Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a), the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will become the bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 11 contracts
Sources: Merger Agreement (Rover Group, Inc.), Merger Agreement, Merger Agreement (STAMPS.COM Inc)
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a), the bylaws of Merger Sub, Sub as in effect immediately prior to the Effective Time, will Time shall become the bylaws of the Surviving Corporation Corporation, except that all references to Merger Sub shall be automatically amended and shall become references to the Surviving Corporation, until thereafter amended in accordance with the applicable provisions of as provided by the DGCL, the certificate of incorporation of the Surviving Corporation and such bylawsbylaws (subject to Section 6.10(a)).
Appears in 9 contracts
Sources: Merger Agreement (Global Business Travel Group, Inc.), Merger Agreement (Jamf Holding Corp.), Merger Agreement (Powerschool Holdings, Inc.)
Bylaws. At Subject to the terms of Section 7.11, at the Effective Time, subject to the provisions of Section 6.10(a), the bylaws Bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will shall become the bylaws Bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate Certificate of incorporation Incorporation of the Surviving Corporation and such bylawsBylaws.
Appears in 6 contracts
Sources: Merger Agreement (Imperva Inc), Merger Agreement (Barracuda Networks Inc), Merger Agreement (Rofin Sinar Technologies Inc)
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a), the bylaws of Merger Sub, Sub as in effect immediately prior to the Effective Time, will Time shall become the bylaws of the Surviving Corporation Corporation, except that all references to Merger Sub shall be automatically amended and shall become references to the Surviving Corporation, until thereafter amended in accordance with the applicable provisions of as provided by the DGCL, the certificate of incorporation of the Surviving Corporation and such bylawsbylaws (subject to Section 6.8(a)).
Appears in 5 contracts
Sources: Merger Agreement (Haynes International Inc), Merger Agreement (Haynes International Inc), Merger Agreement (Poshmark, Inc.)
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a), the bylaws of Merger Sub, Sub as in effect immediately prior to the Effective Time, will Time shall become the bylaws of the Surviving Corporation Corporation, except that all references to Merger Sub shall be automatically amended and shall become references to the Surviving Corporation, until thereafter amended in accordance with the applicable provisions of as provided by the DGCL, the certificate of incorporation of the Surviving Corporation and such bylawsbylaws (subject to Section 6.9(a)).
Appears in 5 contracts
Sources: Merger Agreement (Instructure Holdings, Inc.), Merger Agreement (CVS HEALTH Corp), Merger Agreement (Oak Street Health, Inc.)
Bylaws. At Subject to Section 6.7(d), at the Effective Time, subject to the provisions of Section 6.10(a), the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will shall become the bylaws of the Surviving Corporation Corporation, until thereafter changed or amended in accordance with as provided by the applicable provisions of the DGCLTBCA, the certificate of incorporation charter of the Surviving Corporation and such bylaws.
Appears in 4 contracts
Sources: Agreement and Plan of Merger (Fidelity National Financial, Inc.), Agreement and Plan of Merger (Alexanders J Corp), Merger Agreement (Fidelity National Financial, Inc.)
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a), the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will become be the bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 4 contracts
Sources: Merger Agreement (Medallia, Inc.), Agreement and Plan of Merger (Forescout Technologies, Inc), Merger Agreement (Forescout Technologies, Inc)
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a)6.13, the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will shall become the bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCLDelaware Law, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 3 contracts
Sources: Merger Agreement (Microsemi Corp), Merger Agreement (Microchip Technology Inc), Merger Agreement (Standard Microsystems Corp)
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a), the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will become be the bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCLTBOC, the certificate articles of incorporation of the Surviving Corporation and such bylaws.
Appears in 3 contracts
Sources: Merger Agreement (True Wind Capital, L.P.), Merger Agreement (Zix Corp), Merger Agreement (Open Text Corp)
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a)6.10, the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will become the bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 3 contracts
Sources: Merger Agreement (Tessco Technologies Inc), Merger Agreement (Cloudera, Inc.), Merger Agreement (RealPage, Inc.)
Bylaws. At Subject to Section 6.8(c), at the Effective Time, subject to the provisions of Section 6.10(a), the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will shall become the bylaws of the Surviving Corporation Company, until thereafter changed or amended in accordance with the applicable provisions of as provided by the DGCL, the certificate of incorporation of the Surviving Corporation Company and such bylaws.
Appears in 2 contracts
Sources: Merger Agreement (Cigna Corp), Merger Agreement (HealthSpring, Inc.)
