Common use of Surviving Entity Clause in Contracts

Surviving Entity. At the Second Effective Time, the initial managers and officers of the Surviving Entity shall be the directors and officers, respectively, of the Interim Surviving Corporation immediately prior to the Second Effective Time, each to hold the office until their respective successors are duly elected or appointed and qualified or until their earlier death, resignation, or removal in accordance with the operating agreement of the Surviving Entity.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Bendele Phillip), Agreement and Plan of Merger (Inotiv, Inc.), Agreement and Plan of Merger (Inotiv, Inc.)

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Surviving Entity. At the Second Effective Time, the initial managers and officers of the Surviving Entity shall be the directors and officers, respectively, of the Interim Surviving Corporation Entity immediately prior to the Second Effective TimeTime shall be the officers of the Surviving Entity and will hold office in accordance with the Organizational Documents until the earlier of their death, each to hold the office resignation or removal or until their respective successors are duly elected or appointed and qualified or until their earlier death, resignation, or removal in the manner provided in the Organizational Documents and otherwise in accordance with the operating agreement of the Surviving Entityapplicable Law.

Appears in 1 contract

Samples: Agreement and Plan of Merger (JetPay Corp)

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