Common use of The Certificate of Incorporation Clause in Contracts

The Certificate of Incorporation. The certificate of incorporation of Stratex as in effect immediately prior to the Effective Time shall be the certificate of incorporation of the Surviving Corporation (the “Certificate of Incorporation”), until duly amended as provided therein or by applicable Law; provided, however, that at the Effective Time the Certificate of Incorporation shall be amended so that it is identical to the certificate of incorporation of Merger Sub immediately prior to the Effective Time except that the name of the Surviving Corporation shall be “Stratex Networks, Inc.”

The Certificate of Incorporation. The certificate of incorporation of Stratex the Company as in effect immediately prior to the Effective Time shall be the certificate of incorporation of the Surviving Corporation (the “Certificate of IncorporationCharter”), until duly amended as provided therein or by applicable Law; provided, however, that at the Effective Time the Certificate of Incorporation shall be amended so that it is identical to the certificate of incorporation of Merger Sub immediately prior to the Effective Time except that the name of the Surviving Corporation shall be “Stratex Networks, Inc.”.

The Certificate of Incorporation. The At the Effective Time, the certificate of incorporation of Stratex the Company, as in effect immediately prior to the Effective Time and as amended and restated in its entirety by the Certificate of Merger to conform to the certificate of incorporation of Purchaser (other than the name of the Company, which shall remain unchanged), shall be the certificate of incorporation of the Surviving Corporation (the “Certificate of Incorporation”)Corporation, until duly thereafter amended as provided therein or by applicable Law; provided, however, that at under the Effective Time the Certificate of Incorporation shall be amended so that it is identical to the certificate of incorporation of Merger Sub immediately prior to the Effective Time except that the name of the Surviving Corporation shall be “Stratex Networks, Inc.”DGCL.

The Certificate of Incorporation. The At the Effective Time, the certificate of incorporation of Stratex the Company as in effect immediately prior to the Effective Time shall be the certificate of incorporation of the Surviving Corporation (the “Certificate of IncorporationCharter”), except that the name of the Surviving Corporation shall be Straight Path Communications Inc., until duly amended as provided therein or by applicable Law; provided, however, that at the Effective Time the Certificate of Incorporation shall be amended so that it is identical to the certificate of incorporation of Merger Sub immediately prior to the Effective Time except that the name of the Surviving Corporation shall be “Stratex Networks, Inc.”.

The Certificate of Incorporation. The certificate of incorporation of Stratex the Company as in effect immediately prior to the Effective Time shall be the certificate of incorporation of the Surviving Corporation (the “Certificate of Incorporation”"Charter"), until duly amended as provided therein or by applicable Law; provided, however, that at the Effective Time the Certificate of Incorporation shall be amended so that it is identical to the certificate of incorporation of Merger Sub immediately prior to the Effective Time except that the name of the Surviving Corporation shall be “Stratex Networks, Inc.”.

The Certificate of Incorporation. The certificate of incorporation of Stratex the Company as in effect immediately prior to the Effective Time shall be the certificate of incorporation of the Surviving Corporation (the “Certificate of Incorporation”"Charter"), until duly amended as provided therein or by applicable Law; providedlaw, however, except that at (i) Article Fourth of the Effective Time the Certificate of Incorporation Charter shall be amended so that it is identical to the certificate of incorporation of Merger Sub immediately prior to the Effective Time except that the name of the Surviving Corporation shall be “Stratex Networks, Inc.”read in its entirety as follows: "

The Certificate of Incorporation. The certificate of incorporation of Stratex the Company as in effect immediately prior to the Effective Time shall be the certificate of incorporation of the Surviving Corporation (the “Certificate of Incorporation”"Charter"), until duly amended as provided therein or and by applicable Law; provided, however, that at the Effective Time the Certificate of Incorporation shall be amended so that it is identical to the certificate of incorporation of Merger Sub immediately prior to the Effective Time except that the name of the Surviving Corporation shall be “Stratex Networks, Inc.”law.

The Certificate of Incorporation. The certificate of incorporation of Stratex the Company, as amended and in effect immediately prior to the Effective Time Time, shall be the certificate of incorporation of the Surviving Corporation (the “Certificate of IncorporationCharter”), until duly amended as provided therein or by applicable Law; provided, however, that at the Effective Time the Certificate of Incorporation shall be amended so that it is identical to the certificate of incorporation of Merger Sub immediately prior to the Effective Time except that the name of the Surviving Corporation shall be “Stratex Networks, Inc.”.

