Common use of Articles of Incorporation; Bylaws Clause in Contracts

Articles of Incorporation; Bylaws. At the Effective Time, 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 as provided by law and such Articles of Incorporation of the Surviving Corporation; provided, however, that at the Effective Time the Articles of Incorporation of the Surviving Corporation shall be amended so that the name of the Surviving Corporation shall be "Sawtek, Inc."

Articles of Incorporation; Bylaws. (a) At the Effective Time, the Articles of Incorporation of Merger SubSubsidiary, as in effect immediately prior to the Effective Time, shall be the Articles of Incorporation of the Surviving Corporation until thereafter amended as provided by law and such Articles of Incorporation of the Surviving CorporationIncorporation; provided, however, that that, at the Effective Time Time, Article 1 of the Articles of Incorporation of the Surviving Corporation shall be amended so that the to read as follows: "The name of the Surviving Corporation shall be "Sawtekcorporation is Acoustic Communication Systems, Inc."

Articles of Incorporation; Bylaws. At From and after the Effective TimeTime and until further amended in accordance with applicable law, the Articles of Incorporation of Merger Sub, Subsidiary as in effect immediately prior to the Effective Time, Time shall be the Articles of Incorporation of the Surviving Corporation Corporation. From and after the Effective Time and until thereafter further amended in accordance with law, the Bylaws of Merger Subsidiary as provided by law and such Articles of Incorporation in effect immediately prior to the Effective Time shall be the Bylaws of the Surviving Corporation; provided, however, that at the Effective Time the Articles of Incorporation of the Surviving Corporation shall be amended so that the name of the Surviving Corporation shall be "Sawtek, Inc.".

Articles of Incorporation; Bylaws. (a) At the Effective Time, the Articles of Incorporation of Merger Sub, Sub as in effect immediately prior to the Effective Time, Time shall be become the Articles of Incorporation of the Surviving Corporation until thereafter amended Corporation, except that the name of Company, as provided by law and such Articles of Incorporation of the Surviving Corporation; provided, howevershall be “Vine, that at the Effective Time Inc.” and Article FIRST of the Articles of Incorporation of the Surviving Corporation shall be amended so that the read in its entirety as follows: “The name of the Surviving Corporation shall be "Sawtekcorporation is “VitalStream Holdings, Inc."”

Articles of Incorporation; Bylaws. (a) At the Effective Time, 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 as provided by law and such Articles of Incorporation of the Surviving Corporationamended; provided, however, that at the Effective Time Article I of the Articles of Incorporation of the Surviving Corporation shall be amended so that the to read as follows: "The name of the Surviving Corporation shall be "Sawtekcorporation is Technology Modeling Associates, Inc."

Articles of Incorporation; Bylaws. (a) At the Effective Time, the articles of incorporation (the "Articles of Incorporation 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 as provided by law and such Articles of Incorporation of the Surviving Corporation; providedPROVIDED, howeverHOWEVER, that at the Effective Time ARTICLE ONE of the Articles of Incorporation of the Surviving Corporation shall be amended so that the to read as follows: "The name of the Surviving Corporation shall be corporation (the "Sawtek, Corporation") is Window on WallStreet Inc."

Articles of Incorporation; Bylaws. (a) At the Effective Time, 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 as provided by law and such Articles of Incorporation of the Surviving Corporation; provided, however, that at the Effective Time the Articles of Incorporation of the Surviving Corporation shall be amended so that the name of the Surviving Corporation shall be "Sawtek, Inc."Tencor Instruments.

Articles of Incorporation; Bylaws. (a) At the Effective Time, 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 as provided by law Utah Law and such Articles of Incorporation of the Surviving CorporationIncorporation; provided, however, that at the Effective Time Section 1 of the Articles of Incorporation of the Surviving Corporation shall be amended so that the to read as follows: "The name of the Surviving Corporation shall be "Sawtekcorporation is AcuVoice, Inc."

