Common use of Officers and Directors of the Surviving Corporation Clause in Contracts

Officers and Directors of the Surviving Corporation. The officers of Merger Sub at the Effective Time shall, from and after the Effective Time, be the officers of the Surviving Corporation until their successors shall have been duly elected or appointed and qualified or until their earlier death, resignation or removal in accordance with the Charter and the Bylaws. Subject to applicable Law, the directors of Merger Sub shall be the directors of the Surviving Corporation at the Effective Time until their successors shall have been duly elected or appointed and qualified or until their earlier death, resignation or removal in accordance with the Charter and the Bylaws.

Appears in 2 contracts

Samples: Merger Agreement (XPO Logistics, Inc.), Merger Agreement (Con-Way Inc.)

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Officers and Directors of the Surviving Corporation. The officers directors of Merger Sub at immediately prior to the Effective Time shallTime, from and after the Effective Time, shall be the initial directors of the Surviving Corporation, and shall hold office until their respective successors are duly elected and qualified, or their earlier death, incapacitation, retirement, resignation or removal. The officers of the Company immediately prior to the Effective Time, from and after the Effective Time, shall be the initial officers of the Surviving Corporation Corporation, and shall hold office until their respective successors shall have been are duly elected and qualified, or appointed and qualified or until their earlier death, resignation or removal in accordance with the Charter and the Bylaws. Subject to applicable Lawincapacitation, the directors of Merger Sub shall be the directors of the Surviving Corporation at the Effective Time until their successors shall have been duly elected or appointed and qualified or until their earlier deathretirement, resignation or removal in accordance with the Charter and the Bylawsremoval.

Appears in 2 contracts

Samples: Merger Agreement (Mallinckrodt PLC), Merger Agreement (Questcor Pharmaceuticals Inc)

Officers and Directors of the Surviving Corporation. The officers and the directors of Merger Sub at the Effective Time shall, from and after the Effective Time, be the officers and directors, respectively, of the Surviving Corporation Corporation, until their successors shall have been duly elected or appointed and qualified or until their earlier death, resignation or removal removal, in accordance with the Charter certificate of incorporation and the Bylaws. Subject to applicable Law, the directors of Merger Sub shall be the directors bylaws of the Surviving Corporation at the Effective Time until their successors shall have been duly elected or appointed and qualified or until their earlier death, resignation or removal in accordance with the Charter and the BylawsXxxxx Employment Agreement (defined below).

Appears in 1 contract

Samples: Merger Agreement (Platinum Energy Resources Inc)

Officers and Directors of the Surviving Corporation. The officers of Merger Sub the Company at the Effective Time shall, from and after the Effective Time, be the officers of the Surviving Corporation until their successors shall have been duly elected or appointed and qualified or until their earlier death, resignation or removal in accordance with the Charter and the BylawsBy-laws. Subject to applicable Law, the directors of Merger Sub shall be the directors of the Surviving Corporation at from and after the Effective Time until their successors shall have been duly elected or appointed and qualified or until their earlier death, resignation or removal in accordance with the Charter and the BylawsBy-laws.

Appears in 1 contract

Samples: Merger Agreement (Echo Global Logistics, Inc.)

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Officers and Directors of the Surviving Corporation. The officers of Merger Sub the Company at the Effective Time shall, from and after the Effective Time, be the officers of the Surviving Corporation until their successors shall have been duly elected or appointed and qualified or until their earlier death, resignation or removal in accordance with the Charter and the Bylaws. Subject to applicable Law, the directors of Merger Sub shall be the directors of the Surviving Corporation at the Effective Time until their successors shall have been duly elected or appointed and qualified or until their earlier death, resignation or removal in accordance with the Charter and the Bylaws.

Appears in 1 contract

Samples: Merger Agreement (Pacer International Inc)

Officers and Directors of the Surviving Corporation. (a) The officers directors of Merger Sub at the Effective Time shall, from and after the Effective Time, be the officers of the Surviving Corporation until their successors shall have been duly elected or appointed and qualified or until their earlier death, resignation or removal in accordance with the Charter and the Bylaws. Subject to applicable Law, the directors of Merger Sub shall be the directors of the Surviving Corporation and shall hold office until the earlier of their resignation or removal or until their successors are duly elected and qualified. (b) The officers of Sub at the Effective Time of the Merger shall be the officers of the Surviving Corporation and shall hold office until the earlier of their resignation or removal or until their successors shall have been are duly elected or appointed and qualified or until their earlier death, resignation or removal in accordance with the Charter and the Bylawsqualified.

Appears in 1 contract

Samples: Acquisition Agreement (Quanex Corp)

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