The Certificate of Incorporation. The certificate of incorporation of Stratex as the Company in effect immediately prior to the Effective Time shall shall, from and after the Effective Time, be the certificate of incorporation of the Surviving Corporation (the “Certificate of Incorporation”"Surviving Charter"), until duly amended as provided therein in the Surviving Charter or by applicable Law; provided, however, that at the Effective Time the Certificate of Incorporation shall be amended so that it is identical to the certificate of incorporation of Merger Sub immediately prior to the Effective Time except that the name of the Surviving Corporation shall be “Stratex Networks, Inc.”law.

The Certificate of Incorporation. The certificate of incorporation of Stratex the Company as in effect immediately prior to the Effective Time shall be the certificate of incorporation of the Surviving Corporation (the “Certificate of Incorporation”"Charter"), until duly thereafter amended as provided therein or by applicable Law; provided, however, that at the Effective Time the Certificate of Incorporation shall be amended so that it is identical to the certificate of incorporation of Merger Sub immediately prior to the Effective Time except that the name of the Surviving Corporation shall be “Stratex Networks, Inc.”law.

The Certificate of Incorporation. The certificate of incorporation of Stratex the Company as in effect immediately prior to the Effective Time shall be the certificate of incorporation of the Surviving Corporation (the “Certificate of IncorporationCharter”), until duly thereafter amended as provided therein or by applicable Law; provided, however, that at the Effective Time the Certificate of Incorporation shall be amended so that it is identical to the certificate of incorporation of Merger Sub immediately prior to the Effective Time except that the name of the Surviving Corporation shall be “Stratex Networks, Inc.”.

The Certificate of Incorporation. The At the Effective Time, the certificate of incorporation of Stratex as in effect immediately prior to the Effective Time Company shall be become the certificate of incorporation of the Surviving Corporation (the “Certificate of IncorporationCharter”), until thereafter duly amended as provided therein or by applicable Law; provided, however, that at the Effective Time the Certificate of Incorporation shall be amended so that it is identical to the certificate of incorporation of Merger Sub immediately prior to the Effective Time except that the name of the Surviving Corporation shall be “Stratex Networks, Inc.”.

The Certificate of Incorporation. The certificate of incorporation of Stratex as in effect immediately prior to At the Effective Time shall be Time, the certificate of incorporation of the Surviving Corporation (the “Certificate Charter”) shall be the certificate of Incorporation”)incorporation of the Company as in effect immediately prior to the Effective Time, until duly thereafter amended as provided therein or by applicable Law; provided, however, that at the Effective Time the Certificate of Incorporation shall be amended so that it is identical to the certificate of incorporation of Merger Sub immediately prior to the Effective Time except that the name of the Surviving Corporation shall be “Stratex Networks, Inc.”.

The Certificate of Incorporation. The certificate of incorporation of Stratex the Company as in effect immediately prior to the Effective Time shall shall, from and after the Effective Time, be the certificate of incorporation of the Surviving Corporation (the “Certificate of IncorporationCharter”), until duly amended as provided therein or by applicable Law; provided, however, that at the Effective Time the Certificate of Incorporation shall be amended so that it is identical to the certificate of incorporation of Merger Sub immediately prior to the Effective Time except that the name of the Surviving Corporation shall be “Stratex Networks, Inc.”Laws (as defined in Section 5.1(i)(ii)).

The Certificate of Incorporation. The certificate of incorporation of Stratex the Company as in effect immediately prior to the Effective Time shall be the certificate of incorporation of the Surviving Corporation (the “Certificate of Incorporation”"Charter"), until duly amended as provided therein or by applicable Law; providedlaw, however, except that at Article IV of the Effective Time the Certificate Articles of Incorporation shall be amended so that it is identical to the certificate of incorporation of Merger Sub immediately prior to the Effective Time except that the name of the Surviving Corporation shall be “Stratex Networks, Inc.”read in its entirety as follows: "

The Certificate of Incorporation. The certificate of incorporation of Stratex as the Company in effect immediately prior to the Effective Time shall shall, from and after the Effective Time, be the certificate of incorporation of the Surviving Corporation (the “Certificate of Incorporation”), until duly amended as provided therein or by applicable Lawlaw; provided, however, that at the Effective Time the Certificate of Incorporation shall be amended so that it is identical to Time, the certificate of incorporation of Merger Sub immediately prior to the Effective Time except that the name of the Surviving Corporation shall be “Stratex Networks, Inc.”amended and restated in the form of Attachment A to Exhibit B.

The Certificate of Incorporation. The certificate of incorporation of Stratex as in effect immediately prior to the Effective Time Company shall be the certificate of incorporation of the Surviving Corporation (the “Certificate of IncorporationCharter”), until duly amended as provided therein or by applicable Law; provided, however, that at the Effective Time the Certificate of Incorporation shall be amended so that it is identical Law (subject to the certificate of incorporation of Merger Sub immediately prior to the Effective Time except that the name of the Surviving Corporation shall be “Stratex Networks, Inc.”Section 6.11(a)).