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

Certificate of Incorporation and Bylaws of the Surviving Corporation. At the Effective Time, (a) the certificate of incorporation of Company shall be amended so as to read in its entirety as set forth on Exhibit B hereto, and, as so amended, shall be the certificate of incorporation of the Surviving Corporation and (b) the bylaws of the Surviving Corporation shall be amended to read in their entirety as the bylaws of Merger Sub immediately prior to the execution of this Agreement (provided that the name of Merger Sub shall be replaced with the name of the Surviving Corporation).

Certificate of Incorporation and Bylaws of the Surviving Corporation. At (a) The Certificate of Incorporation of Merger Sub, as in effect immediately prior to the Effective Time, (a) the certificate of incorporation of Company shall be amended so as to read in its entirety as set forth on Exhibit B hereto, and, as so amended, shall be the certificate Certificate of incorporation Incorporation of the Surviving Corporation and (b) until duly amended; provided that such Certificate of Incorporation shall be amended to reflect that the bylaws name of the Surviving Corporation shall be amended to read in their entirety as the bylaws “Datastream Systems, Inc.” (b) The Bylaws of Merger Sub Sub, as in effect immediately prior to the execution of this Agreement (provided that the name of Merger Sub Effective Time, shall be replaced with the name Bylaws of the Surviving Corporation), until duly amended.

Certificate of Incorporation and Bylaws of the Surviving Corporation. At Subject to Section 6.6, at the Effective Time, (a) the certificate of incorporation of Company the Surviving Corporation shall be amended so as to read in its entirety to read as set forth on Exhibit B hereto, and, as so amended, shall be the certificate of incorporation of the Surviving Corporation A attached hereto and (b) the bylaws of the Surviving Corporation shall be amended in its entirety to read in their entirety as be identical to the bylaws of Merger Sub as in effect immediately prior to the execution Effective Time, in each case, until thereafter amended in accordance with applicable Law and the applicable provisions of this Agreement (provided that the name certificate of Merger Sub shall be replaced with the name incorporation and bylaws of the Surviving Corporation).

Certificate of Incorporation and Bylaws of the Surviving Corporation. At the Effective Time, (a) The Certificate of Incorporation of the certificate of incorporation of Company shall be amended so as in the Merger to read in its entirety as set forth on as Exhibit B hereto, 1.04(a) attached hereto and, as so amended, shall be the certificate Certificate of incorporation Incorporation of the Surviving Corporation until thereafter amended in accordance with the provisions thereof and hereof and applicable Law. (b) the bylaws of the Surviving Corporation shall be amended to read in their entirety as the bylaws The Bylaws of Merger Sub immediately prior to in effect at the execution of this Agreement (provided that the name of Merger Sub Effective Time shall be replaced with the name Bylaws of the Surviving Corporation), until amended in accordance with the provisions thereof and hereof and applicable Law.

Certificate of Incorporation and Bylaws of the Surviving Corporation. At the Effective Time, (a) the certificate of incorporation of Company the Company, as in effect immediately prior to the Effective Time, shall be amended so and restated as of the Effective Time to read be in its entirety the form of the certificate of incorporation attached hereto as set forth on Exhibit B heretoA, and, and as so amended, amended shall be the certificate of incorporation of the Surviving Corporation Corporation, and (b) the bylaws of Merger Sub in effect at the Effective Time shall be the bylaws of the Surviving Corporation shall be until thereafter amended as provided therein or by applicable Law (and subject to read in their entirety as the bylaws of Merger Sub immediately prior to the execution of this Agreement (provided that the name of Merger Sub shall be replaced with the name of the Surviving CorporationSection 5.8 hereof).

Certificate of Incorporation and Bylaws of the Surviving Corporation. At the Effective Time, (a) the certificate Certificate of incorporation Incorporation of the Company shall be amended so as to read in its entirety as in the form set forth on as Exhibit B hereto, and, as so amended, until amended as provided therein and under the DGCL, it shall be the certificate Certificate of incorporation Incorporation of the Surviving Corporation Corporation, and (b) the bylaws Bylaws of the Surviving Corporation shall be amended to read in their entirety as the bylaws of Merger Sub immediately prior to the execution Closing shall become the Bylaws of this Agreement (the Surviving Corporation until amended as provided that therein and under the name DGCL and the Certificate of Merger Sub shall be replaced with the name Incorporation of the Surviving Corporation).

Certificate of Incorporation and Bylaws of the Surviving Corporation. (a) At the Effective Time, (a) the certificate of incorporation of the Company shall be amended so as and restated to read in its entirety as set forth on in Exhibit B hereto, andA to the Certificate of Merger until thereafter amended as provided by the DGCL and such certificate of incorporation, as so amendedamended and restated. (b) At the Effective Time, the bylaws of the Merger Sub as in effect immediately prior to the Effective Time shall be become the bylaws of the Surviving Corporation until thereafter amended in accordance with the provisions thereof, the certificate of incorporation of the Surviving Corporation and (b) the bylaws of the Surviving Corporation shall be amended to read in their entirety as the bylaws of Merger Sub immediately prior to the execution of this Agreement (provided that the name of Merger Sub shall be replaced with the name of the Surviving Corporation)DGCL.

Certificate of Incorporation and Bylaws of the Surviving Corporation. (a) At the Effective Time, (a) the certificate of incorporation of the Company shall be amended so as to read in its entirety as set forth on Exhibit B hereto, andC. (b) The bylaws of Merger Sub, as so amendedin effect immediately prior to the Effective Time, shall be the certificate of incorporation of the Surviving Corporation and (b) the bylaws of the Surviving Corporation shall be until thereafter amended to read in their entirety as the bylaws of Merger Sub immediately prior to the execution of this Agreement (provided that the name of Merger Sub shall be replaced with the name of the Surviving Corporation)therein or by applicable Law.