Common use of Certificate of Incorporation; By-laws; Directors and Officers Clause in Contracts

Certificate of Incorporation; By-laws; Directors and Officers. (a) At and after the Effective Time, the Certificate of Incorporation of Merger Sub, as in effect immediately prior to the Effective Time, shall be the Certificate of Incorporation of the Surviving Corporation until thereafter amended in accordance with the provisions thereof and the DGCL, except that such Certificate of Incorporation shall be amended to provide that the name of the Surviving Corporation shall be that of the Company.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Wild Oats Markets Inc), Agreement and Plan of Merger (Whole Foods Market Inc)

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Certificate of Incorporation; By-laws; Directors and Officers. (a) At and after the Effective Time, the Certificate certificate of Incorporation incorporation of Merger Sub, as in effect immediately prior to the Effective Time, shall be the Certificate certificate of Incorporation incorporation of the Surviving Corporation Corporation, until thereafter changed or amended in accordance with the provisions thereof and the DGCL, except that such Certificate of Incorporation shall be amended to provide that the name of the Surviving Corporation shall be that of the Companyas provided therein or by applicable Law.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Mediware Information Systems Inc)

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Certificate of Incorporation; By-laws; Directors and Officers. (a) At and after the Effective Time, the The Certificate of Incorporation of Merger Sub, Sub as in effect immediately prior to before the Effective Time, Time shall be the Certificate of Incorporation of the Surviving Corporation until thereafter amended in accordance with as provided by all applicable Laws and such Certificate of Incorporation; provided, that the provisions thereof and the DGCL, except that Merger Filing shall amend such Certificate of Incorporation shall be amended to provide such that the name of the Surviving Corporation shall be that of the Company.“Strategic Distribution, Inc.”

Appears in 1 contract

Samples: Agreement and Plan of Merger (Strategic Distribution Inc)

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