The By-Laws. The parties hereto shall take all actions necessary so that the by-laws of Merger Sub 1 in effect immediately prior to the Effective Time shall be the by-laws of the Surviving Corporation (the “By-Laws”), until thereafter amended as provided therein or by applicable Law.
Appears in 2 contracts
Samples: Merger Agreement (Tesoro Corp /New/), Merger Agreement (Western Refining, Inc.)
The By-Laws. The parties hereto shall take all actions necessary so that the by-laws of Merger Sub 1 as in effect immediately prior to the Effective Time shall be the by-laws of the Surviving Corporation (the “By-Laws”), until thereafter amended as provided therein or by applicable Law.
Appears in 2 contracts
Samples: Merger Agreement (Leap Wireless International Inc), Merger Agreement (At&t Inc.)
The By-Laws. The parties hereto Parties shall take all actions necessary so that that, at the Effective Time, the by-laws of Merger Sub 1 in effect immediately prior to the Effective Time shall be the by-laws of the Surviving Corporation (the “By-Laws”), until thereafter amended as provided therein or by applicable Law.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Andeavor), Merger Agreement (Marathon Petroleum Corp)
The By-Laws. The parties hereto shall take all actions necessary so that the by-laws bylaws of Merger Sub 1 in effect immediately prior to the Effective Time shall be the by-laws bylaws of the Surviving Corporation (the “By-Laws”), until thereafter amended as provided therein or by applicable Lawlaw.
Appears in 2 contracts
Samples: Merger Agreement (Encore Medical Corp), Merger Agreement (Compex Technologies Inc)
The By-Laws. The parties hereto shall take all actions necessary so that the by-laws of Merger Sub 1 in effect immediately prior to the Effective Time shall be amended and restated in their entirety to read as set forth on Exhibit B hereto and shall be the by-laws of the Surviving Corporation (the “By-Laws”), until thereafter amended as provided therein or by applicable Law.
Appears in 2 contracts
Samples: Merger Agreement (Cubist Pharmaceuticals Inc), Merger Agreement (Optimer Pharmaceuticals Inc)
The By-Laws. The parties hereto shall take all actions necessary so that the by-laws of the Merger Sub 1 in effect immediately prior to the Effective Time shall be the by-laws of the Surviving Corporation (the “"By-Laws”"), until thereafter amended as provided therein or by applicable Lawlaw.
Appears in 1 contract
The By-Laws. The parties hereto shall take all actions necessary so that the by-laws of Merger Sub 1 in effect immediately prior to the Effective Time shall be the by-laws of the Surviving Corporation (the “"By-Laws”"), until thereafter amended as provided therein or by applicable Law.
Appears in 1 contract
The By-Laws. The parties hereto shall take all actions necessary so that the by-laws of Merger Sub 1 in effect immediately prior to the Effective Time shall be the by-laws of the Surviving Corporation (the “By-Laws”“), until thereafter amended (subject to Section 6.12(b)) as provided therein or by applicable Law.
Appears in 1 contract
The By-Laws. The parties hereto shall take all actions necessary so that the by-laws of Merger Sub 1 in effect immediately prior to the Effective Time shall be the by-laws of the Surviving Corporation (the “By-Laws”), until thereafter amended as provided therein or by applicable Lawlaw.
Appears in 1 contract
