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: Merger Agreement (Monterey Capital Acquisition Corp), Merger Agreement (Neenah Inc), Merger Agreement (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.), Merger Agreement (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 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: Merger Agreement (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: Merger Agreement (Merck & Co., Inc.), Merger Agreement (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.. PAGE
ARTICLE 1 Definitions and Usage ARTICLE 2 The Company
Appears in 2 contracts
Samples: Reorganization Agreement (BRP Group, Inc.), Reorganization Agreement (BRP Group, Inc.)
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: Merger Agreement (DiamondPeak Holdings Corp.), Business Combination Agreement (Diamond Eagle Acquisition Corp. \ DE)
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 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.)
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 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
