Organizational Documents of the Surviving Company. 1.3.1 From and after the Effective Time, the amended and restated articles of incorporation of the Company, as in effect immediately prior to the Effective Time, shall continue in full force and effect as the articles of incorporation of the Surviving Company until thereafter amended as provided therein or by applicable law. 1.3.2 From and after the Effective Time, the second amended and restated bylaws of the Company, as in effect immediately prior to the Effective Time, shall continue in full force and effect as the bylaws of the Surviving Company (the “Surviving Company Bylaws”) until thereafter amended as provided therein or by applicable law.
Appears in 4 contracts
Samples: Merger Agreement (Ada-Es Inc), Merger Agreement (Advanced Emissions Solutions, Inc.), Merger Agreement (Ada-Es Inc)
Organizational Documents of the Surviving Company. 1.3.1 From and after the Effective Time, the amended and restated articles of incorporation of the Company, as in effect immediately prior to the Effective Time, shall continue in full force and effect as the articles of incorporation of the Surviving Company until thereafter amended as provided therein or by applicable law.
1.3.2 From and after the Effective Time, the second amended and restated bylaws of the Company, as in effect immediately prior to the Effective Time, shall continue in full force and effect as the bylaws of the Surviving Company (the “Surviving Company Bylaws”) until thereafter amended as provided therein or by applicable law.
Appears in 2 contracts
Samples: Merger Agreement (Rocky Mountain Chocolate Factory Inc), Merger Agreement (Rocky Mountain Chocolate Factory, Inc.)
Organizational Documents of the Surviving Company. 1.3.1 From and after the Effective Time, the amended and restated articles Restated Articles of incorporation Incorporation of the Company, as in effect immediately prior to the Effective Time, shall continue in full force and effect as the articles Articles of incorporation Incorporation of the Surviving Company until thereafter amended as provided therein or by applicable law.
1.3.2 From and after the Effective Time, the second amended and restated bylaws Amended By-Laws of the Company, as in effect immediately prior to the Effective Time, shall continue in full force and effect as the bylaws of the Surviving Company (the “Surviving Company Bylaws”) until thereafter amended as provided therein or by applicable law.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Interactive Intelligence Inc)
