Certificate of Incorporation of the Surviving Corporation. The certificate of incorporation of Merger Subsidiary in effect at the Effective Time shall be the certificate of incorporation of the Surviving Corporation until amended in accordance with applicable law.
Appears in 3 contracts
Samples: Merger Agreement (S3 Inc), Merger Agreement (Diamond Multimedia Systems Inc), Merger Agreement (Diamond Multimedia Systems Inc)
Certificate of Incorporation of the Surviving Corporation. The certificate of incorporation of Merger Subsidiary the Company in effect at the Effective Time shall be the certificate of incorporation of the Surviving Corporation until amended in accordance with applicable law.
Appears in 2 contracts
Samples: Merger Agreement (Mobil Corp), Merger Agreement (Exxon Corp)
Certificate of Incorporation of the Surviving Corporation. The certificate of incorporation of Merger Subsidiary the Company in effect at the Effective Time shall be the certificate of incorporation of the Surviving Corporation until subsequently amended in accordance with applicable law.
Appears in 2 contracts
Samples: Merger Agreement (Chevron Corp), Merger Agreement (Texaco Inc)
Certificate of Incorporation of the Surviving Corporation. The At the Effective Time, the certificate of incorporation of Merger Subsidiary in effect at the Effective Time Company, as amended as set forth on Exhibit A, shall be the certificate of incorporation of the Surviving Corporation until thereafter amended in accordance with its terms and applicable lawLaw.
Appears in 2 contracts
Samples: Merger Agreement (Fidelity National Information Services, Inc.), Merger Agreement (Worldpay, Inc.)
Certificate of Incorporation of the Surviving Corporation. The At the Effective Time, the certificate of incorporation of iPayment Merger Subsidiary Sub, as in effect at the Effective Time Time, shall be the certificate of incorporation of the Surviving Corporation until amended in accordance with applicable lawCorporation.
Appears in 2 contracts
Samples: Merger Agreement (Ipayment Inc), Merger Agreement (Ipayment Inc)
Certificate of Incorporation of the Surviving Corporation. The At the Effective Time, the certificate of incorporation of Merger Subsidiary in effect at Sub attached hereto as Exhibit A (the Effective Time shall “Merger Sub Charter”) will be the certificate of incorporation of the Surviving Corporation until thereafter amended in accordance with applicable law.Law, except that such certificate of incorporation will be amended to change the name of the Surviving Corporation to “Exult, Inc.”
Appears in 2 contracts
Samples: Merger Agreement (Hewitt Associates Inc), Merger Agreement (Exult Inc)
Certificate of Incorporation of the Surviving Corporation. The certificate of incorporation of the Company shall be amended in connection with the consummation of the Merger Subsidiary to read in its entirety the same as the certificate of incorporation of MergerCo in effect at immediately prior to the Effective Time (except that the name of the Company shall remain “iPayment, Inc.”), and as so amended, shall be the certificate of incorporation of the Surviving Corporation until amended in accordance with applicable lawCorporation.
Appears in 2 contracts
Samples: Merger Agreement (Ipayment Inc), Agreement and Plan of Merger (Ipayment Inc)
Certificate of Incorporation of the Surviving Corporation. The certificate of incorporation of Merger Subsidiary in effect at the Effective Time shall be the certificate of incorporation of the Surviving Corporation until amended in accordance with applicable law, except that the name of the Surviving Corporation shall be changed to the current name of the Company.
Appears in 2 contracts
Samples: Merger Agreement (Symmetricom Inc), Merger Agreement (Truetime Inc)
Certificate of Incorporation of the Surviving Corporation. The certificate of incorporation of Merger Subsidiary in effect at the Effective Time Caremark shall be the certificate of incorporation of the Surviving Corporation until amended in accordance with applicable lawApplicable Law.
Appears in 2 contracts
Samples: Merger Agreement (CVS Corp), Merger Agreement (Caremark Rx Inc)
Certificate of Incorporation of the Surviving Corporation. The certificate of incorporation of Merger Subsidiary Sub in effect at the Effective Time shall be the certificate of incorporation of the Surviving Corporation until amended in accordance with applicable law, except that the name of the Surviving Corporation shall be changed to the current name of the Company.
