Officers of the Surviving Corporation. The officers of the Company immediately prior to the Effective Time shall be the initial officers of the Surviving Corporation, each to hold office until the earlier of their resignation or removal or until their respective successors are duly elected and qualified, as the case may be.
Appears in 17 contracts
Samples: Agreement and Plan of Merger (Investors Heritage Capital Corp), Agreement and Plan of Merger (RealD Inc.), Agreement and Plan of Merger (Emc Corp)
Officers of the Surviving Corporation. The officers of the Company immediately prior to the Effective Time shall shall, from and after the Effective Time, be the initial officers of the Surviving Corporation, each to hold office until the his or her or their successor has been duly elected or appointed and qualified or until his or her or their earlier of their death, resignation or removal or until their respective successors are duly elected and qualifiedpursuant to the Charter, as the case may beBylaws and/or applicable Law.
Appears in 10 contracts
Samples: Agreement and Plan of Merger (Franchise Group, Inc.), Agreement and Plan of Merger (Benefitfocus, Inc.), Agreement and Plan of Merger (Voya Financial, Inc.)
Officers of the Surviving Corporation. The persons who are officers of the Company Acquiror immediately prior to the Effective Time shall shall, from and after the Effective Time, be the initial officers of the Surviving Corporation, each to Corporation and shall hold office their same respective office(s) until the earlier of their resignation successors have been duly elected or removal appointed and qualified or until their respective successors are duly elected and qualifiedearlier death, as the case may beresignation or removal.
Appears in 7 contracts
Samples: Agreement and Plan of Merger and Reorganization (Universal Document MGMT Systems Inc), Agreement and Plan of Merger and Reorganization (Universal Document MGMT Systems Inc), Agreement and Plan of Merger and Reorganization (Universal Document MGMT Systems Inc)
Officers of the Surviving Corporation. The officers of the Company as of immediately prior to the Effective Time shall be the initial officers of the Surviving Corporation, each to Corporation and shall hold office until the earlier of their resignation or removal or until their respective successors are duly elected and qualified, as the case may beor their earlier death, incapacitation, retirement, resignation or removal.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Emerson Electric Co), Agreement and Plan of Merger (National Instruments Corp), Agreement and Plan of Merger (Univar Solutions Inc.)
Officers of the Surviving Corporation. The officers of the Company immediately prior to the Effective Time shall be the initial officers of the Surviving Corporation, each to hold office until the earlier of their resignation or removal or Corporation until their respective successors are duly elected appointed and qualifiedqualified or their earlier death, as resignation or removal in accordance with the case may becertificate of incorporation and bylaws of the Surviving Corporation.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Tornier B.V.), Agreement and Plan of Merger (Blue Martini Software Inc), Agreement and Plan of Merger (Vitria Technology Inc)
Officers of the Surviving Corporation. The officers of the Company designated by Acquisition Corp. immediately prior to the Effective Time shall be the initial officers of the Surviving Corporation, each to Corporation and shall hold office until the earlier of their resignation or removal or until their respective successors are duly elected and qualified, as the case may beor their earlier death, resignation or removal.
Appears in 5 contracts
Samples: Acquisition Agreement And (GMM Capital LLC), Acquisition Agreement And (GMM Capital LLC), Acquisition Agreement And (Prentice Capital Management, LP)
Officers of the Surviving Corporation. The officers of the Company immediately prior to At the Effective Time shall be Time, the initial officers of the Surviving CorporationCorporation will be the officers of the Company as of immediately prior to the Effective Time, each to hold office until in accordance with the earlier certificate of their resignation or removal or incorporation and bylaws of the Surviving Corporation until their respective successors are duly elected and qualified, as the case may beappointed.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (HireRight Holdings Corp), Agreement and Plan of Merger (EngageSmart, Inc.), Agreement and Plan of Merger (Vista Equity Partners Fund Viii, L.P.)
Officers of the Surviving Corporation. The officers of the Company immediately prior to the Effective Time shall will be the initial officers of the Surviving Corporation, each to hold office Corporation until the earlier of their resignation respective deaths, resignations or removal removals or until their respective successors are duly elected or appointed and qualified, as the case may be.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Troy Group Inc), Agreement and Plan of Merger (Troy Group Inc), Agreement and Plan of Merger (Vidamed Inc)
Officers of the Surviving Corporation. The Except as otherwise determined by Parent prior to the Effective Time, the officers of the Company immediately prior to the Effective Time shall shall, from and after the Effective Time, be the initial officers of the Surviving Corporation, each to hold office until the his or her or their successor has been duly elected or appointed and qualified or until his or her or their earlier of their death, resignation or removal or until their respective successors are duly elected and qualifiedpursuant to the Charter, as the case may beBylaws and/or applicable Law.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Cards Acquisition Inc.), Amended and Restated Agreement and Plan of Merger (Collectors Universe Inc), Agreement and Plan of Merger (Collectors Universe Inc)
Officers of the Surviving Corporation. The officers of the Company immediately prior to the Effective Time shall be the initial officers of the Surviving Corporation, each to hold office until the earlier of their resignation or removal or Corporation until their respective successors are duly elected and qualified, as the case may be.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Magellan Health Services Inc), Agreement and Plan of Merger (Management Network Group Inc), Agreement and Plan of Merger (Merit Behavioral Care Corp)
Officers of the Surviving Corporation. The persons who are officers of the Company Subsidiary immediately prior to the Effective Time shall shall, from and after the Effective Time, be the initial officers of the Surviving Corporation, each to Corporation and shall hold office their same respective offices until the earlier of their resignation successors have been duly elected or removal appointed and qualified or until their respective successors are duly elected and qualifiedearlier death, as the case may beresignation or removal.
