Surviving Corporation Constituent Documents. (a) The certificate of incorporation and bylaws of the Company, as in effect immediately prior to the Effective Time, shall be the certificate of incorporation and bylaws of the First Surviving Corporation until thereafter changed or amended as provided therein or by applicable Law, except as otherwise contemplated by this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Take Two Interactive Software Inc), Agreement and Plan of Merger (Zynga Inc)
Surviving Corporation Constituent Documents. (a) The certificate of incorporation and bylaws of the Company, Company as in effect immediately prior to the Effective Time, shall be the certificate of incorporation and bylaws of the First Surviving Corporation until thereafter changed or amended as provided therein or by applicable Law, except as otherwise contemplated by this AgreementCorporation.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Nabors Industries LTD), Agreement and Plan of Merger (Superior Well Services, INC)
Surviving Corporation Constituent Documents. (a) The At the Effective Time, the certificate of incorporation and bylaws of the Company, as in effect immediately prior to the Effective Time, shall be amended and restated in its entirety to read as set forth on Exhibit B and as so amended and restated, shall be the certificate of incorporation and bylaws of the First Surviving Corporation until thereafter changed or amended and/or restated as provided therein or by applicable Law, except as otherwise contemplated by this AgreementLaw or such certificate of incorporation.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Lantheus Holdings, Inc.), Agreement and Plan of Merger (Progenics Pharmaceuticals Inc)
Surviving Corporation Constituent Documents. (a) The At the Effective Time, the certificate of incorporation and bylaws of the Company, as in effect immediately prior to the Effective Time, shall be amended and restated in its entirety to read as set forth on Exhibit A and as so amended and restated, shall be the certificate of incorporation and bylaws of the First Surviving Corporation until thereafter changed or amended and/or restated as provided therein or by applicable Law, except as otherwise contemplated by this AgreementLaw or such certificate of incorporation.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Lantheus Holdings, Inc.)
