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

Organizational Documents of the Surviving Corporation. (i) At the Effective Time and without any further action by the Company or Merger Sub, the certificate of incorporation of the Company, as in effect immediately prior to the Effective Time, shall be amended and restated in its entirety as set forth on Exhibit A and, as so amended and restated, will be the certificate of incorporation of the Surviving Corporation until thereafter amended in accordance with the terms thereof or as provided by applicable Law; and (ii) the parties hereto shall take all necessary action such that the bylaws of the Surviving Corporation, as in effect immediately prior to the Effective Time, shall be amended and restated as of the Effective Time to be in the form of the bylaws of Merger Sub immediately prior to the Effective Time, except that references to Merger Sub’s name shall be replaced with references to the name of the Surviving Corporation.

Organizational Documents of the Surviving Corporation. At the Effective Time, (i) At the Effective Time and without any further action by the Company or Merger Sub, the certificate of incorporation of the Company, as Power in effect immediately prior to the Effective Time, Time shall be amended and restated in its entirety as of the Effective Time to be in the form set forth on Exhibit A andin Annex B, and as so amended and restated, will shall be the certificate of incorporation of the Surviving Corporation Corporation, until thereafter amended in accordance with the terms thereof or duly amended, as provided therein or by applicable Law; , and (ii) the parties hereto shall take all necessary action such that the bylaws of the Surviving Corporation, as Power in effect immediately prior to the Effective Time, Time shall be amended and restated as of the Effective Time in their entirety to be in the form of the bylaws of Merger Sub in effect immediately prior to the Effective Time, except that references to Merger Sub’s name and as so amended shall be replaced with references to the name bylaws of the Surviving Corporation, until duly amended, as provided therein or by applicable Law.