Inconsistent Provisions. In the event that any provision of these Bylaws is or becomes inconsistent with any provision of the Certificate of Incorporation, the DGCL or any other applicable law, such provision of these Bylaws shall not be given any effect to the extent of such inconsistency but shall otherwise be given full force and effect.
Appears in 9 contracts
Samples: Agreement and Plan of Merger (Summit Midstream Partners, LP), Business Combination Agreement (CBRE Acquisition Holdings, Inc.), Agreement and Plan of Merger (GigCapital4, Inc.)
Inconsistent Provisions. In the event that any provision of these Bylaws is or becomes inconsistent with any provision of the Certificate of Incorporation, the DGCL or any other applicable law, such the provision of these Bylaws shall not be given any effect to the extent of such inconsistency but shall otherwise be given full force and effect.
Appears in 6 contracts
Samples: Business Combination Agreement (Pioneer Merger Corp.), Merger Agreement (Supermedia Inc.), Merger Agreement (DEX ONE Corp)
Inconsistent Provisions. In the event that any provision of these Bylaws By-Laws is or becomes inconsistent with any provision of the Certificate of Incorporation, the DGCL or any other applicable law, such the provision of these Bylaws By-Laws shall not be given any effect to the extent of such inconsistency but shall otherwise be given full force and effect.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Thorne Healthtech, Inc.), Merger Agreement (Supermedia Inc.), Merger Agreement (DEX ONE Corp)
Inconsistent Provisions. In the event that any provision of these Bylaws is or becomes inconsistent with any provision of the Amended and Restated Certificate of Incorporation, the DGCL or any other applicable law, such provision of these Bylaws shall not be given any effect to the extent of such inconsistency but shall otherwise be given full force and effect.
Appears in 5 contracts
Samples: Waiver (Vmware, Inc.), Voting and Support Agreement (Dodge & Cox), Agreement and Plan of Merger (Dell Technologies Inc)
Inconsistent Provisions. In the event that any provision of these Bylaws by-laws is or becomes inconsistent with any provision of the Certificate corporation’s certificate of Incorporationincorporation, the DGCL or any other applicable law, such the provision of these Bylaws by-laws shall not be given any effect to the extent of such inconsistency but shall otherwise be given full force and effect.
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (Ritchie Bros Auctioneers Inc), Agreement and Plan of Merger and Reorganization (IAA, Inc.)
Inconsistent Provisions. In the event that any provision of these Bylaws By-laws is or becomes inconsistent with any provision of the Certificate of Incorporation, the DGCL or any other applicable law, such the provision of these Bylaws By-laws shall not be given any effect to the extent of such inconsistency but shall otherwise be given full force and effect.
Appears in 2 contracts
Samples: Term Loan and Security Agreement (PHI Group, Inc./De), Term Loan and Security Agreement (PHI Group, Inc./De)
Inconsistent Provisions. In the event that any provision of these Bylaws is or becomes inconsistent with any provision of the Certificate of IncorporationCertificate, the DGCL or any other applicable law, such the provision of these Bylaws shall not be given any effect to the extent of such inconsistency but shall otherwise be given full force and effect.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Pacira BioSciences, Inc.), Agreement and Plan of Merger (Flexion Therapeutics Inc)
Inconsistent Provisions. In the event that any provision of these Bylaws is or becomes inconsistent with any provision of the Second Amended and Restated Certificate of Incorporation, the DGCL or any other applicable law, such provision of these Bylaws shall not be given any effect to the extent of such inconsistency but shall otherwise be given full force and effect.
Appears in 1 contract
Inconsistent Provisions. In the event that If any provision of these Bylaws is or becomes inconsistent with any provision of the Certificate of Incorporation, the DGCL or any other applicable law, such the provision of these Bylaws shall not be given any effect to the extent of such inconsistency but shall otherwise be given full force and effect.
Appears in 1 contract
Inconsistent Provisions. In the event that any provision of these Bylaws bylaws is or becomes inconsistent with any provision of the Certificate of Incorporation, the DGCL or any other applicable law, such the provision of these Bylaws bylaws shall not be given any effect to the extent of such inconsistency but shall otherwise be given full force and effect.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Cerevel Therapeutics Holdings, Inc.)
Inconsistent Provisions. In the event that any provision of these Bylaws is or becomes inconsistent with any provision of the Restated Certificate of Incorporation, the DGCL or any other applicable law, such provision of these Bylaws shall not be given any effect to the extent of such inconsistency but shall otherwise be given full force and effect.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Replay Acquisition Corp.)
Inconsistent Provisions. In the event that any provision of these Bylaws by-laws is or becomes inconsistent with any provision of the Certificate of Incorporation, the DGCL or any other applicable law, such the provision of these Bylaws by-laws shall not be given any effect to the extent of such inconsistency but shall otherwise be given full force and effect.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Cellular Biomedicine Group, Inc.)
