Common use of Articles of Incorporation and Bylaws of the Surviving Corporation Clause in Contracts

Articles of Incorporation and Bylaws of the Surviving Corporation. (a) The articles of incorporation of Merger Sub as in effect immediately prior to the Effective Time, shall be the articles of incorporation of the Surviving Corporation until thereafter amended in accordance with the provisions thereof and the provisions of this Agreement and applicable Law, in each case consistent with the obligations set forth in Section 5.9.

Articles of Incorporation and Bylaws of the Surviving Corporation. (a) The articles of incorporation of Merger Sub as in effect immediately prior to at the Effective Time, Time shall be the articles of incorporation of the Surviving Corporation and the bylaws of Merger Sub in effect at the Effective Time shall be the bylaws of the Surviving Corporation, in each case until thereafter amended in accordance with the provisions thereof and the provisions of this Agreement and applicable Law, in each case consistent with the obligations set forth in Section 5.9law.

Articles of Incorporation and Bylaws of the Surviving Corporation. (a) The articles of incorporation of Merger Sub as in effect immediately prior to at the Effective Time, Time shall be the articles of incorporation of the Surviving Corporation until thereafter amended in accordance with the provisions thereof and the provisions of this Agreement and applicable Law; provided, however, that Article 1 of the articles of incorporation of the Surviving Corporation shall be amended in each case consistent with its entirety to read as follows: “The name of the obligations set forth in Section 5.9.corporation is Neutron Energy, Inc.”

Articles of Incorporation and Bylaws of the Surviving Corporation. (a) The At the Effective Time, the articles of incorporation and bylaws of Merger Sub as in effect immediately prior to the Effective Time, Time shall be the articles of incorporation and bylaws, respectively, of the Surviving Corporation Corporation, until thereafter amended in accordance with the provisions thereof and the provisions of this Agreement and applicable Law, in each case consistent with the obligations set forth in Section 5.9.

Articles of Incorporation and Bylaws of the Surviving Corporation. (a) 2.1 ARTICLES OF INCORPORATION. The articles Articles of incorporation Incorporation of Merger Sub as in effect immediately prior to the Effective Time, Time shall be the articles Articles of incorporation Incorporation of the Surviving Corporation Corporation, until thereafter duly amended in accordance with the provisions thereof and the provisions of this Agreement and applicable Law, in each case consistent with the obligations set forth in Section 5.9law.

Articles of Incorporation and Bylaws of the Surviving Corporation. At the Effective Time, the Articles of Incorporation of Surviving Corporation shall be in a form to be agreed by Merger Sub and the Company and attached to the Agreement of Merger (athe "Restated Articles") The articles of incorporation until duly amended in accordance with applicable Law, and the Bylaws of Merger Sub as in effect immediately prior to the Effective Time, Time shall be the articles Bylaws of incorporation of the Surviving Corporation until thereafter duly amended in accordance with the provisions thereof and the provisions of this Agreement and applicable Law, in each case consistent with the obligations set forth in Section 5.9.

Articles of Incorporation and Bylaws of the Surviving Corporation. (a) 2.1. ARTICLES OF INCORPORATION. The articles Articles of incorporation Incorporation of Merger Sub as in effect immediately prior to the Effective Time, Time shall be the articles Articles of incorporation Incorporation of the Surviving Corporation Corporation, until thereafter duly amended in accordance with the provisions thereof and the provisions of this Agreement and applicable Law, in each case consistent with the obligations set forth in Section 5.9law.

Articles of Incorporation and Bylaws of the Surviving Corporation. (a) The At the Effective Time and without any further action on the part of the Company or Merger Sub, the articles of incorporation of Merger Sub Sub, as in effect immediately prior to the Effective TimeTime but reflecting any necessary amendments to (1) change the name of Merger Sub to the Company’s name and (2) reflect the provisions of Section 5.8, shall be the articles of incorporation of the Surviving Corporation as of the Effective Time, until thereafter duly amended in accordance with the provisions thereof and the provisions of this Agreement and applicable Law, in each case consistent with the obligations set forth in Section 5.9.

Articles of Incorporation and Bylaws of the Surviving Corporation. (a) The At the Effective Time, the articles of incorporation and bylaws of Merger Sub as in effect immediately prior to the Effective Time, Time (subject to any amendment to the articles of incorporation set forth in the Agreement of Merger) shall be the articles of incorporation and bylaws of the Surviving Corporation until thereafter amended in accordance with the provisions thereof and the provisions of this Agreement and applicable Law, in each case consistent with the obligations set forth in Section 5.9.

