Conflict with Applicable Law or Certificate of Incorporation. These by-laws are adopted subject to any applicable law and the Certificate of Incorporation. Whenever these by-laws may conflict with any applicable law or the Certificate of Incorporation, such conflict shall be resolved in favor of such law or the Certificate of Incorporation.
Appears in 7 contracts
Samples: Registration Rights Agreement (Monterey Capital Acquisition Corp), Agreement and Plan of Merger (Neenah Inc), Agreement and Plan of Merger (KORU Medical Systems, Inc.)
Conflict with Applicable Law or Certificate of Incorporation. These by-laws bylaws are adopted subject to any applicable law and the Certificate of Incorporation. Whenever these by-laws bylaws may conflict with any applicable law or the Certificate of Incorporation, such conflict shall be resolved in favor of such law or the Certificate of Incorporation.
Appears in 3 contracts
Samples: Transaction Agreement (Advanced Emissions Solutions, Inc.), Agreement and Plan of Merger (AvidXchange Holdings, Inc.), Business Combination Agreement (Isos Acquisition Corp.)
Conflict with Applicable Law or Certificate of Incorporation. These by-laws Bylaws are adopted subject to any applicable law and the Certificate of IncorporationCharter. Whenever these by-laws Bylaws may conflict with any applicable law or the Certificate of IncorporationCharter, such conflict shall be resolved in favor of such law or the Certificate of IncorporationCharter, as applicable.
Appears in 2 contracts
Samples: Joinder Agreement (DiamondPeak Holdings Corp.), Business Combination Agreement (Diamond Eagle Acquisition Corp. \ DE)
Conflict with Applicable Law or Certificate of Incorporation. These by-laws Bylaws are adopted subject to any applicable law and the Certificate of Incorporation. Whenever these by-laws Bylaws may conflict with any applicable law or the Certificate of Incorporation, such conflict shall be resolved in favor of such law or the Certificate of Incorporation.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Greenhill & Co Inc), Business Combination Agreement (Adtran Inc)
Conflict with Applicable Law or Certificate of Incorporation. These by-laws are adopted subject to any applicable law and the Certificate of Incorporation. Whenever these by-laws may conflict with any applicable law or the Certificate of Incorporation, such conflict shall be resolved in favor of such law or the Certificate of Incorporation.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Merck & Co., Inc.), Agreement and Plan of Merger (Immune Design Corp.)
Conflict with Applicable Law or Certificate of Incorporation. These byBy-laws are adopted subject to any applicable law and the Certificate of Incorporation. Whenever these byBy-laws may conflict with any applicable law or the Certificate of Incorporation, such conflict shall be resolved in favor of such law or the Certificate of Incorporation.
Appears in 1 contract
Samples: Business Combination Agreement (ArcLight Clean Transition Corp. II)
Conflict with Applicable Law or Certificate of Incorporation. These by-laws Bylaws are adopted subject to any applicable law and the Certificate of Incorporationlncorporation. Whenever these by-laws Bylaws may conflict with any applicable law or the Certificate of Incorporation, such conflict shall be resolved in favor of such law or the Certificate of Incorporation.
Appears in 1 contract
Samples: Electronic Tracking Agreement (Century Communities, Inc.)
Conflict with Applicable Law or Certificate of Incorporation. These by-laws Bylaws are adopted subject to any applicable law and the Certificate of Incorporation. Whenever these by-laws Bylaws may conflict with any applicable law or the Certificate of Incorporation, such conflict shall be resolved in favor of such law or the Certificate of Incorporation.
Appears in 1 contract
Samples: Business Combination Agreement (Frazier Lifesciences Acquisition Corp)
Conflict with Applicable Law or Certificate of Incorporation. These byBy-laws are adopted subject to any applicable law Law and the Certificate of Incorporation. Whenever these byBy-laws may conflict with any applicable law Law or the Certificate of Incorporation, such conflict shall be resolved in favor of such law Law or the Certificate of Incorporation.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Spectrum Brands, Inc.)
