Organizational Documents of the Surviving Corporation. At the Effective Time: (a) 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 in accordance with the DGCL and such certificate of incorporation; and (b) the bylaws of Merger Sub as in effect immediately prior to the Effective Time shall be the bylaws of the Surviving Corporation until thereafter amended in accordance with the DGCL and such bylaws.
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Samples: Agreement and Plan of Merger (Enerflex Ltd.), Agreement and Plan of Merger (Exterran Corp)
Organizational Documents of the Surviving Corporation. At the Effective Time: (a) , the certificate of incorporation and bylaws of Merger Sub Sub, as in effect immediately prior to the Effective Time Time, shall be the certificate of incorporation and bylaws of the Surviving Corporation Corporation, until thereafter amended in accordance with applicable Law and the DGCL and applicable provisions of such certificate of incorporation; incorporation and (b) the bylaws of Merger Sub as in effect immediately prior to the Effective Time shall be the bylaws of the Surviving Corporation until thereafter amended in accordance with the DGCL and such bylaws.
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Samples: Agreement and Plan of Merger (Analog Devices Inc), Agreement and Plan of Merger (Linear Technology Corp /Ca/)
Organizational Documents of the Surviving Corporation. At and following the Effective Time: , (a) the certificate of incorporation of Merger Sub as the Company in effect immediately prior to the Effective Time shall be remain the certificate of incorporation of the Surviving Corporation until thereafter amended in accordance with the DGCL and such certificate of incorporation; and (b) the bylaws of Merger Sub as the Company in effect immediately prior to the Effective Time shall be remain the bylaws of the Surviving Corporation Corporation, in each case, until thereafter amended in accordance with the DGCL and such bylaws(subject to Section 6.10(b)) as provided therein or as provided by applicable Law.
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Organizational Documents of the Surviving Corporation. (a) At the Effective Time: (a) , the certificate of incorporation of Merger Sub as the Company in effect immediately prior to the Effective Time shall be amended and restated in its entirety as set forth in Annex A to the Certificate of Merger, and as so amended shall be the certificate of incorporation of the Surviving Corporation Corporation, until thereafter duly amended in accordance with the DGCL and such certificate of incorporation; and (b) the bylaws of Merger Sub as in effect immediately prior to the Effective Time shall be the bylaws of the Surviving Corporation until thereafter amended in accordance with the DGCL and such bylawsapplicable law.
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Samples: Agreement and Plan of Merger (Boot Barn Holdings, Inc.)
Organizational Documents of the Surviving Corporation. At the Effective Time: (a) , the certificate of incorporation of Merger Sub Sub, as in effect immediately prior to the Effective Time Time, shall be become the certificate of incorporation of the Surviving Corporation Corporation, and the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, shall become the bylaws of the Surviving Corporation, in each case (a) except that references to Merger Sub’s name shall be replaced with references to the Surviving Corporation’s name, and (b) until thereafter amended in accordance with the DGCL and as provided in such certificate of incorporation; and (b) the bylaws of Merger Sub incorporation or bylaws, as in effect immediately prior to the Effective Time shall be the bylaws of the Surviving Corporation until thereafter amended in accordance with the DGCL and such bylawsapplicable.
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