Certificate of Incorporation and By-laws of the Surviving Corporation. At the Effective Time, the certificate of incorporation attached as Exhibit A shall be the certificate of incorporation of the Surviving Corporation until thereafter amended in accordance with applicable Law and the terms thereof. The by-laws of Merger Sub, as in effect immediately prior to the Effective Time, shall be the by-laws of the Surviving Corporation until thereafter amended in accordance with applicable Law and the terms of such by-laws.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Wilmington Trust Corp), Agreement and Plan of Merger (M&t Bank Corp)
Certificate of Incorporation and By-laws of the Surviving Corporation. At the Effective Time, the certificate of incorporation attached as Exhibit A shall be the certificate of incorporation of the Surviving Corporation until thereafter amended in accordance with applicable Law and the terms thereof. The by-laws bylaws of Merger Sub, as in effect immediately prior to the Effective Time, in the form of Exhibit A and Exhibit B hereto, respectively, shall be the by-laws certificate of incorporation and bylaws of the Surviving Corporation (except that the name of the Surviving Corporation shall be Dynamex Inc.), until thereafter amended in accordance with as provided herein or by applicable Law and the terms of such by-laws(subject to Section 5.9 hereof).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Dynamex Inc), Agreement and Plan of Merger (Dynamex Inc)
Certificate of Incorporation and By-laws of the Surviving Corporation. At the Effective Time, (A) the certificate of incorporation attached as Exhibit A shall of Merger Sub will be the certificate of incorporation of the Surviving Corporation except that the name of the Surviving Corporation shall be “Arysta LifeScience Inc.,” until thereafter amended in accordance with its terms and as provided by applicable Law Law, and (B) the terms thereof. The amended and restated by-laws of Merger Sub, as in effect immediately prior to the Effective Time, shall Company will be the by-laws of the Surviving Corporation Corporation, until thereafter amended in accordance with their terms and applicable Law and the terms of such by-lawsLaw.
Appears in 1 contract
Samples: Stock Purchase Agreement (Platform Specialty Products Corp)
