Common use of Certificate of Incorporation; Bylaws Clause in Contracts

Certificate of Incorporation; Bylaws. (a) At 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 as provided by law and such Certificate of Incorporation of the Surviving Corporation; provided, however, that at the Effective Time the Certificate of Incorporation of the Surviving Corporation shall be amended so that the name of the Surviving Corporation shall be "Network General Corporation."

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Network Associates Inc)

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Certificate of Incorporation; Bylaws. (a) At 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 as provided by law and such Certificate of Incorporation of the Surviving Corporationlaw; provided, however, that at the Effective Time Article I of the Certificate of Incorporation of the Surviving Corporation shall be amended so that the to read: "The name of the Surviving Corporation shall be corporation is "Network General Sequoia Software Corporation"."

Appears in 1 contract

Samples: Agreement and Plan of Merger (Citrix Systems Inc)

Certificate of Incorporation; Bylaws. (a) At 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 as provided by law and such Certificate of Incorporation of the Surviving Corporation; provided, however, that at the Effective Time the Certificate of Incorporation of the Surviving Corporation shall be amended so that the name of the Surviving Corporation shall be "Network General CorporationAndoxxx.Xxx".

Appears in 1 contract

Samples: Agreement and Plan (Va Linux Systems Inc)

Certificate of Incorporation; Bylaws. (a) At The Certificate of Merger shall provide that, at 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 as provided by law and such Certificate of Incorporation of the Surviving Corporation; provided, however, that at the Effective Time the Certificate of Incorporation of the Surviving Corporation shall be amended so in the form of the Certificate of Incorporation of Merger Sub as in effect immediately prior to the Effective Time; provided, however, that as of the name Effective Time, Article I of the Certificate of Incorporation of the Surviving Corporation shall be "Network General Corporation."read: “The name of the corporation is NEON Systems, Inc.”

Appears in 1 contract

Samples: Agreement and Plan of Merger (Neon Systems Inc)

Certificate of Incorporation; Bylaws. (a) a)......At 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 as provided by law and such Certificate of Incorporation of the Surviving Corporation; provided, however, that at the Effective Time the Certificate of Incorporation of the Surviving Corporation shall be amended so that the name of the Surviving Corporation shall be "Network General Corporation[Company]."

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Andover Net Inc)

Certificate of Incorporation; Bylaws. (a) At 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 as provided by law and such Certificate of Incorporation of the Surviving Corporation; provided, however, that at the Effective Time the -------- ------- Certificate of Incorporation of the Surviving Corporation shall be amended so that the name of the Surviving Corporation shall be "Network General Corporation."

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (McAfee Associates Inc)

Certificate of Incorporation; Bylaws. (a) At 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 as provided by law and such Certificate of Incorporation of the Surviving Corporation; provided, provided however, that at the Effective Time Article I of the Certificate of Incorporation of the Surviving Corporation shall be amended so that the to read: "The name of the Surviving Corporation shall be corporation is Xylo, Inc."Network General Corporation."

Appears in 1 contract

Samples: Merger Agreement (Workstream Inc)

Certificate of Incorporation; Bylaws. (a) At 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 as provided by law and such Certificate of Incorporation of the Surviving CorporationIncorporation; provided, however, that that, at the Effective Time Time, the Certificate of Incorporation of the Surviving Corporation shall be amended so that the name of the Surviving Corporation shall be "Network General Corporation.Renaissance Multimedia, Inc."

Appears in 1 contract

Samples: Agreement and Plan of Merger (Vizacom Inc)

Certificate of Incorporation; Bylaws. (a) At the Effective Time, the Certificate of Incorporation of Merger Sub, as in effect immediately prior to the Effective Time, Sub shall be the Certificate of Incorporation of the Surviving Corporation until thereafter amended as provided by law and such Certificate of Incorporation of the Surviving Corporation; provided, however, except that at the Effective Time the Certificate of Incorporation of the Surviving Corporation it shall be amended so to provide that the name of the Surviving Corporation shall be "Network General Corporationthe Company name, or such other name as may be determined by Parent and/or Merger Sub, until thereafter amended in accordance with Delaware Law and such Certificate of Incorporation."

Appears in 1 contract

Samples: Agreement and Plan of Merger (Clearone Communications Inc)

Certificate of Incorporation; Bylaws. (a) At 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 as provided by law and such Certificate of Incorporation of the Surviving Corporation; provided, however, that at the Effective Time the Certificate of Incorporation of the Surviving Corporation shall be amended so that the name of the Surviving Corporation shall be "Network General Corporation[COMPANY]"."

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Va Linux Systems Inc)

Certificate of Incorporation; Bylaws. (a) At 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 as provided by law and such Certificate of Incorporation of the Surviving Corporation; provided, however, that at the Effective Time the Certificate of Incorporation of the Surviving Corporation shall be amended so that the name of the Surviving Corporation shall be "Network General Corporation.Trusted Information Systems, Inc."

