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

Certificate of Incorporation of the Surviving Corporation. At --------------------------------------------------------- and after the Effective Time, the Certificate of Incorporation of Merger Sub (the "Merger Sub Charter"), as in effect immediately prior to the Effective Time, shall be the Certificate of Incorporation of the Surviving Corporation, until amended in accordance with the DGCL, except that the name of the Surviving Corporation shall be Data General Corporation.

Appears in 2 contracts

Samples: Merger Agreement (Emc Corp), Merger Agreement (Emc Corp)

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Certificate of Incorporation of the Surviving Corporation. At --------------------------------------------------------- and after the Effective Time, the Certificate of Incorporation of Merger Sub (the "Merger Sub Charter"), as in effect immediately prior to the Effective Time, subject to the provisions of Section 6.11, shall be the Certificate of Incorporation of the Surviving Corporation, until amended in accordance with the DGCL, except that the name of the Surviving Corporation shall be Data General Corporation"VISX, Incorporated."

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Visx Inc), Merger Agreement (Advanced Medical Optics Inc)

Certificate of Incorporation of the Surviving Corporation. At --------------------------------------------------------- and after the Effective Time, the Certificate of Incorporation of Merger Sub (the "Merger Sub Charter"), as in effect immediately prior to the Effective Time, subject to the provisions of Section 6.10, shall be the Certificate of Incorporation of the Surviving Corporation, until amended in accordance with the DGCL, except that the name of the Surviving Corporation shall be Data General Corporation.“IntraLase Corp.”

Appears in 2 contracts

Samples: Merger Agreement (Advanced Medical Optics Inc), Merger Agreement (Intralase Corp)

Certificate of Incorporation of the Surviving Corporation. At --------------------------------------------------------- and after the Effective Time, the Certificate of Incorporation of Merger Sub (the "Merger Sub Charter"), as in effect immediately prior to the Effective Time, shall be the Certificate of Incorporation of the Surviving Corporation, until amended in accordance with the DGCLGCL, except that the name of the Surviving Corporation shall be Data General Captiva Software Corporation.

Appears in 2 contracts

Samples: Merger Agreement (Emc Corp), Merger Agreement (Captiva Software Corp)

Certificate of Incorporation of the Surviving Corporation. At --------------------------------------------------------- and after the Effective Time, the Certificate of Incorporation of Merger Sub (the "Merger Sub Charter"), as in effect immediately prior to the Effective Time, shall be the Certificate of Incorporation of the Surviving Corporation, until amended in accordance with the DGCLGCL, except that the name of the Surviving Corporation shall be Data General Corporation."Documentum, Inc."

Appears in 2 contracts

Samples: Merger Agreement (Documentum Inc), Merger Agreement (Emc Corp)

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Certificate of Incorporation of the Surviving Corporation. At --------------------------------------------------------- and after the Effective Time, the Certificate of Incorporation of Merger Sub (the "Merger Sub Charter")Sub, as in effect immediately prior to the Effective Time, Time shall be the Certificate of Incorporation of the Surviving Corporation, until amended in accordance with the DGCL, except that the name of the Surviving Corporation shall be Data General Corporation."GT Equipment Technologies, Inc."

Appears in 1 contract

Samples: Merger Agreement (GT Solar International, Inc.)

Certificate of Incorporation of the Surviving Corporation. At --------------------------------------------------------- and after the Effective Time, the Certificate of Incorporation of Merger Sub (the "Merger Sub Charter")Sub, as in effect immediately prior to the Effective TimeTime and with provisions to be mutually agreed upon by the parties, shall be the Certificate of Incorporation of the Surviving Corporation, until amended in accordance with the DGCL, except that the . The name of the Surviving Corporation shall be Data General Corporationmutually agreed upon by the parties in writing prior to the Closing.

Appears in 1 contract

Samples: Merger Agreement (Convera Corp)

Certificate of Incorporation of the Surviving Corporation. At --------------------------------------------------------- and after the Effective Time, the Certificate of Incorporation of Merger Sub (the "Merger Sub Charter"), as in effect immediately prior to the Effective Time, shall be the Certificate of Incorporation of the Surviving Corporation, until amended in accordance with the DGCL, except that the name of the Surviving Corporation shall be Data General Corporation.

Appears in 1 contract

Samples: Merger Agreement (Data General Corp)

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