The By-Laws. At the Effective Time, the by-laws of the Company in effect at the Effective Time shall be amended and restated in their entirety to be identical to the by-laws of Merger Sub, as in effect immediately prior to the Effective Time (the “By-Laws”), until thereafter amended as provided therein or by applicable Law, subject to Section 7.13(a) of this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Netopia Inc), Agreement and Plan of Merger (Netopia Inc)
The By-Laws. At the Effective Time, the by-laws of the Company in effect at the Effective Time shall be amended and restated in their entirety to be identical to the by-laws of Merger Sub, as in effect immediately prior to the Effective Time (the “By-Laws”), until thereafter amended as provided therein or by applicable Law, subject to Section 7.13(a) of this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Computer Associates International Inc), Agreement and Plan of Merger (Niku Corp)
The By-Laws. At the Effective Time, the by-laws of the Company in effect at the Effective Time shall be amended and restated in their entirety to be identical to the by-laws of Merger Sub, as in effect immediately prior to the Effective Time (the “By-Laws”)) attached hereto as Exhibit B, until thereafter amended as provided therein or by applicable Law, subject to Section 7.13(a) of this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Motorola Inc), Agreement and Plan of Merger (Symbol Technologies Inc)
The By-Laws. At the Effective Time, the by-laws of the Company in effect at the Effective Time shall be amended and restated in their entirety to be identical to the by-laws of Merger Sub, as in effect immediately prior to the Effective Time (the Time(the “By-Laws”), until thereafter amended as provided therein or by applicable Law, subject to Section 7.13(a) of this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Computer Associates International Inc), Agreement and Plan of Merger (Concord Communications Inc)
The By-Laws. At the Effective Time, the by-laws of the Company in effect at the Effective Time shall will be amended and restated in their entirety to be identical to the by-laws of Merger Sub, as in effect immediately prior to the Effective Time (the “By-Laws”), until thereafter later amended as provided therein in the By-Laws or by applicable Law, subject to Section 7.13(a) of this Agreement.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Terayon Communication Systems)