Bylaws. At Subject to Section 6.6(b), at the Effective Time, subject to the provisions of Section 6.10(a), the bylaws of Merger Sub, Sub as in effect immediately prior to the Effective Time, will become Time shall be the bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylawsCorporation.
Appears in 2 contracts
Sources: Merger Agreement (Plato Learning Inc), Merger Agreement (Lightspan Inc)
Bylaws. At the Effective Time, subject Subject to the provisions of Section 6.10(a6.01(a), the bylaws of Merger Sub, as Sub in effect immediately prior to the Effective Time, Time will become be the bylaws of the Surviving Corporation after the consummation of the Merger until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylawsApplicable Law.
Appears in 2 contracts
Sources: Agreement and Plan of Merger (Education Lending Group Inc), Merger Agreement (Cit Group Inc)
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a), the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will become be the bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 2 contracts
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a), the bylaws of the Surviving Corporation will be amended and restated to be the bylaws of Merger Sub, Sub as in effect immediately prior to the Effective Time, will become Time (with the bylaws name of the Surviving Corporation being “Everbridge, Inc.”), until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 2 contracts
Sources: Agreement and Plan of Merger (Everbridge, Inc.), Merger Agreement (Everbridge, Inc.)
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a), the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will become be the bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of as provided by the DGCL, the certificate of incorporation of the Surviving Corporation and or such bylaws.
Appears in 2 contracts
Sources: Merger Agreement (Carbon Black, Inc.), Merger Agreement (Vmware, Inc.)
Bylaws. At Subject to Section 5.6, at the Effective Time, subject to the provisions of Section 6.10(a), Time the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will shall become the bylaws of the Surviving Corporation Corporation, until thereafter changed or amended in accordance with the applicable provisions of as provided by the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 2 contracts
Sources: Merger Agreement (Wellpoint, Inc), Merger Agreement (Amerigroup Corp)
Bylaws. At the Effective Time, subject to and without any further action on the provisions part of Section 6.10(a)the Company and Merger Sub, the bylaws of Merger Sub, as Sub in effect immediately prior to the Effective Time, will become Time shall be the bylaws of the Surviving Corporation (the “Bylaws”) until thereafter amended in accordance with the as provided therein or by applicable provisions Law, except that such bylaws shall be amended by Parent as of the DGCL, Effective Time to change the certificate of incorporation name of the Surviving Corporation as used therein to “Rite Aid Corporation” and to contain such bylawsprovisions as are necessary to give full effect to Section 1.4(a) and Section 6.10.
Appears in 2 contracts
Sources: Merger Agreement (Walgreens Boots Alliance, Inc.), Merger Agreement (Rite Aid Corp)
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a), the bylaws of Merger Sub, as Sub in effect immediately prior to the Effective Time, will Time shall become the bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 2 contracts
Sources: Merger Agreement (Exar Corp), Merger Agreement (Maxlinear Inc)
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a6.11(a), the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will shall become the bylaws of the Surviving Corporation (with such changes, to be effective at the Effective Time, as Parent proposes) until thereafter amended in accordance with the applicable provisions of the DGCLMBCA, the certificate articles of incorporation organization of the Surviving Corporation and such bylawsbylaws (subject to the provisions of Section 6.11(a).
Appears in 2 contracts
Sources: Merger Agreement (Cohu Inc), Merger Agreement (Xcerra Corp)
Bylaws. At the Effective Time, subject to the provisions of compliance with Section 6.10(a)6.11, the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will shall become the bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 2 contracts
Sources: Merger Agreement (Fusion-Io, Inc.), Merger Agreement (Sandisk Corp)
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a), the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will become the bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylawsbylaws and consistent with the obligations set forth in Section 6.8.
Appears in 1 contract
Bylaws. At Subject to Section 5.7(d), at the Effective Time, subject to the provisions of Section 6.10(a), the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will shall become the bylaws of the Surviving Corporation Corporation, until thereafter changed or amended in accordance with as provided by the applicable provisions of the DGCLTBCA, the certificate of incorporation charter of the Surviving Corporation and such bylaws.
Appears in 1 contract
Sources: Merger Agreement (Alexanders J Corp)
Bylaws. At Subject to Section 5.6, at the Effective Time, subject to the provisions of Section 6.10(a), Time the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will shall become the bylaws of the Surviving Corporation Corporation, until thereafter changed or amended in accordance with the applicable provisions of as provided by the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.bylaws.
