Bylaws. The bylaws of the Company in effect at the Effective Time shall be the bylaws of the Surviving Corporation until amended in accordance with applicable law.
Appears in 22 contracts
Samples: Agreement and Plan of Merger (Netiq Corp), Agreement and Plan of Merger (Donaldson Lufkin & Jenrette Inc /Ny/), Agreement and Plan of Merger (Foamex Capital Corp)
Bylaws. The bylaws of the Company in effect at the Effective Time shall be the bylaws of the Surviving Corporation until amended in accordance with applicable lawApplicable Law.
Appears in 16 contracts
Samples: Agreement and Plan of Merger (Tyco Electronics Ltd.), Agreement and Plan of Merger (Phelps Dodge Corp), Agreement and Plan of Merger (Amc Entertainment Holdings, Inc.)
Bylaws. The bylaws of the Company Buyer in effect at the Effective Time shall be the bylaws of the Surviving Corporation until amended in accordance with applicable law.
Appears in 11 contracts
Samples: Agreement and Plan of Merger (Pricellular Wireless Corp), Agreement and Plan of Merger (Delta & Pine Land Co), Agreement and Plan of Merger (Decrane Acquisition Co)
Bylaws. The bylaws of the Company in effect at the Effective Time shall be the bylaws of the Surviving Corporation until amended in accordance herewith and with applicable law.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Pharmhouse Corp), Agreement and Plan of Merger (Pharmhouse Corp), Agreement and Plan of Merger (Pharmhouse Corp)
Bylaws. The bylaws Bylaws of the Company in effect at the Effective Time shall be the bylaws Bylaws of the Surviving Corporation until amended in accordance with applicable law.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Chart Industries Inc), Agreement and Plan of Merger (Chart Industries Inc), Agreement and Plan of Merger (Meadowbrook Rehabilitation Group Inc)
Bylaws. The bylaws of the Company in effect at the Effective Time shall be the bylaws of the Surviving Corporation until amended in accordance with applicable lawLaw.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Liberty Corp), Agreement and Plan of Merger (Wandel & Goltermann Management Holding GMBH), Agreement and Plan of Merger (National Transaction Network Inc)
Bylaws. The bylaws of the Company as in effect at immediately prior to the Effective Time (the “Company Bylaws”) shall be become the bylaws of the Surviving Corporation Corporation, until the same shall thereafter be altered, amended or repealed in accordance with applicable lawLaw, the articles of incorporation of the Surviving Corporation or such bylaws.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Us Unwired Inc), Agreement and Plan of Merger (Us Unwired Inc), Agreement and Plan of Merger (Sprint Corp)
Bylaws. The bylaws of the Company Acquisition in effect at the Effective Time shall be the bylaws of the Surviving Corporation until amended in accordance with applicable law.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Integrated Electrical Services Inc), Agreement and Plan of Merger (Integrated Electrical Services Inc), Agreement and Plan of Merger (Integrated Electrical Services Inc)
Bylaws. The bylaws of the Company as in effect at the Effective ------ Time shall be the bylaws of the Surviving Corporation until thereafter changed or amended in accordance with as provided therein or by applicable law.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Armstrong World Industries Inc), Agreement and Plan of Merger (Armstrong World Industries Inc), Agreement and Plan of Merger (Triangle Pacific Corp)
Bylaws. The bylaws of the Company Company, as in effect at immediately prior to the Effective Time Time, shall be the bylaws of the Surviving Corporation until thereafter changed or amended in accordance with as provided therein or by applicable law.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Energy Search Inc), Agreement and Plan of Merger (Outdoor Channel Holdings Inc), Agreement and Plan of Merger (Outdoor Channel Holdings Inc)
Bylaws. The bylaws of the Company as in effect at immediately prior to the Effective Time shall be the bylaws of the Surviving Corporation until thereafter amended in accordance with applicable lawLaw.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Apple South Inc), Agreement and Plan of Merger (Apple South Inc), Agreement and Plan of Merger (Apple South Inc)
Bylaws. The bylaws of the Company as in effect at immediately prior to the Effective Time shall from and after the Effective Time be and continue to be the bylaws of the Surviving Corporation until changed or amended in accordance with applicable law.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (G & L Tender LLC), Agreement and Plan (G&l Realty Corp), Agreement and Plan (Gottlieb Daniel M)
Bylaws. The At the Effective Time, the bylaws of the Company in effect at the Effective Time shall be the bylaws of the Surviving Corporation until thereafter changed or amended in accordance with as provided therein or by applicable law.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (St Paul Companies Inc /Mn/), Agreement and Plan of Merger (St Paul Companies Inc /Mn/), Agreement and Plan of Merger (Travelers Property Casualty Corp)
Bylaws. The bylaws of the Company in effect at immediately prior to the Effective Time shall be the bylaws of the Surviving Corporation Corporation, until duly amended in accordance with applicable law.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Erc Industries Inc /De/), Agreement and Plan of Merger (Arnold Palmer Golf Co)
Bylaws. The bylaws of the Company in effect at the Effective Time shall be the bylaws of the Surviving Corporation Corporation, until amended amended, altered or repealed in accordance with applicable lawLaw.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Mandalay Resort Group), Agreement and Plan of Merger (MGM Mirage)
Bylaws. The bylaws of the Company Company, as in effect at immediately prior to the Effective Time Time, shall be the bylaws of the Surviving Corporation until thereafter changed or amended in accordance with as provided therein or by applicable lawLaw.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (GTT Communications, Inc.), Agreement and Plan of Merger (GTT Communications, Inc.)
