Certificate of Incorporation of the Surviving Corporation. At the Effective Time, by virtue of the Merger and without any action on the part of Merger Sub or the Company, the Certificate of Incorporation of the Company, as in effect immediately prior to the Effective Time, shall be the certificate of incorporation of the Surviving Corporation until thereafter changed or amended in accordance with the DGCL, except that in accordance with Section 251(g) of the DGCL, from and after the Effective Time:
Appears in 5 contracts
Samples: Distribution Agreement (New Laser Corp), Transaction Agreement (Monster Beverage Corp), Distribution Agreement (New Laser Corp)
Certificate of Incorporation of the Surviving Corporation. At and after the Effective Time, by virtue of the Merger and without any action on the part of Merger Sub or the Company, the Certificate of Incorporation of Merger Sub (the Company“Merger Sub Charter”), as in effect immediately prior to the Effective Time, subject to the provisions of Section 6.10, shall be the certificate Certificate of incorporation Incorporation of the Surviving Corporation Corporation, until thereafter changed or amended in accordance with the DGCL, except that in accordance with Section 251(g) the name of the DGCL, from and after the Effective Time:Surviving Corporation shall be “IntraLase Corp.”
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Advanced Medical Optics Inc), Agreement and Plan of Merger (Intralase Corp)
Certificate of Incorporation of the Surviving Corporation. At and after the Effective Time, by virtue of the Merger and without any action on the part of Merger Sub or the Company, the Certificate of Incorporation of the CompanyMerger Sub, as in effect immediately prior to the Effective Time, Time shall be the certificate Certificate of incorporation Incorporation of the Surviving Corporation Corporation, until thereafter changed or amended in accordance with the DGCL, except that in accordance with Section 251(g) the name of the DGCLSurviving Corporation shall be "GT Equipment Technologies, from and after the Effective Time:Inc."
Appears in 1 contract
Samples: Agreement and Plan of Merger (GT Solar International, Inc.)
Certificate of Incorporation of the Surviving Corporation. At and after the Effective Time, by virtue of the Merger and without any action on the part of Merger Sub or the Company, the Certificate of Incorporation of the CompanyMerger Sub, as in effect immediately prior to the Effective TimeTime and with provisions to be mutually agreed upon by the parties, shall be the certificate Certificate of incorporation Incorporation of the Surviving Corporation Corporation, until thereafter changed or amended in accordance with the DGCL, except that in accordance with Section 251(g) . The name of the DGCL, from and after Surviving Corporation shall be mutually agreed upon by the Effective Time:parties in writing prior to the Closing.
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