Common use of Certificate of Incorporation and Bylaws of Surviving Corporation Clause in Contracts

Certificate of Incorporation and Bylaws of Surviving Corporation. (a) The Certificate of Incorporation of Merger Sub as in effect immediately prior to the Effective Time shall be the Certificate of Incorporation of the Surviving Corporation until thereafter amended as provided by law and such Certificate of Incorporation; provided, however, that the name of the Surviving Corporation shall be the Company's current name.

Appears in 5 contracts

Samples: Agreement and Plan of Reorganization (HMT Technology Corp), Agreement and Plan of Reorganization (Komag Inc /De/), Agreement and Plan of Reorganization (Komag Inc /De/)

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Certificate of Incorporation and Bylaws of Surviving Corporation. (a) The Certificate At the Effective Time, the certificate of Incorporation incorporation of Merger Sub Sub, as in effect immediately prior to the Effective Time Time, shall be the Certificate certificate of Incorporation incorporation of the Surviving Corporation until thereafter amended as provided by law and such Certificate certificate of Incorporation; provided, however, that the name incorporation and bylaws of the Surviving Corporation shall be the Company's current nameCorporation.

Appears in 3 contracts

Samples: Merger Agreement and Plan of Reorganization (New Focus Inc), Agreement and Plan of Merger (Valueclick Inc/Ca), Plan of Merger (Sonicblue Inc)

Certificate of Incorporation and Bylaws of Surviving Corporation. (a) The Certificate certificate of Incorporation incorporation of Merger Sub 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 the Merger as provided by law of the Effective Time, and such Certificate the bylaws of Incorporation; provided, however, that Merger Sub in effect immediately prior to the name Effective Time shall be the bylaws of the Surviving Corporation shall be in the Company's current nameMerger as of the Effective Time, until thereafter amended in accordance with applicable Law.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Cardlytics, Inc.), Agreement and Plan of Merger (Cardlytics, Inc.)

Certificate of Incorporation and Bylaws of Surviving Corporation. (a) The At the Effective Time, the Certificate of Incorporation of Merger Sub Sub, as in effect immediately prior to the Effective Time Time, shall be the Certificate of Incorporation of the Surviving Corporation from and after the Effective Time until thereafter amended as provided by law and such Certificate of Incorporation; providedIncorporation and bylaws of the Surviving Corporation, however, except that the name of the Surviving Corporation in such Certificate of Incorporation shall be the Company's current name.changed to HigherMarkets, Inc.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Sciquest Inc)

Certificate of Incorporation and Bylaws of Surviving Corporation. (a) The Certificate of Incorporation of Merger Sub as in effect immediately prior to at the Effective Time shall be the Certificate of Incorporation of the Surviving Corporation until thereafter amended as provided by law and such Certificate of Incorporation; provided, however, that the name of the Surviving Corporation shall be the Company's current nameCorporation.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Cascade Sled Dog Adventures Inc)

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Certificate of Incorporation and Bylaws of Surviving Corporation. (a) The At the Effective Time, the Certificate of Incorporation of Merger Sub Sub, as in effect immediately prior to the Effective Time Time, shall be the Certificate of Incorporation of the Surviving Corporation from and after the Effective Time until thereafter amended as provided by law and such Certificate of Incorporation; provided, however, that the name Incorporation and bylaws of the Surviving Corporation shall be the Company's current nameCorporation.

Appears in 1 contract

Samples: Plan of Merger and Reorganization (Sciquest Com Inc)

Certificate of Incorporation and Bylaws of Surviving Corporation. (a) The Certificate At the Effective Time, the certificate of Incorporation incorporation of Merger Sub Sub, as in effect immediately prior to the Effective Time Time, shall be the Certificate certificate of Incorporation incorporation of the Surviving Corporation until thereafter amended as provided by law and by such Certificate certificate of Incorporation; provided, however, that the name incorporation and bylaws of the Surviving Corporation shall be the Company's current nameCorporation.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Magma Design Automation Inc)

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