Common use of Officers and Directors of the Surviving Corporation Clause in Contracts

Officers and Directors of the Surviving Corporation. The officers of Merger Sub at the Effective Time shall, from and after the Effective Time, be the officers of the Surviving Corporation until their successors shall have been duly elected or appointed and qualified or until their earlier death, resignation or removal in accordance with the Charter and the Bylaws. Subject to applicable Law, the directors of Merger Sub shall be the directors of the Surviving Corporation at the Effective Time until their successors shall have been duly elected or appointed and qualified or until their earlier death, resignation or removal in accordance with the Charter and the Bylaws.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Con-Way Inc.), Agreement and Plan of Merger (XPO Logistics, Inc.)

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Officers and Directors of the Surviving Corporation. The officers directors of Merger Sub at immediately prior to the Effective Time shallTime, from and after the Effective Time, shall be the initial directors of the Surviving Corporation, and shall hold office until their respective successors are duly elected and qualified, or their earlier death, incapacitation, retirement, resignation or removal. The officers of the Company immediately prior to the Effective Time, from and after the Effective Time, shall be the initial officers of the Surviving Corporation Corporation, and shall hold office until their respective successors shall have been are duly elected and qualified, or appointed and qualified or until their earlier death, resignation or removal in accordance with the Charter and the Bylaws. Subject to applicable Lawincapacitation, the directors of Merger Sub shall be the directors of the Surviving Corporation at the Effective Time until their successors shall have been duly elected or appointed and qualified or until their earlier deathretirement, resignation or removal in accordance with the Charter and the Bylawsremoval.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Mallinckrodt PLC), Agreement and Plan of Merger (Questcor Pharmaceuticals Inc)

Officers and Directors of the Surviving Corporation. The officers of Merger Sub at the Effective Time shall, from and after Except as otherwise directed by Parent prior to the Effective Time, be the officers of the Surviving Corporation until their successors shall have been duly elected or appointed and qualified or until their earlier death, resignation or removal in accordance with the Charter and the Bylaws. Subject subject to applicable Law, the directors of Merger Sub immediately prior to the Effective Time shall be the initial directors of the Surviving Corporation at the Effective Time and shall hold office until their respective successors shall have been are duly elected and qualified, or appointed and qualified or until their earlier death, resignation or removal in accordance with removal. Except as otherwise directed by Parent prior to the Charter Effective Time, the officers of Merger Sub immediately prior to the Effective Time shall be the initial officers of the Surviving Corporation, and the Bylawsshall hold office until their respective successors are duly elected and qualified, or their earlier death, resignation or removal.

Appears in 1 contract

Samples: Agreement and Plan of Merger (KMG Chemicals Inc)

Officers and Directors of the Surviving Corporation. The officers of Merger Sub the Company at the Effective Time shall, from and after the Effective Time, be the officers of the Surviving Corporation until their successors shall have been duly elected or appointed and qualified or until their earlier death, resignation or removal in accordance with the Charter and the Bylaws. Subject to applicable Law, the directors of Merger Sub shall be the directors of the Surviving Corporation at the Effective Time until their successors shall have been duly elected or appointed and qualified or until their earlier death, resignation or removal in accordance with the Charter and the Bylaws.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Pacer International Inc)

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Officers and Directors of the Surviving Corporation. The officers and the directors of Merger Sub at the Effective Time shall, from and after the Effective Time, be the officers and directors, respectively, of the Surviving Corporation Corporation, until their successors shall have been duly elected or appointed and qualified or until their earlier death, resignation or removal removal, in accordance with the Charter certificate of incorporation and the Bylaws. Subject to applicable Law, the directors of Merger Sub shall be the directors bylaws of the Surviving Corporation at the Effective Time until their successors shall have been duly elected or appointed and qualified or until their earlier death, resignation or removal in accordance with the Charter and the BylawsXxxxx Employment Agreement (defined below).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Platinum Energy Resources Inc)

Officers and Directors of the Surviving Corporation. The officers of Merger Sub the Company at the Effective Time shall, from and after the Effective Time, be the officers of the Surviving Corporation until their successors shall have been duly elected or appointed and qualified or until their earlier death, resignation or removal in accordance with the Charter and the BylawsBy-laws. Subject to applicable Law, the directors of Merger Sub shall be the directors of the Surviving Corporation at from and after the Effective Time until their successors shall have been duly elected or appointed and qualified or until their earlier death, resignation or removal in accordance with the Charter and the BylawsBy-laws.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Echo Global Logistics, Inc.)

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