Common use of Charter and Bylaws; Directors and Officers Clause in Contracts

Charter and Bylaws; Directors and Officers. (a) At the Effective Time, the Certificate of Incorporation of Sub (the "Charter") as in effect immediately prior to the Effective Time shall be the Certificate of Incorporation of the Surviving Corporation until thereafter changed or amended as provided therein or by applicable law. At the Effective Time, the Bylaws of Sub as in effect immediately prior to the Effective Time shall be the Bylaws of the Surviving Corporation until thereafter changed or amended as provided therein.

Charter and Bylaws; Directors and Officers. (a) At the Effective Time, the Certificate of Incorporation of Sub (the "Sub Charter") ), as in effect immediately prior to at the Effective Time Time, shall be the Certificate of Incorporation of the Surviving Corporation until thereafter changed or amended as provided therein or by applicable law. law except that the name of the Surviving Corporation shall initially be "The Finance Company" At the Effective Time, the Bylaws of Sub as in effect immediately prior to at the Effective Time shall be the Bylaws of the Surviving Corporation until thereafter changed or amended as provided thereinin accordance with applicable law.

Charter and Bylaws; Directors and Officers. (a) At the Effective Time, the Certificate of Incorporation of Sub (the "“Sub Charter"”) as in effect immediately prior to the Effective Time shall be the Certificate of Incorporation of the Surviving Corporation until thereafter changed or amended as provided therein or by applicable lawLaw. At the Effective Time, the Bylaws of Sub Sub, as in effect immediately prior to the Effective Time Time, shall be the Bylaws of the Surviving Corporation until thereafter changed or amended as provided thereintherein or by the Sub Charter.

Charter and Bylaws; Directors and Officers. (a) At the Effective Time, the Certificate of Incorporation of Sub (the "Sub Charter") ), as in effect immediately prior to at the Effective Time Time, shall be the Certificate of Incorporation of the Surviving Corporation until thereafter changed or amended as provided therein or by applicable lawlaw except that the name of the Surviving Corporation shall initially be "MFN Financial Corporation". At the Effective Time, the Bylaws of Sub as in effect immediately prior to at the Effective Time shall be the Bylaws of the Surviving Corporation until thereafter changed or amended as provided thereinin accordance with applicable law.