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Trusted Information Systems Inc)

Certificate of Incorporation; Bylaws. (a) At the Effective Time, the Certificate of Incorporation of Merger Sub, in the form attached hereto as Exhibit C, as in effect immediately prior to the Effective Time, shall be the Certificate of Incorporation of the Surviving Corporation until thereafter amended as provided by law and such Certificate of Incorporation of the Surviving CorporationIncorporation; provided, however, that at the Effective Time the Certificate of Incorporation of the Surviving Corporation shall be amended so that the name of the Surviving Corporation shall be "Network General Corporation."Hydrocarbon Technologies, Inc.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Headwaters Inc)

Certificate of Incorporation; Bylaws. (a) At 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 as provided by law and such Certificate of Incorporation of the Surviving Corporation; provided, however, that at the Effective Time the Certificate of Incorporation of the Surviving Corporation shall be amended so that the name of the Surviving Corporation shall be "Network General Corporation.Flowpoint, Corp."

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Efficient Networks Inc)

Certificate of Incorporation; Bylaws. (a) At the Effective Time, the Certificate certificate of Incorporation incorporation of Merger Sub, as in effect immediately prior to Sub shall become the Effective Time, shall be the Certificate certificate of Incorporation of the Surviving Corporation until thereafter amended as provided by law and such Certificate of Incorporation incorporation of the Surviving Corporation; provided, however, that at the Effective Time the Certificate of Incorporation of the Surviving Corporation shall be amended so except that the name of the Surviving Corporation shall be "Network General Corporationthat of the Company, until thereafter amended in accordance with its terms and as provided by Law."

Appears in 1 contract

Samples: Merger Agreement (Newborn Acquisition Corp)

Certificate of Incorporation; Bylaws. (a) At 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 as provided by law and such Certificate of Incorporation of the Surviving Corporation; provided, provided however, that at the Effective Time Article I of the Certificate of Incorporation of the Surviving Corporation shall be amended so that the to read: "The name of the Surviving Corporation shall be corporation is RezLogic, Inc."Network General Corporation."

Appears in 1 contract

Samples: Merger Agreement (E Cruiter Com Inc)

Certificate of Incorporation; Bylaws. (a) At the Effective Time, the Certificate of Incorporation of Merger Sub, as in effect immediately prior to the Effective Timedate of this Agreement, shall be the Certificate of Incorporation of the Surviving Corporation until thereafter amended as provided by law and such Certificate of Incorporation of the Surviving CorporationIncorporation; provided, however, that at the Effective Time Article I of the Certificate of Incorporation of the Surviving Corporation shall be amended so that the to read as follows: "The name of the Surviving Corporation shall be corporation is Theatrix Interactive, Incorporated"Network General Corporation."

Appears in 1 contract

Samples: Employment Continuation Agreement (Sanctuary Woods Multimedia Corp)

Certificate of Incorporation; Bylaws. (a) At 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 as provided by law and such Certificate of Incorporation of the Surviving Corporation; provided, however, that at the Effective Time Article I of the Certificate of Incorporation of the Surviving Corporation shall be amended so that the to read: "The name of the Surviving Corporation shall be corporation is `Web Street, Inc.'"Network General Corporation."

Appears in 1 contract

Samples: Agreement and Plan of Merger (E Trade Group Inc)

Certificate of Incorporation; Bylaws. (a) At the Effective Time, the Certificate of Incorporation of Merger Sub, Sub as in effect immediately prior on the date hereof and subject to the Effective Timefollowing proviso, shall be the Certificate of Incorporation of the Surviving Corporation until thereafter amended as provided by law and such Certificate of Incorporation of the Surviving Corporation; provided, however, that at the Effective Time the Certificate of Incorporation of the Surviving Corporation shall be amended so that the name of the Surviving Corporation shall be "Network General CorporationCambridge Technology Partners, Inc."."

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Novell Inc)

Certificate of Incorporation; Bylaws. (a) At 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 as provided by law and such Certificate of Incorporation of the Surviving CorporationIncorporation; provided, however, that that, at the Effective Time Time, the Certificate of Incorporation of the Surviving Corporation shall be amended so that the name of the Surviving Corporation shall be "Network General Corporation.SpaceLogix, Inc."

Appears in 1 contract

Samples: Agreement and Plan of Merger (Vizacom Inc)

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Certificate of Incorporation; Bylaws. (a) At The Certificate of Merger shall provide that, at 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 as provided by law and such Certificate of Incorporation of the Surviving Corporation; provided, however, that at the Effective Time the Certificate of Incorporation of the Surviving Corporation shall be amended so in substantially the form of the Certificate of Incorporation of the Merger Sub as in effect immediately prior to the Effective Time; provided, however, that as of the name Effective Time, Article I of the Certificate of Incorporation of the Surviving Corporation shall be read: "Network General CorporationThe name of the corporation is "Allaxxx Xxxporation."

