Organizational Documents of the Surviving Company. (a) At the Effective Time, the certificate of formation of Merger Sub, as in effect immediately prior to the Effective Time, and subject to Section 5.8, shall be the certificate of formation of the Surviving Company until thereafter amended in accordance with the provisions thereof and applicable Law.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (PNK Entertainment, Inc.), Agreement and Plan of Merger (Pinnacle Entertainment Inc.), Agreement and Plan of Merger (Gaming & Leisure Properties, Inc.)
Organizational Documents of the Surviving Company. (a) At the Effective Time, the certificate of formation of Merger Sub, as in effect immediately prior to the Effective Time, and subject to Section 5.8, shall be the certificate of formation of the Surviving Company until thereafter amended in accordance with the provisions thereof and applicable Law.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Freeport McMoran Copper & Gold Inc), Agreement and Plan of Merger (Plains Exploration & Production Co)
Organizational Documents of the Surviving Company. (a) At the Effective TimeTime and subject to Section 5.9, the certificate of formation of Merger Sub, as in effect immediately prior to the Effective Time, and subject to Section 5.8, shall be the certificate of formation of the Surviving Company until thereafter amended in accordance with the provisions thereof and applicable Law, except that the name of the Surviving Company shall be Conversant LLC.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Alliance Data Systems Corp), Agreement and Plan of Merger (Conversant, Inc.)
Organizational Documents of the Surviving Company. (a) At the Effective TimeTime and subject to Section 5.9, the certificate of formation incorporation of Merger Sub, as in effect immediately prior to the Effective Time, and subject to Section 5.8, shall be the certificate of formation incorporation of the Surviving Company until thereafter amended in accordance with the provisions thereof and applicable Law, except that the name of the Surviving Company shall be FAMILY DOLLAR STORES, INC.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Dollar Tree Inc), Agreement and Plan of Merger (Family Dollar Stores Inc)
Organizational Documents of the Surviving Company. (a) At the Effective TimeTime and without any further action on the part of the Company or the Merger Sub, the certificate of formation of Merger Subthe Company, as in effect immediately prior to the Effective Time, and subject to Section 5.8, shall be the certificate of formation of the Surviving Company as of the Effective Time, until thereafter duly amended in accordance with the provisions thereof and applicable Law.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Auxilium Pharmaceuticals Inc)
Organizational Documents of the Surviving Company. (a) At the Effective Time, and without any further action on the part of the Company or Merger Sub, the certificate of formation of the Merger Sub, as Sub in effect immediately prior to the Effective Time, Time and subject to Section 5.8, attached hereto as Exhibit F shall be the certificate of formation of the Surviving Company until thereafter amended in accordance with the provisions thereof and as provided therein or by applicable Law.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Nexxus Lighting, Inc.)
