Common use of FIFTH Clause in Contracts

FIFTH. The following provisions are inserted for the management of the business and the conduct of the affairs of the Corporation, and for further definition, limitation and regulation of the powers of the Corporation and of its directors and stockholders:

Appears in 21 contracts

Samples: Agreement and Plan of Merger (Kellanova), Agreement and Plan of Merger (Gilead Sciences, Inc.), Agreement and Plan of Merger (CymaBay Therapeutics, Inc.)

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FIFTH. The following provisions are inserted for the management of the business and for the conduct of the affairs of the Corporation, Corporation and for further definitionthe purpose of creating, limitation defining, limiting and regulation of regulating the powers of the Corporation and of its directors and stockholders:

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Nexstar Media Group, Inc.), Agreement and Plan of Merger (Tribune Media Co), Agreement and Plan of Merger (International Paper Co /New/)

FIFTH. The following provisions are inserted for the management of the business and the conduct of the affairs of the CorporationCompany, and for further definition, limitation and regulation of the powers of the Corporation Company and of its directors and stockholders:

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Lyondell Chemical Co), Agreement and Plan of Merger (Millennium Chemicals Inc)

FIFTH. The following provisions are inserted for the management of the business and business, for the conduct of the affairs of the Corporation, Corporation and for further definitionthe purpose of creating, limitation defining, limiting and regulation of regulating the powers of the Corporation and of its directors and stockholders:

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Amsurg Corp), Agreement and Plan of Merger (Envision Healthcare Holdings, Inc.)

FIFTH. The following provisions are inserted for the management of the business and the conduct of the affairs of the Corporation, and for further definition, limitation limitation, and regulation of the powers of the Corporation and of its directors and stockholders:

Appears in 1 contract

Samples: Purchase and Contribution Agreement (Skilled Healthcare Group, Inc.)

FIFTH. The following provisions are inserted for the management of the ----- business and the conduct of the affairs of the Corporation, and for further definition, limitation and regulation of the powers of the Corporation and of its directors and stockholders:

Appears in 1 contract

Samples: Agreement and Plan of Merger (Power Integrations Inc)

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FIFTH. The following provisions are inserted for the management of the business and for the conduct of the affairs of the Corporation, and for further definition, limitation and regulation of the powers of the Corporation and of its directors and stockholdersshareholders:

Appears in 1 contract

Samples: Agreement and Plan of Merger (CDW Corp)

FIFTH. The following provisions are inserted for the management of the business and the conduct of the affairs of the CorporationCompany, and for further creation, definition, limitation and regulation of the powers of the Corporation Company and of its directors directors, officers and stockholders:

Appears in 1 contract

Samples: Agreement and Plan of Merger (IVERIC Bio, Inc.)

FIFTH. The following provisions are inserted for the management of the business and the conduct of the affairs of the Corporation, and for further definition, limitation and regulation of the powers of the Corporation and of its directors and stockholders:.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Knight Transportation Inc)

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