Appears in 1 contract

Samples: Agreement and Plan of Merger (Macromedia Inc)

Certificate of Incorporation; Bylaws. (a) At 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 as provided by law and such Certificate of Incorporation of the Surviving Corporation; provided, however, that at the Effective Time Article I of the Certificate of Incorporation of the Surviving Corporation shall be amended so that the to read: "The name of the Surviving Corporation shall be corporation is `OnDisplay, Inc.'"Network General Corporation."

Appears in 1 contract

Samples: Agreement and Plan of Merger (Vignette Corp)

Certificate of Incorporation; Bylaws. (a) At The Certificate of Merger shall provide that, at 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 as provided by law and such Certificate of Incorporation of the Surviving Corporation; provided, however, that at the Effective Time the Certificate of Incorporation of the Surviving Corporation shall be amended so in the form of the Certificate of Incorporation of Merger Sub as in effect immediately prior to the Effective Time; provided, however, that as of the name Effective Time, Article I of the Certificate of Incorporation of the Surviving Corporation shall be "Network General Corporation."read: “The name of the corporation is Apama, Inc.”

Appears in 1 contract

Samples: Agreement and Plan of Merger (Progress Software Corp /Ma)

Certificate of Incorporation; Bylaws. (a) At The Certificate of Merger shall provide that, at 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 as provided by law and such Certificate of Incorporation of the Surviving Corporation; provided, however, that at the Effective Time the Certificate of Incorporation of the Surviving Corporation shall be amended so in the form of the Certificate of Incorporation of the Merger Sub as in effect immediately prior to the Effective Time; provided, however, that as of the name Effective Time, Article I of the Certificate of Incorporation of the Surviving Corporation shall be "Network General Corporation."read: “The name of the corporation is Persistence Software, Inc.”

Appears in 1 contract

Samples: Agreement and Plan of Merger (Progress Software Corp /Ma)

Certificate of Incorporation; Bylaws. (a) At 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 as provided by law and such Certificate of Incorporation of the Surviving CorporationIncorporation; provided, -------- however, that at the Effective Time the Certificate of Incorporation of the ------- Surviving Corporation shall be amended so that the name of the Surviving Corporation shall be "Network General East Corporation."

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Softdesk Inc)

Certificate of Incorporation; Bylaws. (a) At 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 as provided by law and such Certificate of Incorporation of the Surviving Corporation; provided, however, that at the Effective Time the Certificate of Incorporation of the Surviving Corporation shall be amended so that the name of the Surviving Corporation shall be "Network General Corporation.Objective Systems Integrators, Inc."

Appears in 1 contract

Samples: Agreement and Plan of Merger (Objective Systems Integrators Inc)

Certificate of Incorporation; Bylaws. (a) At 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 as provided by law and such Certificate of Incorporation of the Surviving CorporationIncorporation; provided, however, that that, at the Effective Time Time, the Certificate of Incorporation of the Surviving Corporation shall be amended so that the name of the Surviving Corporation shall be "Network General Corporation.PWR Systems, Inc."

Appears in 1 contract

Samples: Agreement and Plan of Merger (Vizacom Inc)

Certificate of Incorporation; Bylaws. (a) At 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 as provided by law and such Certificate of Incorporation of the Surviving Corporation; provided, however, that at the Effective Time the -------- ------- Certificate of Incorporation of the Surviving Corporation shall be amended so that the name of the Surviving Corporation shall be "Network General Corporation.Spyglass, Inc."

Appears in 1 contract

Samples: Agreement and Plan of Merger (Opentv Corp)

Certificate of Incorporation; Bylaws. (a) At 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 as provided by law and such Certificate of Incorporation of the Surviving Corporation; providedPROVIDED, howeverHOWEVER, that at the Effective Time Article I of the Certificate of Incorporation of the Surviving Corporation shall be amended so that the to read: "The name of the Surviving Corporation shall be "Network General Corporationcorporation is GeoCities."

Appears in 1 contract

Samples: Agreement and Plan of Merger (Yahoo Inc)

Certificate of Incorporation; Bylaws. (a) At 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 as provided by law and such Certificate of Incorporation of the Surviving Corporation; provided, however, that at the Effective Time the Certificate of Incorporation of the Surviving Corporation shall be amended so that the name of the Surviving Corporation shall be "Network General DataWorks Corporation"."

Appears in 1 contract

Samples: Merger Agreement (Platinum Software Corp)

Certificate of Incorporation; Bylaws. (a) At 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 as provided by law and such Certificate of Incorporation of the Surviving Corporation; provided, however, that at the Effective Time the Certificate of Incorporation of the Surviving Corporation shall be amended so that the name of the Surviving Corporation shall be "Network General Corporation.Spyglass, Inc."

Appears in 1 contract

Samples: Agreement and Plan of Merger (Spyglass Inc)

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