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

Organizational Documents of the Surviving Company. (a) The certificate of incorporation of the Company as in effect immediately prior to the Effective Time shall be amended by virtue of the Merger at the Effective Time to read in the form of Exhibit A hereto and, as so amended, shall be the certificate of incorporation of the Surviving Corporation until thereafter changed or amended as provided therein or by applicable Law. (b) The parties hereto shall take all necessary action such that, at the Effective Time and subject to Section 5.9, the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, shall be the bylaws of the Surviving Company until thereafter amended in accordance with the provisions thereof and applicable Law, except that the name of the Surviving Company shall be Office Depot, Inc.

Organizational Documents of the Surviving Company. (a) The At the Effective Time and subject to Section 5.9, the certificate of incorporation of the Company Merger Sub, as in effect immediately prior to the Effective Time shall be amended by virtue of the Merger at the Effective Time to read in the form of Exhibit A hereto and, as so amendedTime, shall be the certificate of incorporation of the Surviving Corporation Company until thereafter changed or amended as provided therein or by in accordance with the provisions thereof and applicable Law, except that the name of the Surviving Company shall be FAMILY DOLLAR STORES, INC. (b) The parties hereto shall take all necessary action such that, at At the Effective Time and subject to Section 5.9, the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, shall be the bylaws of the Surviving Company until thereafter amended in accordance with the provisions thereof and applicable Law, except that the name of the Surviving Company shall be Office DepotFAMILY DOLLAR STORES, Inc.INC.

Organizational Documents of the Surviving Company. (a) The Subject to the requirements set forth in Section 5.9, at the Effective Time, the certificate of incorporation of the Company Merger Sub, as in effect immediately prior to the Effective Time shall be amended by virtue of the Merger at the Effective Time to read in the form of Exhibit A hereto and, as so amendedTime, shall be the certificate of incorporation of the Surviving Corporation Company until thereafter changed or amended as provided therein or by in accordance with the provisions thereof and applicable Law, except that the name of the Surviving Company shall be “Airgas, Inc.”. (b) The parties hereto shall take all necessary action such thatSubject to the requirements set forth in Section 5.9, at the Effective Time and subject to Section 5.9Time, the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, shall be the bylaws of the Surviving Company until thereafter amended in accordance with the provisions thereof and applicable Law, except that the name of the Surviving Company shall be Office Depot“Airgas, Inc.”.