Common use of Certificates of Incorporation Clause in Contracts

Certificates of Incorporation. (i) As of the Effective Time, by virtue of the Docent Merger and without any action on the part of Docent or Docent Merger Sub, the Certificate of Incorporation of the Surviving Corporation of the Docent Merger shall be amended and restated in its entirety to read the same as the Certificate of Incorporation of Docent Merger Sub as in effect immediately prior to the Effective Time, until thereafter amended in accordance with the DGCL and such Certificate of Incorporation; provided, however, that as of the Effective Time, the Certificate of Incorporation of the Surviving Corporation of the Docent Merger shall provide that the name of the Surviving Corporation of the Docent Merger is “Docent, Inc.” (ii) As of the Effective Time, by virtue of the Click2learn Merger and without any action on the part of Click2learn or Click2learn Merger Sub, the Certificate of Incorporation of the Surviving Corporation of the Click2learn Merger shall be amended and restated in its entirety to read the same as the Certificate of Incorporation of Click2learn Merger Sub as in effect immediately prior to the Effective Time, until thereafter amended in accordance with the DGCL and such Certificate of Incorporation; provided, however, that as of the Effective Time, the Certificate of Incorporation of the Surviving Corporation of the Click2learn Merger shall provide that the name of the Surviving Corporation of the Click2learn Merger is “Click2learn, Inc.”

Certificates of Incorporation. (i) As of the Effective Time, by virtue of the Docent NPS Merger and without any action on the part of Docent NPS or Docent NPS Merger Sub, the Certificate of Incorporation of the Surviving Corporation of the Docent NPS Merger shall be amended and restated in its entirety to read the same as the Certificate of Incorporation of Docent NPS Merger Sub as in effect immediately prior to the Effective Time, until thereafter amended in accordance with the DGCL and such Certificate of Incorporation; provided, however, that as of the Effective Time, the Certificate of Incorporation of the Surviving Corporation of the Docent NPS Merger shall provide that the name of the Surviving Corporation of the Docent NPS Merger is “Docent, Inc.”"NPS." (ii) As of the Effective Time, by virtue of the Click2learn Enzon Merger and without any action on the part of Click2learn Enzon or Click2learn Enzon Merger Sub, the Certificate of Incorporation of the Surviving Corporation of the Click2learn Enzon Merger shall be amended and restated in its entirety to read the same as the Certificate of Incorporation of Click2learn Enzon Merger Sub as in effect immediately prior to the Effective Time, until thereafter amended in accordance with the DGCL and such Certificate of Incorporation; provided, however, that as of the Effective Time, the Certificate of Incorporation of the Surviving Corporation of the Click2learn Enzon Merger shall provide that the name of the Surviving Corporation of the Click2learn Enzon Merger is “Click2learn, Inc.”"Enzon."

Certificates of Incorporation. (i) As of the Effective Time, by virtue of the Docent NPS Merger and without any action on the part of Docent NPS or Docent NPS Merger Sub, the Certificate of Incorporation of the Surviving Corporation of the Docent NPS Merger shall be amended and restated in its entirety to read the same as the Certificate of Incorporation of Docent NPS Merger Sub as in effect immediately prior to the Effective Time, until thereafter amended in accordance with the DGCL and such Certificate of Incorporation; provided, however, that as of the Effective Time, the Certificate of Incorporation of the Surviving Corporation of the Docent NPS Merger shall provide that the name of the Surviving Corporation of the Docent NPS Merger is “Docent, Inc.NPS.” (ii) As of the Effective Time, by virtue of the Click2learn Enzon Merger and without any action on the part of Click2learn Enzon or Click2learn Enzon Merger Sub, the Certificate of Incorporation of the Surviving Corporation of the Click2learn Enzon Merger shall be amended and restated in its entirety to read the same as the Certificate of Incorporation of Click2learn Enzon Merger Sub as in effect immediately prior to the Effective Time, until thereafter amended in accordance with the DGCL and such Certificate of Incorporation; provided, however, that as of the Effective Time, the Certificate of Incorporation of the Surviving Corporation of the Click2learn Enzon Merger shall provide that the name of the Surviving Corporation of the Click2learn Enzon Merger is “Click2learn, Inc.Enzon.”