Articles of Incorporation and Bylaws of the Surviving Corporation. (a) The articles Articles of incorporation Incorporation of Merger Sub Sub, as in effect immediately prior to the Effective Time, shall be the articles Articles of incorporation Incorporation of the Surviving Corporation until thereafter duly amended; provided that such Articles of Incorporation shall be amended in accordance with to reflect that the provisions thereof and name of the provisions of this Agreement and applicable LawSurviving Corporation shall be “MAPICS, in each case consistent with the obligations set forth in Section 5.9.Inc.”

Articles of Incorporation and Bylaws of the Surviving Corporation. (a) The At the Effective Time, the articles of incorporation of Merger Sub and the bylaws of Merger Sub as in effect immediately prior to the Effective Time, Time shall be the articles of incorporation and bylaws, respectively, of the Surviving Corporation Corporation, until thereafter amended in accordance with the provisions thereof and the provisions of this Agreement and applicable Law, in each case consistent with the obligations set forth in Section 5.9.

Articles of Incorporation and Bylaws of the Surviving Corporation. (a) The At the Effective Time, the articles of incorporation as set forth in the Certificate of Merger shall become the articles of incorporation of Merger Sub the Surviving Corporation. At the Effective Time, the bylaws of the Company as in effect immediately prior to the Effective Time, Time shall be become the articles of incorporation bylaws of the Surviving Corporation until thereafter amended in accordance with the provisions thereof and the provisions of this Agreement and applicable Law, in each case consistent with the obligations set forth in Section 5.9Corporation.

Articles of Incorporation and Bylaws of the Surviving Corporation. (a) The articles Articles of incorporation Incorporation of the Merger Sub Sub, as in effect immediately prior to the Effective Time, shall be the articles Articles of incorporation Incorporation of the Surviving Corporation Corporation, until thereafter amended in accordance with the provisions thereof and applicable law. The Bylaws of the Merger Sub in effect at the Effective Time shall be the Bylaws of the Surviving Corporation until amended in accordance with the provisions of this Agreement thereof and applicable Law, in each case consistent with the obligations set forth in Section 5.9law.

Articles of Incorporation and Bylaws of the Surviving Corporation. (a) The articles of incorporation of Merger Sub Sub, as in effect immediately prior to the Effective Time, shall be the articles of incorporation of the Surviving Corporation until thereafter duly amended; provided that such articles of incorporation shall be amended in accordance with to reflect that the provisions thereof and name of the provisions of this Agreement and applicable LawSurviving Corporation shall be “MITY Enterprises, in each case consistent with the obligations set forth in Section 5.9.Inc.”

Articles of Incorporation and Bylaws of the Surviving Corporation. (a) The articles Articles of incorporation Incorporation of Merger Sub as in effect immediately prior to the Effective Time, Time shall be the articles Articles of incorporation Incorporation of the Surviving Corporation until thereafter changed or amended as provided therein or in accordance with the provisions thereof and the provisions of this Agreement and applicable Law, . The Bylaws of Merger Sub as in each case consistent effect immediately prior to the Effective Time shall be the Bylaws of the Surviving Corporation until thereafter changed or amended as provided therein or in accordance with the obligations set forth in Section 5.9applicable law.

Articles of Incorporation and Bylaws of the Surviving Corporation. (a) The articles At the Effective Time, the Articles of incorporation Incorporation and the bylaws of Merger Sub Sub, as in effect immediately prior to the Effective Time, shall be the articles Articles of incorporation Incorporation and Bylaws of the Surviving Corporation Corporation, in each case until thereafter amended in accordance with the provisions thereof and the provisions of this Agreement and applicable Law, in each case consistent with the obligations set forth in Section 5.9law.

Articles of Incorporation and Bylaws of the Surviving Corporation. (a) The articles of incorporation of Merger Sub Sub, as in effect immediately prior to the Effective Time, shall be the articles of incorporation of the Surviving Corporation until thereafter duly amended; provided that such articles of incorporation shall be amended in accordance with to reflect that the provisions thereof and name of the provisions of this Agreement and applicable LawSurviving Corporation shall be "MITY Enterprises, in each case consistent with the obligations set forth in Section 5.9.Inc."