Common use of Bylaws of the Surviving Corporation Clause in Contracts

Bylaws of the Surviving Corporation. The Parties shall take all actions necessary so that the bylaws of Merger Sub in effect immediately prior to the Effective Time shall be the bylaws of the Surviving Corporation, until duly amended, subject to Section 6.10(b), as provided therein or by applicable Law.

Appears in 11 contracts

Sources: Merger Agreement (Bonanza Creek Energy, Inc.), Merger Agreement (Extraction Oil & Gas, Inc.), Merger Agreement (Bonanza Creek Energy, Inc.)

Bylaws of the Surviving Corporation. The Parties shall take all actions necessary so that the bylaws of Merger Sub in effect immediately prior to the Effective Time shall be the bylaws of the Surviving Corporation, until duly amended, subject to Section 6.10(b6.9(a)(ii), as provided therein or by applicable Law.

Appears in 4 contracts

Sources: Merger Agreement (GRIID Infrastructure Inc.), Merger Agreement (GRIID Infrastructure Inc.), Merger Agreement (Cleanspark, Inc.)

Bylaws of the Surviving Corporation. The Parties shall take all actions necessary so that the bylaws of Merger Sub in effect immediately prior to the Effective Time shall be the bylaws of the Surviving Corporation (the “Bylaws”), except that references to Merger Sub’s name shall be replaced with references to the Surviving Corporation’s name, until duly thereafter amended, subject to Section 6.10(b), restated or amended and restated as provided therein or therein, the Charter and/or by applicable Law, in each case consistent with the obligations set forth in Section 7.11.

Appears in 3 contracts

Sources: Agreement and Plan of Merger (Cards Acquisition Inc.), Agreement and Plan of Merger (Collectors Universe Inc), Merger Agreement (Collectors Universe Inc)

Bylaws of the Surviving Corporation. The Parties parties hereto shall take all actions necessary so that the bylaws of Merger Sub in effect immediately prior to the Effective Time shall be the bylaws of the Surviving Corporation, Corporation (the “Bylaws”) until duly amended, subject to Section 6.10(b), thereafter amended as provided therein or as provided by applicable Law.

Appears in 3 contracts

Sources: Merger Agreement, Merger Agreement (General Cable Corp /De/), Merger Agreement (Amazon Com Inc)

Bylaws of the Surviving Corporation. The Parties shall take all actions necessary so that the bylaws of Merger Sub in effect immediately prior to the Effective Time shall be the bylaws of the Surviving Corporation, until duly amended, subject to Section 6.10(b6.10(a)(ii), as provided therein or by applicable Law.

Appears in 3 contracts

Sources: Merger Agreement (Conocophillips), Merger Agreement (Marathon Oil Corp), Merger Agreement (Marathon Oil Corp)

Bylaws of the Surviving Corporation. The Parties shall take all actions necessary so that the bylaws of Merger Sub in effect immediately prior to the Effective Time shall be the bylaws of the Surviving Corporation, until duly amended, subject to Section 6.10(b6.11(a)(ii), as provided therein or by applicable Law.

Appears in 2 contracts

Sources: Merger Agreement (Compass, Inc.), Merger Agreement (Anywhere Real Estate Inc.)

Bylaws of the Surviving Corporation. The Parties shall take all actions necessary so that the bylaws of the Merger Sub in effect immediately prior to the Effective Time shall be the bylaws of the Surviving Corporation (the “Bylaws”), except that references to Merger Sub’s name shall be replaced with references to the Surviving Corporation’s name, until duly thereafter amended, subject to Section 6.10(b), restated or amended and restated as provided therein or therein, by the Charter and/or by applicable Law.

Appears in 2 contracts

Sources: Merger Agreement (United Rentals, Inc.), Merger Agreement

Bylaws of the Surviving Corporation. The Subject to the requirements of Section 6.12, the Parties shall take all actions necessary so that the bylaws of Merger Sub in effect immediately prior to the Effective Time shall be the bylaws of the Surviving Corporation (the “Bylaws”), except that references to Merger Sub’s name shall be replaced with references to the Surviving Corporation’s name, until duly amended, subject to Section 6.10(b), thereafter amended as provided therein therein, by the Charter or as provided by applicable LawLaw and consistent with the obligations set forth in Section 6.12.

