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

Certificate of Incorporation and Bylaws of the Surviving Corporation. (a) Subject to the terms of Section 6.5, at the Effective Time the Certificate of Incorporation of the Purchaser, 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 Article I of the Certificate of Incorporation of the Surviving Corporation shall be amended to read as follows: "The name of the corporation is Andros Incorporated."

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Andros Acquisition Inc), Agreement and Plan of Merger (Andros Inc)

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Certificate of Incorporation and Bylaws of the Surviving Corporation. (a) Subject to the terms of Section 6.5, at At the Effective Time the Certificate of Incorporation of the Purchaser, 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; PROVIDEDprovided, HOWEVER-------- however, that Article I of the Certificate of Incorporation of the Surviving ------- Corporation shall be amended to read as follows: "The name of the corporation is Andros IncorporatedQuest Education Corporation."

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Kaplan Inc), Agreement and Plan of Merger (Kaplan Inc)

Certificate of Incorporation and Bylaws of the Surviving Corporation. (a) Subject to the terms of Section 6.5, at At the Effective Time the Certificate of Incorporation of the Purchaser, 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; PROVIDEDprovided, HOWEVERhowever, that Article I of the Certificate of Incorporation of the Surviving Corporation shall be amended to read as follows: "The name of the corporation is Andros Incorporated[Company Name]."

Appears in 1 contract

Samples: Agreement and Plan of Merger (Versatility Inc)

Certificate of Incorporation and Bylaws of the Surviving Corporation. (a) Subject to the terms of Section 6.5, at At the Effective Time Time, the Certificate of Incorporation of the Purchaser, 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; PROVIDEDprovided, HOWEVERhowever, that Article I of the Certificate of Incorporation of the Surviving Corporation shall be amended to read as follows: "The name of the corporation is Andros Incorporated.Braincraft Learning Technologies, Inc."

Appears in 1 contract

Samples: Agreement and Plan of Merger (E Sync Networks Inc)

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Certificate of Incorporation and Bylaws of the Surviving Corporation. (a) Subject to the terms of Section 6.5, at At the Effective Time the Certificate of Incorporation of the Purchaser, 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; PROVIDEDprovided, HOWEVER-------- however, that Article I of the Certificate of Incorporation of the Surviving ------- Corporation shall be amended to read as follows: "The name of the corporation is Andros Incorporated[Company Name]."

Appears in 1 contract

Samples: Exhibit 1 Agreement and Plan of Merger (Oracle Corp /De/)

Certificate of Incorporation and Bylaws of the Surviving Corporation. (a) Subject to the terms of Section 6.5, at At the Effective Time the Certificate of Incorporation of the Purchaser, 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; PROVIDEDprovided, HOWEVER-------- however, that Article I of the Certificate of Incorporation of the Surviving ------- Corporation shall be amended to read as follows: "The name of the corporation is Andros IncorporatedConcentra Corporation."

Appears in 1 contract

Samples: Agreement and Plan (Oracle Corp /De/)

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