Surviving Corporation Constituent Documents. (a) The charter of the Company, as in effect immediately prior to the Effective Time, shall continue as the charter of the Surviving Corporation at the Effective Time until amended as provided therein or by applicable Law. (b) The bylaws of Merger Sub, as in effect immediately prior to the Effective Time, shall be the bylaws of the Surviving Corporation until amended as provided therein or by applicable Law.
Appears in 4 contracts
Samples: Merger Agreement (Terra Industries Inc), Merger Agreement (CF Industries Holdings, Inc.), Agreement and Plan of Merger (CF Industries Holdings, Inc.)
Surviving Corporation Constituent Documents. (a) The charter of the Company, as in effect immediately prior to the Effective Time, shall continue be amended and restated at the Effective Time to be in the form attached hereto as Exhibit A and shall be the charter of the Surviving Corporation at the Effective Time until amended as provided therein or by applicable Law.
(b) The bylaws of Merger Sub, as in effect immediately prior to the Effective Time, shall be the bylaws of the Surviving Corporation until amended as provided therein or by applicable Law.
Appears in 3 contracts
Samples: Merger Agreement, Merger Agreement (Terra Industries Inc), Merger Agreement (CF Industries Holdings, Inc.)
Surviving Corporation Constituent Documents. (a) The charter certificate of incorporation of the Company, Company as in effect immediately prior to the Effective Time, shall continue as be the charter certificate of incorporation of the Surviving Corporation at the Effective Time until amended as provided therein or by applicable LawCorporation.
(b) The bylaws of Merger Sub, as in effect immediately prior to the Effective Time, shall be the bylaws of the Surviving Corporation until amended as provided therein or by applicable Law.
Appears in 2 contracts
Samples: Merger Agreement (Superior Well Services, INC), Merger Agreement (Nabors Industries LTD)
Surviving Corporation Constituent Documents. (a) The charter of the Company, as in effect immediately prior to the Effective Time, shall continue be amended and restated at the Effective Time to be in the form attached hereto as Exhibit B and shall be the charter of the Surviving Corporation at the Effective Time until amended as provided therein or by applicable Law.
(b) The bylaws Bylaws of Merger Sub, as in effect immediately prior to the Effective Time, shall be the bylaws of the Surviving Corporation until amended as provided therein or by applicable Law.
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