Appears in 1 contract

Sources: Merger Agreement (Craft Brew Alliance, Inc.)

Bylaws of the Surviving Corporation. The Parties shall take all actions necessary so that the bylaws of Merger Sub in effect immediately prior to the Effective Time shall be the bylaws of the Surviving Corporation (the “Bylaws”), except that references to Merger Sub’s name shall be replaced with references to the Surviving Corporation’s name, until duly thereafter amended, subject to Section 6.10(b), restated or amended and restated as provided therein therein, the Charter or by applicable Law, in each case consistent with the obligations set forth in Section 7.12.

Appears in 1 contract

Sources: Merger Agreement (LHC Group, Inc)

Bylaws of the Surviving Corporation. The Parties shall take all actions necessary so action such that the bylaws of the Merger Sub in effect immediately prior to the Effective Time Time, subject to Section 8.11, shall be the bylaws of the Surviving Corporation (the “Bylaws”), except that references to Merger Sub’s name shall be replaced with references to the Surviving Corporation’s name, until duly thereafter amended, subject to Section 6.10(b), restated or amended and restated as provided therein therein, the Charter or by applicable Law.

Appears in 1 contract

Sources: Merger Agreement (Guess Inc)

Bylaws of the Surviving Corporation. The Parties shall take all actions necessary so that the bylaws of Merger Sub in effect immediately prior to the Effective Time shall be the bylaws of the Surviving Corporation (the “Bylaws”), except that references to Merger Sub’s name shall be replaced with references to the Surviving Corporation’s name, until duly thereafter amended, subject to Section 6.10(b), restated or amended and restated as provided therein therein, the Charter or by applicable Law.

Appears in 1 contract

Sources: Merger Agreement (SpringWorks Therapeutics, Inc.)

Bylaws of the Surviving Corporation. The Parties shall take all actions necessary so that the bylaws of Merger Sub in effect immediately prior to the Effective Time shall be the bylaws of the Surviving Corporation (the “Bylaws”), except that references to Merger Sub’s name shall be replaced with references to the Surviving Corporation’s name, until duly thereafter amended, subject to Section 6.10(b), restated or amended and restated as provided therein or therein, by the Charter and/or by applicable Law, in each case consistent with the obligations set forth in Section 7.11.

Appears in 1 contract

Sources: Merger Agreement (Organon & Co.)

Bylaws of the Surviving Corporation. The Parties shall take all actions necessary so that the bylaws of the Merger Sub in effect immediately prior to the Effective Time shall be the bylaws of the Surviving Corporation (the “Bylaws”), except that references to Merger Sub’s name shall be replaced with references to the Surviving Corporation’s name, until duly thereafter amended, subject to Section 6.10(b), restated or amended and restated as provided therein or therein, the Charter and/or by applicable Law.

Appears in 1 contract

Sources: Merger Agreement (Biotelemetry, Inc.)

Bylaws of the Surviving Corporation. The Parties shall take all actions necessary so that the bylaws of Merger Sub in effect immediately prior to the Effective Time shall be the bylaws of the Surviving Corporation (the “Bylaws”), except that references to Merger Sub’s name shall be replaced with references to the Surviving Corporation’s name, until duly thereafter amended, subject to Section 6.10(b), restated or amended and restated as provided therein or therein, by the Charter and/or by applicable Law, in each case, consistent with the obligations set forth in Section 8.11.

Appears in 1 contract

Sources: Merger Agreement (TruBridge, Inc.)

Bylaws of the Surviving Corporation. The Parties parties hereto shall take all actions necessary so that the bylaws of Merger Sub in effect immediately prior to the Effective Time shall be the bylaws of the Surviving Corporation, Corporation (the "Bylaws") until duly amended, subject to Section 6.10(b), thereafter amended as provided therein or as provided by applicable Law.

Appears in 1 contract

Sources: Merger Agreement (Whole Foods Market Inc)