Certificate of Incorporation of the Surviving Corporation. The Certificate of Incorporation of the Company shall be the Certificate of Incorporation of the Surviving Corporation after the Effective Time, and thereafter may be amended in accordance with its terms and as provided by law and this Agreement.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Gilead Sciences Inc), Agreement and Plan of Merger (Nexstar Pharmaceuticals Inc), Agreement and Plan of Merger (Warburg Pincus Investors Lp)
Certificate of Incorporation of the Surviving Corporation. The Certificate certificate of Incorporation of incorporation in the Company form to be determined by Merger Sub prior to the Effective Time shall be the Certificate certificate of Incorporation incorporation of the Surviving Corporation after the Effective Time, and until thereafter may be amended in accordance with its terms and as provided by law and this Agreementapplicable Law.
Appears in 3 contracts
Samples: Business Separation and Merger Agreement (Coca-Cola Enterprises, Inc.), Separation and Merger Agreement (Coca Cola Enterprises Inc), Separation and Merger Agreement (Coca Cola Co)
Certificate of Incorporation of the Surviving Corporation. The Certificate certificate of Incorporation incorporation of Merger Subsidiary in effect at the Company Effective Time shall be the Certificate certificate of Incorporation incorporation of the Surviving Corporation after the Effective Time, and thereafter may be until amended in accordance with its terms and as provided by law and this Agreementapplicable law.
Appears in 3 contracts
Samples: Agreement and Plan (Diamond Multimedia Systems Inc), Agreement and Plan (Diamond Multimedia Systems Inc), Agreement and Plan (S3 Inc)
Certificate of Incorporation of the Surviving Corporation. The Certificate certificate of Incorporation incorporation of the Company in effect at the Effective Time shall be the Certificate certificate of Incorporation incorporation of the Surviving Corporation after the Effective Time, and thereafter may be until subsequently amended in accordance with its terms and as provided by law and this Agreementapplicable law.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Texaco Inc), Agreement and Plan of Merger (Chevron Corp)
Certificate of Incorporation of the Surviving Corporation. The Certificate certificate of Incorporation incorporation of the Company Caremark shall be the Certificate certificate of Incorporation incorporation of the Surviving Corporation after the Effective Time, and thereafter may be until amended in accordance with its terms and as provided by law and this AgreementApplicable Law.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Caremark Rx Inc), Agreement and Plan of Merger (CVS Corp)
Certificate of Incorporation of the Surviving Corporation. The Certificate of Incorporation of At the Company shall be Effective Time, the Certificate of Incorporation of the Surviving Corporation after shall be restated in the Effective Time, and thereafter may be amended in accordance with its terms Merger and as so amended, shall be the certificate of incorporation of the Surviving Corporation until thereafter amended as provided therein or by law and this Agreementthe DGCL.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Pristine Acquisition, Inc.), Agreement and Plan of Merger (Pristine Acquisition, Inc.)
Certificate of Incorporation of the Surviving Corporation. The Certificate certificate of Incorporation incorporation of Merger Subsidiary in effect at the Company Effective Time shall be the Certificate certificate of Incorporation incorporation of the Surviving Corporation after the Effective Time, and thereafter may be until amended in accordance with its terms and as provided by law and this Agreementapplicable law, except that the name of the Surviving Corporation shall be changed to the current name of the Company.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Symmetricom Inc), Agreement and Plan of Merger (Truetime Inc)
Certificate of Incorporation of the Surviving Corporation. The Certificate At the Effective Time, the certificate of Incorporation incorporation of the Company Company, as amended as set forth on Exhibit A, shall be the Certificate certificate of Incorporation incorporation of the Surviving Corporation after the Effective Time, and until thereafter may be amended in accordance with its terms and as provided by law and this Agreementapplicable Law.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Worldpay, Inc.), Agreement and Plan of Merger (Fidelity National Information Services, Inc.)
