Certificate of Incorporation of Surviving Entity. At the Second Effective Time, the certificate of incorporation of Capital One, as in effect immediately prior to the Second Effective Time, shall be the certificate of incorporation of the Surviving Entity until thereafter amended in accordance with applicable law.
Certificate of Incorporation of Surviving Entity. At the Effective Time, the certificate of incorporation of the Surviving Entity shall be in the form set forth on Exhibit F until thereafter amended in accordance with applicable law.
Certificate of Incorporation of Surviving Entity. At the Effective Time, the Restated Certificate of Incorporation of PACW, as in effect immediately prior to the Effective Time, shall, without any further action of any person, be amended and restated in the form attached hereto as Exhibit C and thereafter shall be the certificate of incorporation of the Surviving Entity until amended in accordance with applicable law.
Certificate of Incorporation of Surviving Entity. At the Effective Time, the articles of incorporation of FIBK, as amended as set forth in Exhibit A (such amendment, the “FIBK Articles Amendment”), shall be the articles of incorporation of the Surviving Entity until thereafter amended in accordance with applicable law.
Certificate of Incorporation of Surviving Entity. At the Effective Time, the certificate of incorporation of the Company shall be amended to read in its entirety as the certificate of incorporation of Merger Sub as in effect immediately prior to the Effective Time and as so amended shall be the certificate of incorporation of the Surviving Entity until thereafter amended as provided therein or by applicable law; provided, however, that the name of the Surviving Entity is “Sport Supply Group, Inc.” and the provisions of the certificate of incorporation of the Company relating to the incorporator of the Company shall not be amended.
Certificate of Incorporation of Surviving Entity. Subject to the obligations of Section 5.14, as of the Effective Time, by virtue of the Merger and without any action on the part of VGX or Submerger, the Certificate of Incorporation of VGX as the Surviving Entity shall be amended and restated in its entirety to read the same as the Certificate of Incorporation of Submerger as in effect immediately prior to the Effective Time, until thereafter amended in accordance with this Agreement, the DGCL and such Certificate of Incorporation; provided, however, that as of the Effective Time, the Certificate of Incorporation of the Surviving Entity shall provide that the name of the Surviving Entity is "VGX Therapeutics, Inc."
Certificate of Incorporation of Surviving Entity. At the Effective Time, the certificate of incorporation of BYFC, as amended and as set forth in Exhibit A (such amendment, the “BYFC Amended Certificate”), shall be the certificate of incorporation of the Surviving Entity until thereafter amended in accordance with applicable law.
Certificate of Incorporation of Surviving Entity. Unless the Reverse Merger Election is made, from and after the Effective Time, the certificate of incorporation of Parent as in effect immediately prior to the Effective Time shall be the certificate of incorporation of the Surviving Entity until thereafter amended or by applicable law. If the Reverse Merger Election is made, the certificate of incorporation of Merger Sub shall be the certificate of incorporation of the Surviving Entity until thereafter amended as provided therein or by applicable law; provided, however, that the certificate of incorporation shall be amended to provide that the name of the Surviving Entity is “Sport Supply Group, Inc.”
Certificate of Incorporation of Surviving Entity. At the Effective Time, Neenah Certificate will be amended and restated in its entirety, in the form attached as Exhibit B, and as so amended and restated, shall be the Certificate of Incorporation of the Surviving Entity until thereafter amended in accordance with its terms and applicable law.
