Inconsistent Provisions. In the event that any provision of these By-laws is or becomes inconsistent with any provision of the Certificate of Incorporation, the Delaware General Corporation Law or any other applicable law, the provision of these 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: Merger Agreement (Mykrolis Corp), Merger Agreement (Entegris Inc), Merger Agreement (Mykrolis Corp)
Inconsistent Provisions. In the event that any provision of these Byby-laws is or becomes inconsistent with any provision of the Certificate corporation’s certificate of Incorporationincorporation, the Delaware General Corporation Law of the State of Delaware or any other applicable law, the provision of these Byby-laws shall not be given any effect to the extent of such inconsistency but shall otherwise be given full force and effect.
Appears in 4 contracts
Samples: Merger Agreement (Citrix Systems Inc), Merger Agreement (Mam Software Group, Inc.), Merger Agreement (Geeknet, Inc)
Inconsistent Provisions. In the event that any provision of these Byby-laws is or becomes inconsistent with any provision of the Certificate certificate of Incorporationincorporation, the Delaware General Corporation Law of the State of Delaware or any other applicable law, the provision of these Byby-laws shall not be given any effect to the extent of such inconsistency but shall otherwise be given full force and effect.
Appears in 3 contracts
Samples: Business Combination Agreement (Decarbonization Plus Acquisition Corp II), Merger Agreement (Kellwood Co), Plan and Agreement of Merger (Gundle SLT Environmental Inc)
Inconsistent Provisions. In the event that any provision of these By-laws Bylaws is or becomes inconsistent with any provision of the Certificate of Incorporation, the Delaware General Corporation Law of the State of Delaware or any other applicable law, the provision of these By-laws Bylaws shall not be given any effect to the extent of such inconsistency but shall otherwise be given full force and effect.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Turning Point Therapeutics, Inc.), Merger Agreement (Alpha Natural Resources, Inc.), Merger Agreement (Foundation Coal Holdings, Inc.)
Inconsistent Provisions. In the event that any provision of these By-laws bylaws is or becomes inconsistent with any provision of the Certificate certificate of Incorporationincorporation, the Delaware General Corporation Law of the State of Delaware or any other applicable law, the provision of these By-laws bylaws shall not be given any effect to the extent of such inconsistency but shall otherwise be given full force and effect.
Appears in 3 contracts
Samples: Merger Agreement (Keypath Education International, Inc.), Merger Agreement (BankFinancial CORP), Merger Agreement (Windy Creek Developments, Inc.)
Inconsistent Provisions. In the event that any provision of these Byby-laws is or becomes inconsistent with any provision of the Certificate corporation’s certificate of Incorporationincorporation, the Delaware General Corporation Law of the State of Delaware or any other applicable law, the such provision of these Byby-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: Merger Agreement (Comforce Corp), Merger Agreement (Capital Gold Corp)
Inconsistent Provisions. In the event that any provision of these Byby-laws is or becomes inconsistent with any provision of the Certificate certificate of Incorporationincorporation, the Delaware General General’ Corporation Law of the State of Delaware or any other applicable law, the provision of these Byby-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: Merger Agreement (Xpedx Holding Co), Merger Agreement (Xpedx Holding Co)
Inconsistent Provisions. In the event that any provision of these By-laws bylaws is or becomes inconsistent with any provision of the Certificate Corporation’s certificate of Incorporationincorporation, the Delaware General Corporation Law of the State of Delaware or any other applicable law, law the provision provisions of these By-laws 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: Merger Agreement (Option Care Health, Inc.), Merger Agreement (Amedisys Inc)
Inconsistent Provisions. In the event that any provision of these By-laws bylaws is or becomes inconsistent with any provision of the Certificate of Incorporation, the Delaware General Corporation Law of the State of Delaware or any other applicable law, the provision of these By-laws 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: Merger Agreement (EQT Corp), Merger Agreement (Equitrans Midstream Corp)
Inconsistent Provisions. In the event that If any provision of these By-laws Amended and Restated Bylaws is or becomes inconsistent with any provision of the Certificate corporation’s certificate of Incorporationincorporation, the Delaware General Corporation Law or any other applicable law, the provision of these By-laws Amended and Restated 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: Merger Agreement (TradeUP Acquisition Corp.), Merger Agreement (Forum Merger II Corp)
Inconsistent Provisions. In the event that any provision of these Byby-laws is or becomes inconsistent with any provision of the Certificate certificate of Incorporationincorporation, the Delaware Stockholders Agreement by and among the Corporation and its stockholders, as in effect from time to time, the General Corporation Law of the State of Delaware or any other applicable law, the provision provisions of these Byby-laws shall not be given any effect to the extent of such inconsistency but shall otherwise be given full force and effectinconsistency.
Appears in 1 contract
Samples: Merger Agreement (Sothebys)
Inconsistent Provisions. In the event that any provision of these By-laws is or becomes inconsistent with any provision of the Amended and Restated Certificate of Incorporation, the Delaware General Corporation Law Law, the Exchange Act or any regulation thereunder, or any other applicable lawlaw or regulation, the provision of these 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: Merger Agreement (NRG Energy, Inc.)
Inconsistent Provisions. In the event that any provision of these By-laws bylaws is or becomes inconsistent with any provision of the Certificate Corporation’s certificate of Incorporationincorporation, the Delaware General Corporation Law of the State of Delaware or any other applicable law, the such provision of these By-laws 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 Byby-laws is or becomes inconsistent with any provision of the Certificate of Incorporation, the Delaware General Corporation Law of the State of Delaware or any other applicable law, the provision of these Byby-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: Merger Agreement (Lions Gate Entertainment Corp /Cn/)
Inconsistent Provisions. In the event that any provision of these By-laws bylaws is or becomes inconsistent with any provision of the Certificate certificate of Incorporationincorporation, the Delaware General Corporation Law or any other applicable law, the provision of these By-laws 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: Credit Agreement (Radio One Inc)
Inconsistent Provisions. In the event that any provision of these Byrestated by-laws is or becomes inconsistent with any provision of the Certificate certificate of Incorporationincorporation, the Delaware General Corporation Law of the State of Delaware or any other applicable law, the provision of these Byrestated 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
