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 9 contracts
Samples: Agreement and Plan of Merger (Instructure Inc), Agreement and Plan of Merger (Blue Nile Inc), Agreement and Plan of Merger (STAMPS.COM 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
Samples: Merger Agreement (Coherent Inc), Merger Agreement (Rofin Sinar Technologies Inc), Merger Agreement (Riverbed Technology, 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
Samples: Agreement and Plan of Merger (Zymergen Inc.), Agreement and Plan of Merger (Ginkgo Bioworks Holdings, Inc.), Agreement and Plan of Merger (Haynes International 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 5 contracts
Samples: Agreement and Plan of Merger (Civitas Solutions, Inc.), Agreement and Plan of Merger (Cvent Holding Corp.), Agreement and Plan of Merger (Del Frisco's Restaurant Group, 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 4 contracts
Samples: Agreement and Plan of Merger (Datto Holding Corp.), Agreement and Plan of Merger (CVS HEALTH Corp), Agreement and Plan of Merger (Datto Holding 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 DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Forescout Technologies, Inc), Agreement and Plan of Merger (Forescout Technologies, Inc), Agreement and Plan of Merger (Medallia, 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
Samples: Agreement and Plan of Merger (O Charleys Inc), Agreement and Plan of Merger (Fidelity National Financial, Inc.), Agreement and Plan of Merger (Fidelity National Financial, Inc.)
Bylaws. At the Merger Effective Time, subject to the provisions of Section 6.10(a)6.07, the bylaws of Merger Sub, the Company as in effect immediately prior to amended and restated at the Charter Effective Time, will become Time shall remain 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 6.07).
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Brookfield Property Partners L.P.), Agreement and Plan of Merger (Brookfield Asset Management Inc.), Agreement and Plan of Merger (GGP 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 DGCLTBOC, the certificate articles of incorporation of the Surviving Corporation and such bylaws.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Zix Corp), Agreement and Plan of Merger (True Wind Capital, L.P.), Agreement and Plan of Merger (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
Samples: Agreement and Plan of Merger (Tessco Technologies Inc), Agreement and Plan of Merger (Cloudera, Inc.), Agreement and Plan of Merger (RealPage, 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
Samples: Agreement and Plan of Merger (Education Lending Group Inc), Agreement and Plan of Merger (Cit Group 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
Samples: Agreement and Plan of Merger (Wellpoint, Inc), Agreement and Plan of Merger (Amerigroup 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 as provided by the DGCL, the certificate of incorporation of the Surviving Corporation and or such bylaws.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Vmware, Inc.), Agreement and Plan of Merger (Carbon Black, 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
Samples: Agreement and Plan of Merger (Xcerra Corp), Agreement and Plan of Merger (Cohu Inc)
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
Samples: Agreement and Plan of Merger (Walgreens Boots Alliance, Inc.), Agreement and Plan of Merger (Rite Aid 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 “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
Samples: Agreement and Plan of Merger (Everbridge, Inc.), Agreement and Plan of Merger (Everbridge, Inc.)
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
Samples: Agreement and Plan of Merger (Sandisk Corp), Agreement and Plan of Merger (Fusion-Io, 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
Samples: Agreement and Plan of Merger (Linkedin Corp), Agreement and Plan of Merger
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
Samples: Agreement and Plan of Merger (Exar Corp), Agreement and Plan of Merger (Maxlinear 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
Samples: Agreement and Plan of Merger (Cigna Corp), Agreement and Plan of Merger (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
Samples: Agreement and Plan of Merger (Lightspan Inc), Agreement and Plan of Merger (Plato Learning 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
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.
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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
Samples: Agreement and Plan of Merger (Lattice Semiconductor 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 “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
Samples: Agreement and Plan of Merger (Momentive 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 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.
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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.
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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 automatically be 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 6.6(a)).
Appears in 1 contract
Samples: Agreement and Plan of Merger (Darden Restaurants Inc)
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.
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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.
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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
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
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
Samples: Agreement and Plan of Merger (Omnicomm Systems Inc)
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a6.8(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.
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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
Bylaws. 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 of incorporation Charter of the Surviving Corporation and such bylawsBylaws.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Sumtotal Systems 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
Samples: Agreement and Plan of Merger (Champps Entertainment 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
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a6.1(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.
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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
Samples: Agreement and Plan of Merger (Medidata Solutions, 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.
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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.. 2.6
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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.
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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
Samples: Agreement and Plan of Merger (Castlight Health, 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 “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.
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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.
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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
Samples: Agreement and Plan of Merger
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
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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
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