Appears in 1 contract
Sources: Merger Agreement
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a)6.7, the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will become the bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 1 contract
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a), the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will become the bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.. Table of Contents
Appears in 1 contract
Sources: Merger Agreement (Apptio Inc)
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a), the bylaws of the Surviving Corporation will be amended and restated to be the bylaws of Merger Sub, Sub as in effect immediately prior to the Effective Time, will become Time (with the bylaws name of the Surviving Corporation being “ForgeRock, Inc.”), until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 1 contract
Sources: Merger Agreement (ForgeRock, Inc.)
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a)6.9, the bylaws of Merger Sub, Sub as in effect immediately prior to the Effective Time, Time will become the bylaws of the Surviving Corporation (with the name of the Surviving Corporation being “Transphorm, Inc.”), until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 1 contract
Sources: Merger Agreement (Transphorm, Inc.)
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a6.9(a), the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will become the bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws, except that references to the name of Merger Sub will be replaced by references to the name of the Surviving Corporation.
Appears in 1 contract
Sources: Merger Agreement (Augmedix, Inc.)
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a), the bylaws of the Surviving Corporation will be amended and restated to be the bylaws of Merger Sub, Sub as in effect immediately prior to the Effective Time, will become Time (with the bylaws name of the Surviving Corporation being “Momentive Global Inc.”), until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 1 contract
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a), the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will shall become the bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCLMBCA, the certificate articles of incorporation organization of the Surviving Corporation and such bylawsbylaws (subject to the provisions of Section 6.10(a)).
Appears in 1 contract
Sources: Merger Agreement (Xcerra Corp)
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a), the bylaws of the Surviving Corporation will be amended and restated to be the bylaws of Merger Sub, Sub as in effect immediately prior to the Effective Time, will become Time (with the bylaws name of the Surviving Corporation being “Alteryx, Inc.”), until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 1 contract
Sources: Merger Agreement (Alteryx, Inc.)
Bylaws. At Subject to the terms of Section 6.8(a), at the Effective Time, subject to the provisions of Section 6.10(a), the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will shall become the bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 1 contract
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a6.10(b), the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will become the bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 1 contract
Sources: Merger Agreement (Mobileiron, Inc.)
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a6.11(a), the bylaws of the Surviving Corporation will be amended and restated to be in the form of the bylaws of Merger Sub, Sub as in effect immediately prior to the Effective Time, will become Time (with the bylaws name of the Surviving Corporation being “Couchbase, Inc.”), until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 1 contract
Sources: Merger Agreement (Couchbase, Inc.)
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a7.9(a), the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will become be the bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 1 contract
Sources: Merger Agreement (Rocket Fuel Inc.)
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a6.9(a), the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will become be the bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 1 contract
Sources: Merger Agreement (Echelon Corp)
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a), the bylaws of the Surviving Corporation will be amended and restated to be the bylaws of Merger Sub, Sub as in effect immediately prior to the Effective Time, will become Time (with the bylaws name of the Surviving Corporation being “Sumo Logic, Inc.”), until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 1 contract
Sources: Merger Agreement (Sumo Logic, Inc.)
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a)5.11, the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will become the bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 1 contract
Sources: Merger Agreement (New Relic, Inc.)
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a), the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will become the bylaws of the Surviving Corporation Corporation, except that all references to Merger Sub shall be automatically amended and shall become references to the Surviving Corporation, until thereafter amended in accordance with the applicable provisions of the DGCLGBCC, the certificate articles of incorporation of the Surviving Corporation and such bylaws.
Appears in 1 contract
Sources: Merger Agreement (PRGX Global, Inc.)
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a), the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will become the bylaws of the Surviving Corporation (except that all references therein to Merger Sub shall be automatically amended and shall become references to the Surviving Corporation) until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 1 contract
Bylaws. At the Effective Time, by virtue of the Merger and without any further action on the part of the Company or Merger Sub, subject to the provisions of Section 6.10(a), the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will become the bylaws of the Surviving Corporation Corporation, except that all references to Merger Sub shall be automatically amended and shall become references to the Surviving Corporation, until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 1 contract
Sources: Merger Agreement (Otelco Inc.)
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a6.10(a), the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will become the bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 1 contract
Sources: Merger Agreement (Natus Medical Inc)
Bylaws. At the Effective Time, subject to the provisions of compliance with Section 6.10(a)6.10, the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will shall become the bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 1 contract
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a), the 6.9(a),the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will shall become the bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 1 contract
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a6.9(a), the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will become the bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 1 contract
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a)6.10, the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will become be the bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 1 contract
Sources: Merger Agreement (Lifelock, Inc.)
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a6.8(a), the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will shall become the bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 1 contract
Sources: Merger Agreement (Acxiom Corp)
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a), the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will shall become the bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylawsbylaws (subject to the provisions of Section 6.10(a)).
Appears in 1 contract