Directors and Officers of the Surviving Entity; Trustees of Parent. (a) As of the Effective Time, each of the directors and officers of the Company shall resign and the officers of Merger Sub, at the Effective Time, if any, shall be the officers of the Surviving Entity until their successors have been duly elected and qualified or until their earlier death, resignation or removal in accordance with the Constituent Documents of the Surviving Entity. From and after the Effective Time, Parent shall be the sole member and managing member of the Surviving Entity until changed in accordance with the Constituent Documents of the Surviving Entity and the LLC Act.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Monmouth Real Estate Investment Corp), Agreement and Plan of Merger (Monmouth Real Estate Investment Corp), Agreement and Plan of Merger (Equity Commonwealth)
Directors and Officers of the Surviving Entity; Trustees of Parent. (a) As of the Effective Time, each of the directors and officers of the Company shall resign and the officers of Merger Sub, at the Effective Time, if any, shall be the officers of the Surviving Entity until their successors have been duly elected and qualified or until their earlier death, resignation or removal in accordance with the Constituent Documents of the Surviving Entity. From and after As of the Effective Time, Parent shall be the sole member and managing member direct or indirect owner of 100% of the Surviving Entity until changed membership interests in accordance with the Constituent Documents of the Surviving Entity and the LLC ActEntity.
Appears in 3 contracts
Samples: Amended and Restated Agreement and Plan of Merger (Monmouth Real Estate Investment Corp), Amended and Restated Agreement and Plan of Merger (Monmouth Real Estate Investment Corp), Amended and Restated Agreement and Plan of Merger (Equity Commonwealth)
