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

Organizational Documents of the Surviving Corporation. At the Effective Time, (i) the certificate of incorporation of the Company in effect immediately prior to the Effective Time shall be amended in its entirety to read as Exhibit A to the Certificate of Merger, and (ii) the bylaws of the Company in effect immediately prior to the Effective Time shall be amended in its entirety to read as the bylaws of the Surviving Corporation, in each case, until thereafter amended, subject to Section 6.9(a), in accordance with their respective terms and applicable Law.

Appears in 3 contracts

Samples: Merger Agreement (Q Power LLC), Merger Agreement (Stronghold Digital Mining, Inc.), Merger Agreement (Bitfarms LTD)

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Organizational Documents of the Surviving Corporation. At the Effective Time, : (ia) the certificate of incorporation of the Company Merger Sub as in effect immediately prior to the Effective Time shall be the certificate of incorporation of the Surviving Corporation until thereafter amended in its entirety to read as Exhibit A to accordance with the Certificate DGCL and such certificate of Merger, incorporation; and (iib) the bylaws of the Company Merger Sub as in effect immediately prior to the Effective Time shall be amended in its entirety to read as the bylaws of the Surviving Corporation, in each case, Corporation until thereafter amended, subject to Section 6.9(a), amended in accordance with their respective terms the DGCL and applicable Lawsuch bylaws.

Appears in 2 contracts

Samples: Merger Agreement (Enerflex Ltd.), Merger Agreement (Exterran Corp)

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Organizational Documents of the Surviving Corporation. At and following the Effective Time, (ia) the certificate of incorporation of the Company in effect immediately prior to the Effective Time shall be amended in its entirety to read as Exhibit A to remain the Certificate certificate of Merger, incorporation of the Surviving Corporation and (iib) the bylaws of the Company in effect immediately prior to the Effective Time shall be amended in its entirety to read as remain the bylaws of the Surviving Corporation, in each case, until thereafter amended, amended (subject to Section 6.9(a6.10(b), in accordance with their respective terms and ) as provided therein or as provided by applicable Law.

Appears in 1 contract

Samples: Merger Agreement (Energen Corp)

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