Bylaws. The bylaws of the Company in effect at the Effective Time ------ shall be the bylaws by-laws of the Surviving Corporation (the "Bylaws"), until ------ thereafter amended as provided therein or by applicable Law, subject to the restrictions contained in accordance with applicable lawSection 6.10(e).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Fluor Daniel Gti Inc), Agreement and Plan of Merger (International Technology Corp)
Bylaws. The At the Effective Time, the bylaws of the Company Company, as in effect at as of the Effective Time Time, shall be the bylaws of the Surviving Corporation (the “Bylaws”), until thereafter amended as provided therein or in accordance with the Surviving Corporation Charter or by applicable lawLaw.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (At Home Group Inc.), And (At Home Group Inc.)
Bylaws. The At the Effective Time, the bylaws of the Company Company, as in effect at immediately prior to the Effective Time Time, shall be the bylaws of the Surviving Corporation until thereafter amended in accordance with applicable lawthe terms thereof.
Appears in 2 contracts
Samples: Merger Agreement (RedRoller Holdings, Inc.), Merger Agreement (RedRoller Holdings, Inc.)
Bylaws. The bylaws Bylaws of the Company as in effect at the Effective Time shall be the bylaws Bylaws of the Surviving Corporation until thereafter amended in accordance with applicable law.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (American Vantage Companies), Agreement and Plan of Merger (Genius Products Inc)
Bylaws. The bylaws by-laws of the Company in effect at the Effective Time shall be the bylaws by-laws of the Surviving Corporation until amended in accordance with applicable law.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (American Retail Group, Inc.), Agreement and Plan of Merger (Alpine Alpha 3, Ltd.)
Bylaws. The bylaws of From and after the Effective Time, the Company in effect at the Effective Time Bylaws shall be constitute the bylaws of the Surviving Corporation (the “Surviving Corporation Bylaws”) until thereafter amended in accordance with as provided therein or by applicable law.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (NorthWestern Energy Group, Inc.), Agreement and Plan of Merger (Northwestern Corp)
Bylaws. The bylaws of the Company in effect at the Effective Time shall be the bylaws of the Surviving Corporation until amended in accordance with applicable lawCorporation.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (NTL Inc), Agreement and Plan of Merger (Telewest Global Inc)
Bylaws. The bylaws of the Company as in effect at immediately prior to the Effective Time shall be the bylaws of the Surviving Corporation Corporation, until duly amended in accordance with applicable lawthe terms thereof, of the articles of incorporation of the Surviving Corporation and of the OBCA.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Alaris Medical Systems Inc), Agreement and Plan of Merger (Alaris Medical Inc)
Bylaws. The bylaws of the Company in effect at the Effective Time shall be the bylaws of the Surviving Corporation until amended amended, subject to the provisions of Section 6.5 of this Agreement, in accordance with the provisions thereof and hereof and applicable lawLaw.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Clary Corp), Agreement and Plan of Merger (Hawker Pacific Aerospace)
Bylaws. The bylaws of the Company in effect at the Effective Time shall be the bylaws of the Surviving Surviv- ing Corporation until amended in accordance with applicable law., except that Section 2 of Article III of the bylaws of the Surviving Corporation shall be amended and restated to read as follows:
Appears in 1 contract
Bylaws. The bylaws of the Company in effect at immediately prior to the Effective Time shall be the bylaws of the Surviving Corporation Corporation, which shall be amended at the Effective Time to be in the form set forth in Exhibit B, until thereafter amended in accordance with applicable lawApplicable Law.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Harris Interactive Inc)
Bylaws. The At the Effective Time, the bylaws of the Company in effect at the Effective Time shall be the bylaws of the Surviving Corporation Corporation, until the same shall thereafter be altered, amended or repealed in accordance with applicable lawthe VSCA, the articles of incorporation of the Surviving Corporation, or the bylaws of the Surviving Corporation.
