Common use of Final Surviving Entity Clause in Contracts

Final Surviving Entity. At the effective time of the Second Step Merger, the directors of the Interim Surviving Corporation shall become the managers of the Final Surviving Entity, each to hold the office in accordance with the certificate of formation and limited liability agreement of the Final Surviving Entity until their respective successors are duly elected and qualified. At the effective time of the Second Step Merger the officers of the Interim Surviving Corporation immediately prior to the effective time of the Second Step Merger shall become the officers of the Final Surviving Entity, each to hold office in accordance with the certificate of formation and limited liability agreement of the Final Surviving Entity until their respective successors are duly appointed.

Appears in 1 contract

Samples: Merger Agreement (Limelight Networks, Inc.)

AutoNDA by SimpleDocs

Final Surviving Entity. At the effective time of the Second Step Merger, if it occurs, the directors of the Interim Surviving Corporation shall become the managers of the Final Surviving Entity, each to hold the office in accordance with the certificate Certificate of formation Formation and limited liability agreement Limited Liability Company Agreement of the Final Surviving Entity until their respective successors are duly elected and qualified. At the effective time of the Second Step Merger Merger, if it occurs, the officers of the Interim Surviving Corporation immediately prior to the effective time of the Second Step Merger shall become the officers of the Final Surviving Entity, each to hold office in accordance with the certificate Certificate of formation Formation and limited liability agreement Limited Liability Company Act of the Final Surviving Entity until their respective successors are duly appointed.

Appears in 1 contract

Samples: Merger Agreement (NetApp, Inc.)

Final Surviving Entity. At the effective time of the Second Step Merger, the directors of the Interim Surviving Corporation Entity shall become the managers of the Final Surviving Entity, each to hold the office in accordance with the certificate of formation and limited liability agreement of the Final Surviving Entity until their respective successors are duly elected and qualified. At the effective time of the Second Step Merger Merger, the officers of the Interim Surviving Corporation Entity immediately prior to the effective time of the Second Step Merger shall become the officers of the Final Surviving Entity, each to hold office in accordance with the certificate of formation and limited liability company agreement of the Final Surviving Entity until their respective successors are duly appointed.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Harmonic Inc)

AutoNDA by SimpleDocs

Final Surviving Entity. At the effective time of the Second Step Merger, (i) the directors of the Interim Surviving Corporation Entity shall become the managers of the Final Surviving Entity, each to hold the office in accordance with the certificate of formation and limited liability company agreement of the Final Surviving Entity until their respective successors are duly elected and qualified. At the effective time of the Second Step Merger ; and (ii) the officers of the Interim Surviving Corporation Entity immediately prior to the effective time of the Second Step Merger shall become the officers of the Final Surviving Entity, each to hold office in accordance with the certificate of formation and limited liability company agreement of the Final Surviving Entity until their respective successors are duly appointed.

Appears in 1 contract

Samples: Merger Agreement (Solarcity Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!