Appears in 2 contracts
Samples: Merger Agreement (Symmetricom Inc), Merger Agreement (Datum Inc)
Certificate of Incorporation of the Surviving Corporation. The certificate Certificate of incorporation Incorporation of Merger Subsidiary Sub as in effect at the Effective Time shall be the certificate Certificate of incorporation Incorporation of the Surviving Corporation until duly amended in accordance with applicable law.
Appears in 1 contract
Samples: Merger Agreement (Xoom Inc)
Certificate of Incorporation of the Surviving Corporation. The certificate of incorporation of Merger Subsidiary in effect Unless otherwise determined by Buyer prior to the Effective Time, at the Effective Time the Certificate of 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 amended in accordance with its terms and pursuant to applicable law.
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Certificate of Incorporation of the Surviving Corporation. The certificate of incorporation of Merger Subsidiary Sub in effect at immediately prior to the Effective Time shall be the certificate of incorporation of the Surviving Corporation until amended in accordance with applicable law.
Appears in 1 contract
Certificate of Incorporation of the Surviving Corporation. The certificate At and after the Effective Time, the Certificate of incorporation Incorporation of Merger Subsidiary Sub (the "MERGER SUB CHARTER"), as in effect at immediately prior to the Effective Time Time, shall be the certificate Certificate of incorporation Incorporation of the Surviving Corporation until amended in accordance with applicable lawCorporation.
Appears in 1 contract
Samples: Merger Agreement (Cdknet Com Inc)
Certificate of Incorporation of the Surviving Corporation. The certificate of incorporation of Merger Subsidiary MERGER SUB in effect at the Effective Time shall be the certificate of incorporation of the Surviving Corporation until amended in accordance with applicable law, except that the name of the Surviving Corporation shall be changed to the name NATIONAL HOLDING COMPANY.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Olympic Cascade Financial Corp)
Certificate of Incorporation of the Surviving Corporation. The certificate Certificate of incorporation Incorporation of the Merger Subsidiary Sub in effect at the Effective Time shall be the certificate Certificate of incorporation Incorporation of the Surviving Corporation until amended in accordance with applicable lawCorporation.
Appears in 1 contract
Certificate of Incorporation of the Surviving Corporation. The certificate of incorporation of UPC Merger Subsidiary Sub, in effect at substantially the Effective Time form attached as Exhibit A, shall be the certificate of incorporation of the Surviving Corporation until amended in accordance with applicable law(the "Certificate of Incorporation").
Appears in 1 contract
Certificate of Incorporation of the Surviving Corporation. The certificate of incorporation of Merger Subsidiary in effect at the Effective Time Surviving Corporation shall be the certificate of incorporation of Duke as in effect on the Surviving Corporation date hereof without change unless and until amended in accordance with applicable law.
Appears in 1 contract
Samples: Merger Agreement (UAS Drone Corp.)
Certificate of Incorporation of the Surviving Corporation. The certificate of incorporation of Merger Subsidiary in effect at the Effective Time shall be the certificate of incorporation of the Surviving Corporation until amended in accordance with applicable lawshall be the certificate of incorporation set forth as Exhibit A attached hereto.
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Certificate of Incorporation of the Surviving Corporation. The certificate of incorporation of Merger Subsidiary in effect at the Effective Time shall be the certificate of incorporation of the Surviving Corporation until amended in accordance with applicable law.,
Appears in 1 contract
Certificate of Incorporation of the Surviving Corporation. The At the Effective Time and without any further action on the part of the Company or Merger Sub, the certificate of incorporation of Merger Subsidiary Sub, as in effect at immediately prior to the Effective Time Time, shall be the certificate of incorporation of the Surviving Corporation as of the Effective Time, until duly amended in accordance with applicable lawLaw.
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Certificate of Incorporation of the Surviving Corporation. The certificate of incorporation of Merger Subsidiary in effect at At the Effective Time shall Time, the Certificate of Incorporation of the Company, amended and restated as set forth on Exhibit B, will be the certificate of incorporation of the Surviving Corporation until amended in accordance with applicable lawCorporation.
Appears in 1 contract
Certificate of Incorporation of the Surviving Corporation. The certificate of incorporation of Merger Subsidiary Sub, as in effect at immediately prior to the Effective Time Time, shall be the certificate of incorporation of the Surviving Corporation until thereafter amended in accordance with applicable lawas provided by Law.
Appears in 1 contract
