Inconsistent Provisions. In the event that any provision of these by-laws is or becomes inconsistent with any provision of the corporation’s certificate of incorporation, the General Corporation Law of the State of Delaware or any other applicable law, the provision of these by-laws shall not be given any effect to the extent of such inconsistency but shall otherwise be given full force and effect.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Citrix Systems Inc), Agreement and Plan of Merger (Mam Software Group, Inc.), Agreement and Plan of Merger (Geeknet, Inc)
Inconsistent Provisions. In the event that any provision of these byBy-laws is or becomes inconsistent with any provision of the corporation’s certificate Certificate of incorporationIncorporation, the Delaware General Corporation Law of the State of Delaware or any other applicable law, the provision of these byBy-laws shall not be given any effect to the extent of such inconsistency but shall otherwise be given full force and effect.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Mykrolis Corp), Agreement and Plan of Merger (Entegris Inc), Agreement and Plan of Merger (Mykrolis Corp)
Inconsistent Provisions. In the event that any provision of these by-laws is or becomes inconsistent with any provision of the corporation’s certificate of incorporation, the General Corporation Law of the State of Delaware or any other applicable law, the provision of these by-laws shall not be given any effect to the extent of such inconsistency but shall otherwise be given full force and effect.
Appears in 3 contracts
Samples: Business Combination Agreement (Decarbonization Plus Acquisition Corp II), Plan and Agreement (Gundle SLT Environmental Inc), Agreement and Plan of Merger (Kellwood Co)
Inconsistent Provisions. In the event that any provision of these by-laws Bylaws is or becomes inconsistent with any provision of the corporation’s certificate Certificate of incorporationIncorporation, the General Corporation Law of the State of Delaware or any other applicable law, the provision of these by-laws Bylaws shall not be given any effect to the extent of such inconsistency but shall otherwise be given full force and effect.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Turning Point Therapeutics, Inc.), Agreement and Plan of Merger (Alpha Natural Resources, Inc.), Agreement and Plan of Merger (Foundation Coal Holdings, Inc.)
Inconsistent Provisions. In the event that If any provision of these by-laws Amended and Restated Bylaws is or becomes inconsistent with any provision of the corporation’s certificate of incorporation, the Delaware General Corporation Law of the State of Delaware or any other applicable law, the provision of these by-laws Amended and Restated Bylaws shall not be given any effect to the extent of such inconsistency but shall otherwise be given full force and effect.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (TradeUP Acquisition Corp.), Escrow Agreement (Forum Merger II Corp)
Inconsistent Provisions. In the event that any provision of these by-laws bylaws is or becomes inconsistent with any provision of the corporation’s certificate Certificate of incorporationIncorporation, the General Corporation Law of the State of Delaware or any other applicable law, the provision of these by-laws bylaws shall not be given any effect to the extent of such inconsistency but shall otherwise be given full force and effect.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (EQT Corp), Agreement and Plan of Merger (Equitrans Midstream Corp)
Inconsistent Provisions. In the event that any provision of these by-laws is or becomes inconsistent with any provision of the corporation’s certificate of incorporation, the General Corporation Law of the State of Delaware or any other applicable law, the such provision of these by-laws shall not be given any effect to the extent of such inconsistency but shall otherwise be given full force and effect.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Comforce Corp), Agreement and Plan of Merger (Capital Gold Corp)
Inconsistent Provisions. In the event that any provision of these by-laws bylaws is or becomes inconsistent with any provision of the corporationCorporation’s certificate of incorporation, the General Corporation Law of the State of Delaware or any other applicable law, law the provision provisions of these by-laws bylaws shall not be given any effect to the extent of such inconsistency but shall otherwise be given full force and effect.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Option Care Health, Inc.), Agreement and Plan of Merger (Amedisys Inc)
Inconsistent Provisions. In the event that any provision of these by-laws bylaws is or becomes inconsistent with any provision of the corporation’s certificate of incorporation, the General Corporation Law of the State of Delaware or any other applicable law, the provision of these by-laws bylaws shall not be given any effect to the extent of such inconsistency but shall otherwise be given full force and effect.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (BankFinancial CORP), Agreement of Merger And (Windy Creek Developments, Inc.)
Inconsistent Provisions. In the event that any provision of these by-laws is or becomes inconsistent with any provision of the corporation’s certificate of incorporation, the General General’ Corporation Law of the State of Delaware or any other applicable law, the provision of these by-laws shall not be given any effect to the extent of such inconsistency but shall otherwise be given full force and effect.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Xpedx Holding Co), Agreement and Plan of Merger (Xpedx Holding Co)
Inconsistent Provisions. In the event that any provision of these by-laws is or becomes inconsistent with any provision of the corporation’s certificate Certificate of incorporationIncorporation, the General Corporation Law of the State of Delaware or any other applicable law, the provision of these by-laws shall not be given any effect to the extent of such inconsistency but shall otherwise be given full force and effect.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Lions Gate Entertainment Corp /Cn/)
Inconsistent Provisions. In the event that any provision of these byBy-laws is or becomes inconsistent with any provision of the corporation’s certificate Amended and Restated Certificate of incorporationIncorporation, the Delaware General Corporation Law of Law, the State of Delaware Exchange Act or any regulation thereunder, or any other applicable lawlaw or regulation, the provision of these byBy-laws shall not be given any effect to the extent of such inconsistency but shall otherwise be given full force and effect.
Appears in 1 contract
Inconsistent Provisions. In the event that any provision of these restated by-laws is or becomes inconsistent with any provision of the corporation’s certificate of incorporation, the General Corporation Law of the State of Delaware or any other applicable law, the provision of these restated by-laws shall not be given any effect to the extent of such inconsistency but shall otherwise be given full force and effect.
Appears in 1 contract
Inconsistent Provisions. In the event that any provision of these by-laws is or becomes inconsistent with any provision of the corporation’s certificate of incorporation, the Stockholders Agreement by and among the Corporation and its stockholders, as in effect from time to time, the General Corporation Law of the State of Delaware or any other applicable law, the provision provisions of these by-laws shall not be given any effect to the extent of such inconsistency but shall otherwise be given full force and effectinconsistency.
Appears in 1 contract
Inconsistent Provisions. In the event that any provision of these byBy-laws is or becomes inconsistent with any provision of the corporation’s certificate Certificate of incorporationIncorporation, the Delaware General Corporation Law of the State of Delaware or any other applicable law, the provision of these byBy-laws shall not be given any effect to the extent of such inconsistency but shall otherwise be given full force and effect.. – INDEMNIFICATION
Appears in 1 contract
