Common use of Certificate of Incorporation and By-laws of the Surviving Corporation Clause in Contracts

Certificate of Incorporation and By-laws of the Surviving Corporation. The certificate of incorporation of the Surviving Corporation shall be amended and restated to read as set forth in EXHIBIT A attached hereto and as so amended shall be the certificate of incorporation of the Surviving Corporation until thereafter amended or restated as provided therein or by applicable law. The by-laws of Merger Sub in effect immediately prior to the Effective Time shall be the by-laws of the Surviving Corporation until thereafter amended or restated as provided therein or by applicable law.

Appears in 2 contracts

Sources: Merger Agreement (Front Porch Digital Inc), Merger Agreement (Front Porch Digital Inc)

Certificate of Incorporation and By-laws of the Surviving Corporation. The certificate of incorporation of the Surviving Corporation Company, as in effect immediately prior to the Effective Time, shall at the Effective Time be amended and restated in full to read as set forth in EXHIBIT A attached hereto Exhibit C and as so amended and restated shall be the certificate of incorporation of the Surviving Corporation Corporation, until thereafter amended or restated as provided therein or by applicable lawLaw and such certificate of incorporation. The by-laws of Merger Sub Sub, as in effect immediately prior to the Effective Time Time, shall be the by-laws of the Surviving Corporation until thereafter amended or restated as provided therein or by applicable lawLaw, the certificate of incorporation of the Surviving Corporation and such by-laws.

Appears in 1 contract

Sources: Merger Agreement (Presidential Life Corp)

Certificate of Incorporation and By-laws of the Surviving Corporation. The At and after the Effective Time, the certificate of incorporation and bylaws of the Surviving Corporation shall be amended and restated to read in their entirety the same as set forth in EXHIBIT A attached hereto and as so amended shall be the certificate of incorporation and bylaws of the Surviving Corporation until thereafter amended or restated Merger Sub, each as provided therein or by applicable law. The by-laws of Merger Sub in effect immediately prior to the Effective Time shall be Time, except that the by-laws name of the Surviving Corporation shall be Cordant Holdings Corporation, and the certificate of incorporation and bylaws, as so amended, shall be the certificate of incorporation and bylaws, respectively, of the Surviving Corporation, until thereafter amended or restated as provided therein or by applicable law.

Appears in 1 contract

Sources: Merger Agreement (Tracor Inc /De)