Time:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Netmanage Inc), Agreement and Plan of Merger (Micro Focus (US), Inc.)
Certificate of Incorporation and Bylaws; Directors and Officers. (a) Unless otherwise determined by Parent prior to the Effective Time:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Sequenom Inc), Agreement and Plan of Merger (Netsuite Inc)
Certificate of Incorporation and Bylaws; Directors and Officers. Unless otherwise determined by Parent Parent, with advance written notice to the Company, prior to the Effective Time:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Select Medical Corp), Agreement and Plan (Select Medical Corp)
Certificate of Incorporation and Bylaws; Directors and Officers. Unless otherwise jointly determined by Parent and the Company in writing prior to the Effective Time:
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (Jazz Technologies, Inc.), Agreement and Plan of Merger and Reorganization (Tower Semiconductor LTD)
Certificate of Incorporation and Bylaws; Directors and Officers. Unless otherwise determined by Parent prior to the Effective Time, at the Effective Time:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (1Life Healthcare Inc), Agreement and Plan of Merger (M/a-Com Technology Solutions Holdings, Inc.)
Certificate of Incorporation and Bylaws; Directors and Officers. Unless otherwise jointly determined by Parent and the Company prior to the Effective Time, at the Effective Time:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Simtek Corp), Agreement and Plan of Merger (Cypress Semiconductor Corp /De/)
Certificate of Incorporation and Bylaws; Directors and Officers. Unless otherwise determined by Parent the Parents prior to the Effective Time:
Appears in 1 contract
Samples: Agreement and Plan of Merger (Reddy Ice Holdings Inc)
Certificate of Incorporation and Bylaws; Directors and Officers. Unless otherwise determined by Parent and Target prior to the Effective Time:
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Walker Interactive Systems Inc)
Certificate of Incorporation and Bylaws; Directors and Officers. Unless otherwise determined agreed to by Parent and the Company prior to the Effective Time:
Appears in 1 contract
Certificate of Incorporation and Bylaws; Directors and Officers. Unless otherwise determined by Parent and the Company prior to the Effective Time, at the Effective Time:
Appears in 1 contract
