The Certificate of Incorporation. At the Effective Time, the certificate of incorporation of the Company as in effect immediately prior to the Effective Time shall be amended and restated in its entirety to read as set forth in Exhibit A (the “Charter”), until thereafter amended as provided therein or by applicable Law (subject to Section 6.12).
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Ak Steel Holding Corp), Agreement and Plan of Merger (Cleveland-Cliffs Inc.), Agreement and Plan of Merger (Cleveland-Cliffs Inc.)
The Certificate of Incorporation. At the Effective Time, the The certificate of incorporation of the Company as in effect immediately prior to the Effective Time shall be amended and restated in its entirety to read as set forth in Exhibit A 1 (the “Charter”), until thereafter amended as provided therein or by applicable Law (subject to Section 6.12)Law.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Tesoro Corp /New/), Agreement and Plan of Merger (Western Refining, Inc.)
The Certificate of Incorporation. At the Effective Time, the certificate of incorporation of the Company as in effect immediately prior to the Effective Time shall be amended and restated in its entirety as of the Effective Time to read as be in the form set forth in Exhibit A Annex B, and as so amended shall be the certificate of incorporation of the Surviving Corporation (the “Charter”), until thereafter amended duly amended, subject to Section 5.11, as provided therein or by applicable Law (subject to Section 6.12)Law.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Elevate Credit, Inc.), Agreement and Plan of Merger (Elevate Credit, Inc.)
The Certificate of Incorporation. At the Effective Time, the certificate of incorporation of the Company as in effect immediately prior to the Effective Time shall be amended and restated in its entirety to read as set forth in Exhibit A (the “Charter”), until thereafter amended as provided therein or by applicable Law (subject to Section 6.12)Law.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Andeavor), Agreement and Plan of Merger (Marathon Petroleum Corp)
The Certificate of Incorporation. At the Effective Time, the The certificate of incorporation of the Company as in effect immediately prior to the Effective Time shall be amended and restated at the Effective Time to read in its entirety to read as set forth in Exhibit A (the “Charter”)B attached hereto, until thereafter duly amended as provided therein or by applicable Law (subject to Section 6.12)Law.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Group 1 Software Inc)
The Certificate of Incorporation. At the Effective Time, Time the certificate of incorporation of the Company as in effect immediately prior to the Effective Time (as amended, the “Charter”) shall be amended and restated in its entirety restated, by virtue of the Merger to read as set forth in Exhibit A (the “Charter”)hereto, until thereafter amended as provided therein or by applicable Law (subject to Law, and in accordance with Section 6.126.3(f).
Appears in 1 contract
Samples: Agreement and Plan of Merger (Golfsmith International Holdings Inc)
The Certificate of Incorporation. At the Effective Time, the certificate of incorporation of the Company as in effect immediately prior to the Effective Time shall be amended and restated in its entirety to read as set forth in on Exhibit A (attached hereto and, as so amended and restated, subject to Section 7.11, shall be the “Charter”), certificate of incorporation of the Surviving Corporation from and after the Effective Time until thereafter amended or restated as provided therein or by applicable Law (subject to Section 6.12)Law.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Cellular Biomedicine Group, Inc.)
The Certificate of Incorporation. At the Effective Time, the certificate of incorporation of the Company as in effect immediately prior to (the Effective Time “Charter”) shall be amended and restated in its entirety entirety, subject to read Section 6.11, to be in the form attached hereto as set forth in Exhibit A (the “Charter”)A, until thereafter amended as provided therein or by applicable Law (subject to Section 6.126.11).
Appears in 1 contract
