Surviving Corporation Certificate of Incorporation and By-Laws. The certificate of incorporation of Continental, as in effect immediately prior to the Effective Time, shall be amended and restated at the Effective Time to read in the form of Exhibit A and, as so amended and restated, such certificate of incorporation shall be the certificate of incorporation of the Surviving Corporation until thereafter changed or amended as provided therein or by applicable Law. The by-laws of Continental shall be amended and restated at the Effective Time to be the same as the by-laws of Merger Sub as in effect immediately prior to the Effective Time, until thereafter changed or amended as provided therein or by applicable Law.
Surviving Corporation Certificate of Incorporation and By-Laws. The certificate of incorporation of Insys, as in effect immediately prior to the Effective Time, shall be the certificate of incorporation of the Surviving Corporation until thereafter changed or amended as provided therein or by applicable law. The by-laws of Insys as in effect immediately prior to the Effective Time shall be the by-laws of the Surviving Corporation, until thereafter changed or amended as provided therein or by applicable law.
Surviving Corporation Certificate of Incorporation and By-Laws. For a period of six (6) years after the Closing, 7th Level agrees that it shall not permit any amendment to the certificate of incorporation or by-laws of the Surviving Corporation which would in any way limit the indemnification provisions for the Surviving Corporation's officers and directors as in effect on the Closing Date.
