The Certificate of Incorporation. Subject to Section 5.12(a), at the Effective Time, the certificate of incorporation of the Company shall be amended and restated in its entirety as set forth in Exhibit A hereto and as so amended and restated shall be the Certificate of Incorporation of the Surviving Company (the “Certificate of Incorporation”), until thereafter amended as provided therein or by applicable Law.
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Samples: Merger Agreement (Twilio Inc), Merger Agreement (SendGrid, Inc.)
The Certificate of Incorporation. Subject The certificate of incorporation of the Company, as in effect immediately prior to Section 5.12(a), at the Effective Time, shall be amended to be in the form of Exhibit A hereto, and as so amended shall be the certificate of incorporation of the Company shall be amended and restated in its entirety as set forth in Exhibit A hereto and as so amended and restated shall be the Certificate of Incorporation of the Surviving Company Corporation (the “Certificate of IncorporationCharter”), until thereafter amended as provided therein or by applicable LawLaw (subject to Section 6.11).
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The Certificate of Incorporation. Subject to Section 5.12(a), at At the Effective Time, the certificate of incorporation of the Company shall be amended and restated in its entirety as set forth in the Certificate of Merger attached hereto as Exhibit A hereto and as so amended and restated shall be the Certificate of Incorporation of the Surviving Company (the “Certificate of Incorporation”), until thereafter amended as provided therein or by applicable Law.
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The Certificate of Incorporation. Subject to Section 5.12(a), at At the Effective Time, the certificate of incorporation of the Company (the “Charter”) shall be amended and restated in its entirety entirety, subject to Section 6.11, to be in the form attached hereto as set forth in Exhibit A hereto and as so amended and restated shall be the Certificate of Incorporation of the Surviving Company (the “Certificate of Incorporation”)A, until thereafter amended as provided therein or by applicable LawLaw (subject to Section 6.11).
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Samples: Merger Agreement (Rue21, Inc.)
The Certificate of Incorporation. Subject to Section 5.12(a), at From and after the Effective Time, the certificate of incorporation of the Company Company, as in effect immediately prior to the Merger, shall be amended and restated in its entirety in the Merger as set forth in Exhibit A hereto and C hereto, and, as so amended and restated amended, shall be the Certificate of Incorporation of the Surviving Company Corporation (the “Certificate of IncorporationCharter”), until thereafter amended as provided therein or by applicable LawLaw (subject to Section 5.10).
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Samples: Merger Agreement (BWAY Holding CO)
The Certificate of Incorporation. Subject to Section 5.12(a), at At the Effective Time, the certificate of incorporation of the Company shall be amended and restated to read in its entirety as set forth in on Exhibit A hereto hereto, and as so amended and restated amended, shall be the Certificate certificate of Incorporation incorporation of the Surviving Company Corporation (the “Certificate of IncorporationCharter”), until thereafter duly amended as provided therein or by applicable LawLaw (as defined in Section 5.1(j)).
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The Certificate of Incorporation. Subject to Section 5.12(a), at At the Effective Time, the certificate of incorporation of the Company shall be amended and restated in its entirety to read as set forth in Exhibit A B hereto and as so amended and restated shall be the Certificate certificate of Incorporation incorporation of the Surviving Company (the “Certificate of Incorporation”), until thereafter amended as provided therein or by applicable Law, subject to Section 5.11(b).
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Samples: Merger Agreement (SomaLogic, Inc.)
The Certificate of Incorporation. Subject to Section 5.12(a), at At the Effective Time, the certificate of incorporation of the Company shall be amended and restated in its entirety as set forth in Exhibit A hereto and as so amended and restated shall be the Certificate of Incorporation of the Surviving Company Corporation (the “Certificate of Incorporation”), until thereafter amended as provided therein or by applicable Law.
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Samples: Merger Agreement (Metacrine, Inc.)