Certificate of Incorporation of the Surviving Corporation. The Certificate certificate of Incorporation incorporation of Merger Sub in effect at the Company Effective Time shall be the Certificate certificate of Incorporation incorporation of the Surviving Corporation after the Effective Time, and thereafter may be until amended in accordance with its terms and as provided by law and this Agreementapplicable law, except that the name of the Surviving Corporation shall be changed to the current name of the Company.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Symmetricom Inc), Agreement and Plan of Merger (Datum Inc)
Certificate of Incorporation of the Surviving Corporation. The Certificate certificate of Incorporation incorporation of Merger Subsidiary in effect at the Company Effective Time shall be the Certificate certificate of Incorporation incorporation of the Surviving Corporation after the Effective Time, and thereafter may be until amended in accordance with its terms and as provided by law and this Agreement.applicable law,
Appears in 1 contract
Samples: Agreement and Plan of Merger (Sensory Science Corp)
Certificate of Incorporation of the Surviving Corporation. The Certificate --------------------------------------------------------- certificate of Incorporation incorporation of Purchaser, as in effect immediately prior to the Company Effective Time, shall be the Certificate certificate of Incorporation incorporation of the Surviving Corporation after the Effective Time, and until thereafter may be amended in accordance with its terms and as provided for by law and this Agreementpursuant to such certificate of incorporation.
Appears in 1 contract
Certificate of Incorporation of the Surviving Corporation. The Certificate certificate of Incorporation incorporation of Merger Sub in effect immediately prior to the Company Effective Time shall be the Certificate certificate of Incorporation incorporation of the Surviving Corporation after the Effective Time, and thereafter may be until amended in accordance with its terms and as provided by law and this Agreementapplicable law.
Appears in 1 contract
Certificate of Incorporation of the Surviving Corporation. The Certificate of Incorporation of the Company Merger Sub in effect at the Effective Time shall be the Certificate of Incorporation of the Surviving Corporation after the Effective Time, and thereafter may be amended in accordance with its terms and as provided by law and this AgreementCorporation.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Fore Systems Inc /De/)
Certificate of Incorporation of the Surviving Corporation. The Certificate of Incorporation At the Effective Time and without any further action on the part of the Company or Merger Sub, the certificate of incorporation of Merger Sub, as in effect immediately prior to the Effective Time, shall be the Certificate certificate of Incorporation incorporation of the Surviving Corporation after as of the Effective Time, and thereafter may be until duly amended in accordance with its terms and as provided by law and this Agreementapplicable Law.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Wesco International Inc)
Certificate of Incorporation of the Surviving Corporation. The Certificate certificate of Incorporation incorporation of MERGER SUB in effect at the Company Effective Time shall be the Certificate certificate of Incorporation incorporation of the Surviving Corporation after the Effective Time, and thereafter may be until amended in accordance with its terms and as provided by law and this Agreementapplicable law, except that the name of the Surviving Corporation shall be changed to the name NATIONAL HOLDING COMPANY.
Appears in 1 contract
Certificate of Incorporation of the Surviving Corporation. The Certificate of Incorporation of Merger Sub as in effect at the Company Effective Time shall be the Certificate of Incorporation of the Surviving Corporation after the Effective Time, and thereafter may be until duly amended in accordance with its terms and as provided by law and this Agreementapplicable law.
Appears in 1 contract
Certificate of Incorporation of the Surviving Corporation. The Certificate certificate of Incorporation incorporation of Merger Sub, as in effect immediately prior to the Company Effective Time, shall be the Certificate certificate of Incorporation incorporation of the Surviving Corporation after the Effective Time, and until thereafter may be amended in accordance with its terms and as provided by law and this AgreementLaw.
Appears in 1 contract
Certificate of Incorporation of the Surviving Corporation. The Certificate of Incorporation of Sub, as in effect immediately before the Company Effective Time but to the extent amended by the Certificate of Merger, shall be the Certificate of Incorporation of the Surviving Corporation immediately after the Effective Time, and thereafter may be amended in accordance with its terms and as provided by law and this Agreement.
Appears in 1 contract
