Common use of Interim Surviving Corporation Clause in Contracts

Interim Surviving Corporation. (i) At the Effective Time, the certificate of incorporation of the Company shall be amended and restated in its entirety to read identically to the certificate of incorporation of Merger Sub One as in effect immediately prior to the Effective Time, and such amended and restated certificate of incorporation shall become the certificate of incorporation of the Interim Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL and such certificate of incorporation; provided, however, that at the Effective Time the certificate of incorporation of the Interim Surviving Corporation shall be amended so that the name of the Interim Surviving Corporation shall be “Entropic Communications, Inc.”

Appears in 2 contracts

Samples: Agreement and Plan of Merger and Reorganization (Entropic Communications Inc), Agreement and Plan of Merger and Reorganization (Maxlinear Inc)

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Interim Surviving Corporation. (i) At the Effective Time, subject to the certificate provisions of incorporation Section 6.12, the Certificate of Incorporation of the Company shall be amended and restated in its entirety to read identically to the certificate Certificate of incorporation Incorporation of Merger Sub One as in effect immediately prior to the Effective Time, and such amended and restated certificate Certificate of incorporation Incorporation shall become the certificate Certificate of incorporation Incorporation of the Interim Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL Delaware Law and such certificate Certificate of incorporationIncorporation; provided, however, that at the Effective Time the certificate Certificate of incorporation Incorporation of the Interim Surviving Corporation shall be amended so that the name of the Interim Surviving Corporation shall be “Entropic Communications, "thinkorswim Group Inc.".

Appears in 1 contract

Samples: Agreement and Plan of Merger (Thinkorswim Group Inc.)

Interim Surviving Corporation. (i) At the Effective Time, the certificate Certificate of incorporation Incorporation of the Company shall be amended and restated in its entirety to read identically to the certificate Certificate of incorporation Incorporation of Merger Sub One as in effect immediately prior to the Effective Time, and such amended and restated certificate Certificate of incorporation Incorporation shall become the certificate Certificate of incorporation Incorporation of the Interim Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL and such certificate Certificate of incorporationIncorporation; provided, however, that at the Effective Time the certificate Certificate of incorporation Incorporation of the Interim Surviving Corporation shall be amended so that the name of the Interim Surviving Corporation shall be “Entropic Communications, Inc.Data Domain.

Appears in 1 contract

Samples: Agreement and Plan of Merger (NetApp, Inc.)

Interim Surviving Corporation. (i) At the Effective Time, the certificate Certificate of incorporation Incorporation of the Company shall be amended and restated in its entirety to read identically to the certificate Certificate of incorporation Incorporation of Merger Sub One as in effect immediately prior to the Effective Time, and such amended and restated certificate Certificate of incorporation Incorporation shall become the certificate Certificate of incorporation Incorporation of the Interim Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL and such certificate Certificate of incorporationIncorporation; provided, however, that at the Effective Time the certificate Certificate of incorporation Incorporation of the Interim Surviving Corporation shall be amended so that the name of the Interim Surviving Corporation shall be “Entropic CommunicationsEyeWonder, Inc.”

Appears in 1 contract

Samples: Agreement and Plan of Merger (Limelight Networks, Inc.)

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Interim Surviving Corporation. (i) At the Effective Time, subject to the certificate provisions of incorporation Section 6.12, the Certificate of Incorporation of the Company shall be amended and restated in its entirety to read identically to the certificate Certificate of incorporation Incorporation of Merger Sub One as in effect immediately prior to the Effective Time, and such amended and restated certificate Certificate of incorporation Incorporation shall become the certificate Certificate of incorporation Incorporation of the Interim Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL Delaware Law and such certificate Certificate of incorporationIncorporation; provided, however, that at the Effective Time the certificate Certificate of incorporation Incorporation of the Interim Surviving Corporation shall be amended so that the name of the Interim Surviving Corporation shall be “Entropic Communications, thinkorswim Group Inc.”.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Td Ameritrade Holding Corp)

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