Common use of By-Laws of the Surviving Corporation Clause in Contracts

By-Laws of the Surviving Corporation. The by-laws in the form to be determined by Merger Sub prior to the Effective Time shall be the by-laws of the Surviving Corporation until thereafter amended in accordance with applicable Law.

Appears in 3 contracts

Samples: Business Separation and Merger Agreement (Coca-Cola Enterprises, Inc.), Separation and Merger Agreement (Coca Cola Co), Separation and Merger Agreement (Coca Cola Enterprises Inc)

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By-Laws of the Surviving Corporation. The by-laws of Merger Subsidiary in the form to be determined by Merger Sub prior to effect at the Effective Time shall be the by-laws of the Surviving Corporation until thereafter amended in accordance with applicable Lawlaw.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Mobil Corp), Agreement and Plan of Merger (Exxon Corp)

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By-Laws of the Surviving Corporation. The by-laws of Merger Sub, as in the form to be determined by Merger Sub effect immediately prior to the Effective Time Time, shall be the by-laws of the Surviving Corporation until thereafter amended in accordance with applicable Lawits terms and pursuant to Applicable Laws; provided, however, that such by-laws shall contain the same exculpation and indemnification provisions with respect to directors, officers or employees of the Company as contained in the Company’s by-laws immediately in effect immediately prior to the Effective Time.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Omnicare Inc), Agreement and Plan of Merger (Omnicare Inc)

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