Articles of Incorporation; Bylaws. At (a) The Articles of Merger shall provide that, at the Effective Time, the Articles of Incorporation of the Initially Surviving Corporation shall be in the form of the Articles of Incorporation of the Merger Sub, Sub 1 as in effect immediately prior to the Effective Time; provided, shall be however, that as of the Effective Time, Article I of the Articles of Incorporation of the Surviving Corporation until thereafter amended as provided by law and such Articles of Incorporation of the Surviving Corporation; provided, however, that at the Effective Time the Articles of Incorporation of the Initially Surviving Corporation shall be amended so that the read: "The name of the Surviving Corporation shall be "Sawtekcorporation is eStara, Inc."

Articles of Incorporation; Bylaws. (a) At the Effective Time, the Articles of Incorporation of Merger Sub, as in effect immediately prior to the Effective Time, Sub shall be the Articles of Incorporation of the Surviving Corporation until thereafter amended as provided by law and such Articles of Incorporation of the Surviving Corporation; provided, however, that at Incorporation. Immediately after the Effective Time Time, Article I of the Articles of Incorporation of the Surviving Corporation shall be amended so that the to read as follows: "The name of the Surviving Corporation shall be "Sawtekcorporation is Health Plan Initiatives, Inc."

Articles of Incorporation; Bylaws. At (a) Unless otherwise determined by Parent prior to the Effective Time, at the Effective Time, the Articles of Incorporation of Merger Sub, as in effect immediately prior to the Effective Time, Sub shall be the Articles of Incorporation of the Surviving Corporation until thereafter amended as provided by law and such Articles of Incorporation of the Surviving CorporationIncorporation; provided, however, that at the Effective Time Article I of the Articles of Incorporation of the Surviving Corporation shall be amended so that the to read as follows: "The name of the Surviving Corporation shall be corporation is ActaMed Corporation."Sawtek, Inc."

Articles of Incorporation; Bylaws. (a) At the Effective Time, the Articles of Incorporation of Merger Acquiror Sub, as in effect immediately prior to the Effective Time, shall be the Articles of Incorporation of the Surviving Corporation until thereafter amended as provided by law the TBCA and such Articles of Incorporation of the Surviving CorporationIncorporation; provided, however, that at the Effective Time the Articles of Merger shall amend Article I of Acquiror Sub's Articles of Incorporation of the Surviving Corporation shall be amended so to provide that the name of the Surviving Corporation shall be "SawtekXxxxxx, Inc."

Articles of Incorporation; Bylaws. (a) At the Effective Time, 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 as provided by law and such Articles of Incorporation of the Surviving Corporationamended; provided, however, that at the Effective Time Article I of the Articles of Incorporation of the Surviving Corporation shall be amended so that the to read as follows: "The name of the Surviving Corporation shall be corporation is TMAI."Sawtek, Inc."

Articles of Incorporation; Bylaws. At the Effective Time, the The Articles of Incorporation of Merger Sub, Subsidiary as in effect immediately prior to as of the Effective Time, Time shall be the Articles of Incorporation of the Surviving Corporation until thereafter altered, amended or repealed. The By-Laws of Merger Subsidiary as provided by law and such Articles in effect as of Incorporation of the Surviving Corporation; provided, however, that at the Effective Time shall be the Articles of Incorporation Bylaws of the Surviving Corporation shall be until altered, amended so that the name of the Surviving Corporation shall be "Sawtek, Inc."or repealed.

Articles of Incorporation; Bylaws. At (a) Immediately after the Effective TimeTime of the Merger, the Articles articles of Incorporation incorporation of Merger Subthe Surviving Corporation shall be as set forth in Exhibit H to this Agreement, as in effect immediately prior to the Effective Time, and such articles of incorporation shall be the Articles articles of Incorporation incorporation of the Surviving Corporation until thereafter amended as provided by law and such Articles articles of Incorporation incorporation of the Surviving Corporation; provided, however, that at the Effective Time the Articles of Incorporation of the Surviving Corporation shall be amended so that the name of the Surviving Corporation shall be "Sawtek, Inc.".