Appears in 1 contract
Bylaws. The bylaws of the Company as in effect at the Effective Time shall be the bylaws of the Surviving Corporation until thereafter changed or amended in accordance with as provided therein or by applicable law.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Triangle Pacific Corp)
Bylaws. The bylaws of the Company as in effect at the Effective Time (the “Bylaws”) shall be the bylaws Bylaws of the Surviving Corporation until thereafter changed or amended in accordance with as provided therein and under applicable law.
Appears in 1 contract
Samples: Agreement and Plan of Merger (SFBC International Inc)
Bylaws. The bylaws of the Company Company, as in effect at the Effective Time Time, shall be the bylaws of the Surviving Corporation until thereafter amended in accordance with applicable law, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 1 contract
Bylaws. The bylaws of the Company in effect at the Effective Time shall be the bylaws of incorporation of the Surviving Corporation until further amended in accordance with applicable law.
Appears in 1 contract
Bylaws. The bylaws of the Company in effect at the Effective Time shall be the bylaws of the Surviving Corporation until amended in accordance with applicable lawLegal Requirements.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Comfort Systems Usa Inc)
Bylaws. The bylaws of the Company as in effect at immediately prior to the Effective Time shall be the bylaws of the Surviving Corporation until amended in accordance with applicable law.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Euramax International Inc)
Bylaws. The bylaws of the Company Surviving Corporation in effect at the Effective Time shall be the bylaws of the Surviving Corporation until amended in accordance with applicable law.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Comcast Cable Communications Inc)
Bylaws. The bylaws of the Company in effect at the Effective Time shall be the bylaws of the Surviving Corporation until amended in accordance with applicable law. SECTION 2.03.
Appears in 1 contract
Bylaws. The bylaws of the Company as in effect at as of the Effective Time date hereof shall be the bylaws of the Surviving Corporation until amended in accordance with applicable lawApplicable Law. Section 3.03.
Appears in 1 contract
Bylaws. The At the Effective Time, the bylaws of the Company shall be amended and restated to conform to the bylaws of Acquisition as in effect at immediately prior to the Effective Time Time; and such bylaws shall be the bylaws of the Surviving Corporation until amended in accordance with applicable lawCorporation.
Appears in 1 contract
Bylaws. The bylaws of the Company in effect at the Reorganization Effective Time shall be the bylaws of the Surviving Corporation Company, unless and until amended in accordance with applicable law.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Pedevco Corp)
Bylaws. The bylaws of the Company in effect at the Effective ------ Time shall be the bylaws of the Surviving Corporation until amended in accordance with applicable law.
Appears in 1 contract
Bylaws. The bylaws of the Company in effect at the Effective Time ------ shall be the bylaws of the Surviving Corporation (the "Bylaws"), until ------ thereafter amended as provided therein or by applicable Law, subject to the restrictions contained in accordance with applicable lawSection 6.10(d).
Appears in 1 contract
Samples: Agreement and Plan of Merger (Ratos Acquisition Corp)
Bylaws. The bylaws of the Company as in effect at immediately prior to the Effective Time shall be the bylaws of the Surviving Corporation Corporation, until thereafter changed or amended in accordance with as provided therein or by applicable law.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Manugistics Group Inc)
Bylaws. The bylaws of the Company as in effect at immediately prior to the Effective Time shall be the bylaws of the Surviving Corporation until amended in accordance with the provisions thereof and applicable lawLaw.
Appears in 1 contract
Samples: Agreement and Plan of Merger (ModusLink Global Solutions Inc)
Bylaws. The bylaws of the Company in effect at the ------ Effective Time shall be the bylaws of the Surviving Corporation until amended in accordance with applicable law., except that Section 2 of Article III of the bylaws of the Surviving Corporation shall be amended and restated to read as follows:
Appears in 1 contract
Samples: Agreement and Plan of Merger (American Recreation Centers Inc)
Bylaws. The bylaws of the Company Company’s bylaws, as in effect at the Effective Time Time, shall be the bylaws of the Surviving Corporation until altered, amended in accordance with applicable lawor repealed as provided therein or bylaw.
Appears in 1 contract
Bylaws. The bylaws of the Company in effect at the Effective Time (which shall be in the form of Exhibit F) shall be the bylaws of the Surviving Corporation until amended in accordance with applicable law.
Appears in 1 contract
Bylaws. The bylaws of the Company in effect shall, at the Effective Time shall and without any further action on the part of any party hereto, be the bylaws of the Surviving Corporation (the “Surviving Bylaws”), until amended as provided in accordance with the Surviving Charter and the Surviving Bylaws and by applicable lawLaw.
Appears in 1 contract
