Common use of Surviving Corporation Bylaws Clause in Contracts

Surviving Corporation Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a), the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will become the bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (EngageSmart, Inc.), Agreement and Plan of Merger (Vista Equity Partners Fund Viii, L.P.), Agreement and Plan of Merger (Duck Creek Technologies, Inc.)

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Surviving Corporation Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a6.9(a), the bylaws of Merger Sub, the Company will be amended and restated in their entirety to read as in effect immediately prior to the Effective Time, will become the bylaws of the Surviving Corporation Merger Sub until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Restaurant Brands International Limited Partnership), Agreement and Plan of Merger (Carrols Restaurant Group, Inc.)

Surviving Corporation Bylaws. At the Company Merger Effective Time, subject to the provisions of Section 6.10(a), the bylaws of Merger SubSub I, as in effect immediately prior to the Company Merger Effective Time, will become the bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Pluralsight, Inc.), Agreement and Plan of Merger (Pluralsight, Inc.)

Surviving Corporation Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a6.9(a), the form of bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will become the form of bylaws of the Surviving Corporation from and after the Effective Time until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (R1 RCM Inc. /DE), Agreement and Plan of Merger (R1 RCM Inc. /DE)

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Surviving Corporation Bylaws. At the Effective Time, subject to the provisions of Section 6.10(aβ€Ž6.10(a), the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will become the bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.

Appears in 1 contract

Samples: Agreement and Plan of Merger (HireRight Holdings Corp)

Surviving Corporation Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a), the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will become the bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCLFBCA, the certificate articles of incorporation of the Surviving Corporation and such bylaws.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Chico's Fas, Inc.)

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