Common use of Organizational Documents of the Surviving Company Clause in Contracts

Organizational Documents of the Surviving Company. (a) At the Effective Time, (i) the articles of incorporation of the Company, as in effect immediately prior to the Effective Time, shall be the articles of incorporation of the surviving corporation in the Initial Merger and (ii) the code of regulations of the Company, as in effect immediately prior to the Effective Time, shall be the code of regulations of the surviving corporation in the Initial Merger, in each case until thereafter amended in accordance with the provisions thereof and applicable Law. (b) At the effective time of the Subsequent Merger, (i) the certificate of formation of Merger Sub II, as in effect immediately prior to the effective time of the Subsequent Merger, shall be the certificate of formation of the Surviving Company and (ii) the operating agreement of Merger Sub II, as in effect immediately prior to the effective time of the Subsequent Merger (the “Operating Agreement”), shall be the operating agreement of the Surviving Company, in each case until thereafter amended in accordance with the provisions thereof and applicable Law, except that the name of the Surviving Company shall be “Concentrix CVG, LLC” and provided that, unless otherwise prohibited by Law, the operating agreement of the Surviving Company shall contain provisions no less favorable with respect to exculpation, indemnification of and advancement of expenses to Covered Persons for periods at or prior to the Effective Time than are currently set forth in the articles of incorporation and code of regulations of the Company.

Organizational Documents of the Surviving Company. (a) At the First Effective Time, (i) the articles of incorporation of Company Certificate and the Company, as in effect immediately prior to the Effective Time, Company Bylaws shall be the articles certificate of incorporation and bylaws, respectively, of the surviving corporation in the Initial Merger and (ii) the code of regulations of the Company, as in effect immediately prior to the Effective Time, shall be the code of regulations of the surviving corporation in the Initial Merger, in each case First Surviving Corporation until thereafter changed or amended in accordance with the provisions thereof and as provided therein or by applicable Law. (b) At the effective time of the Subsequent MergerSecond Effective Time (and subject to Section 6.9(e)), (i) the certificate of formation and limited liability company agreement of Merger Sub II, 2 as in effect immediately prior to the effective time of the Subsequent Merger, Second Effective Time shall be the certificate of formation of the Surviving Company and (ii) the operating agreement of Merger Sub II, as in effect immediately prior to the effective time of the Subsequent Merger (the “Operating Agreement”), shall be the operating limited liability company agreement of the Surviving Company, in each case until thereafter amended in accordance with applicable Law and the applicable provisions thereof of such certificate of formation and applicable Lawlimited liability company agreement. (c) From and after the First Effective Time until the sixth (6th) anniversary thereof, except that the name Organizational Documents of the Surviving Company shall be “Concentrix CVG, LLC” and provided that, unless otherwise prohibited by Law, the operating agreement its Subsidiaries as of the Surviving Company Second Effective Time shall contain provisions no less favorable with respect to exculpationindemnification, indemnification of and advancement of expenses to Covered Persons for periods at or and exculpation of individuals who were, prior to the First Effective Time Time, directors, officers or employees of the Company, a Subsidiary of the Company or any of their predecessor entities, than are currently presently set forth in the articles Company Organizational Documents and the Organizational Documents of incorporation and code of regulations Subsidiaries of the Company., which provisions shall not be amended, repealed or otherwise modified in any manner that would adversely affect the rights thereunder of any such individuals. TABLE OF CONTENTS​​​

Organizational Documents of the Surviving Company. (a) At the First Effective Time, (i) the articles of incorporation of Company Certificate and the Company, as in effect immediately prior to the Effective Time, Company Bylaws shall be the articles certificate of incorporation and bylaws, respectively, of the surviving corporation in the Initial Merger and (ii) the code of regulations of the Company, as in effect immediately prior to the Effective Time, shall be the code of regulations of the surviving corporation in the Initial Merger, in each case First Surviving Corporation until thereafter changed or amended in accordance with the provisions thereof and as provided therein or by applicable Law. (b) At the effective time of the Subsequent MergerSecond Effective Time (and subject to Section 6.9(e)), (i) the certificate of formation and limited liability company agreement of Merger Sub II, 2 as in effect immediately prior to the effective time of the Subsequent Merger, Second Effective Time shall be the certificate of formation of the Surviving Company and (ii) the operating agreement of Merger Sub II, as in effect immediately prior to the effective time of the Subsequent Merger (the “Operating Agreement”), shall be the operating limited liability company agreement of the Surviving Company, in each case until thereafter amended in accordance with applicable Law and the applicable provisions thereof of such certificate of formation and applicable Lawlimited liability company agreement. (c) From and after the First Effective Time until the sixth (6th) anniversary thereof, except that the name Organizational Documents of the Surviving Company shall be “Concentrix CVG, LLC” and provided that, unless otherwise prohibited by Law, the operating agreement its Subsidiaries as of the Surviving Company Second Effective Time shall contain provisions no less favorable with respect to exculpationindemnification, indemnification of and advancement of expenses to Covered Persons for periods at or and exculpation of individuals who were, prior to the First Effective Time Time, directors, officers or employees of the Company, a Subsidiary of the Company or any of their predecessor entities, than are currently presently set forth in the articles Company Organizational Documents and the Organizational Documents of incorporation and code of regulations Subsidiaries of the Company, which provisions shall not be amended, repealed or otherwise modified in any manner that would adversely affect the rights thereunder of any such individuals.