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (Vision Twenty One Inc), Agreement and Plan of Reorganization (Vision Twenty One Inc), Agreement and Plan of Reorganization (Vision Twenty One Inc)
Officers of the Surviving Corporation. The officers of the Company immediately prior to the Effective Time shall be the initial officers of the Surviving Corporation, each to hold office until Corporation as of the earlier of their resignation or removal or Effective Time and until their respective successors are duly appointed or elected and qualified, as the case may bein accordance with applicable law.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Liposome Co Inc), Agreement and Plan of Merger (Lockheed Martin Corp), Agreement and Plan of Merger (Northrop Grumman Corp)
Officers of the Surviving Corporation. The officers of the Company immediately prior to the Effective Time shall be the initial officers of the Surviving Corporation, each to hold office until the earlier of their resignation or removal or until their respective successors are duly elected appointed and qualified, as the case may be.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Pyramid Breweries Inc), Agreement and Plan of Merger (Independent Brewers United, Inc.)
Officers of the Surviving Corporation. The officers of the Company immediately prior to At the Effective Time shall be Time, the initial officers of the Surviving CorporationCorporation will be the officers of the Company as of immediately prior to the Effective Time, each to hold office until in accordance with the earlier certificate of their resignation or removal or incorporation and bylaws of the Surviving Corporation until their respective successors are duly elected and qualifiedappointed or until their earlier death, as the case may beresignation or removal.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Carrols Restaurant Group, Inc.), Agreement and Plan of Merger (Restaurant Brands International Limited Partnership)
Officers of the Surviving Corporation. The officers of the Company immediately prior to the Effective Time shall be the initial officers of the Surviving Corporation, each to hold office until the earlier of their resignation or removal or until their respective successors are duly elected and qualified, as the case may be.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Tempur Pedic International Inc), Agreement and Plan of Merger (Sealy Corp)
Officers of the Surviving Corporation. The officers of the Company immediately prior to at the Effective Time shall shall, from and after the Effective Time, be the initial officers of the Surviving CorporationCorporation until their successors have been duly elected or appointed and qualified or until their earlier death, each to hold office until the earlier of their resignation or removal or until their respective successors are duly elected in accordance with the Charter and qualified, as the case may beBylaws.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (HNC Software Inc/De), Agreement and Plan of Merger (Fair Isaac & Company Inc)
Officers of the Surviving Corporation. The officers of the Company immediately prior to the Effective Time shall be the initial officers of the Surviving Corporation, each to Corporation and shall hold office until the earlier of their resignation or removal or until their respective successors are duly elected and qualified, as the case may beor upon their earlier death, resignation or removal.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (First Data Corp), Agreement and Plan of Merger (Fiserv Inc)
Officers of the Surviving Corporation. The officers of the Company immediately prior to the Effective Time shall be the initial officers of the Surviving CorporationCorporation until their successors have been duly elected or appointed and qualify or until their earlier death, each to hold office until the earlier of their resignation or removal or until their respective successors are duly elected in accordance with the DGCL, the Charter and qualified, as the case may beBylaws.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Willbros Group, Inc.\NEW\), Agreement and Plan of Merger (Primoris Services Corp)
Officers of the Surviving Corporation. The As of the Effective Time, the officers of the Company immediately prior to the Effective Time shall be the initial officers of the Surviving Corporation, each to hold office Corporation until the earlier of their resignation or removal or until their respective successors are duly elected and qualified, as the case may be.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Berry Plastics Corp), Agreement and Plan of Merger (Journal Register Co)
Officers of the Surviving Corporation. The officers of the Company immediately prior to the Effective Time shall be the initial officers of the Surviving Corporation, each to hold office until the their earlier of their death, resignation or removal or until their respective successors are duly elected and qualified, as the case may beremoval.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Option Care Inc/De), Agreement and Plan of Merger (Walgreen Co)
Officers of the Surviving Corporation. The officers of the Company immediately prior to the Effective Time shall will be the initial officers of the Surviving Corporation, each to hold office Corporation until the earlier of their resignation respective deaths, resignations or removal removals or until their respective successors are duly elected or appointed and qualified, as the case may be. ARTICLE 3.
Appears in 2 contracts
Samples: Ii Agreement and Plan of Merger (Media Arts Group Inc), Ii Agreement and Plan of Merger (Media Arts Group Inc)
Officers of the Surviving Corporation. The officers of the Company immediately prior to the Effective Time shall be and become the initial officers of the Surviving Corporation, each to hold office without change, until the earlier of their resignation or removal successors have been duly elected and qualified or until their respective successors are duly elected earlier death, resignation or removal, in accordance with the Certificate of Incorporation of the Surviving Corporation and qualified, as the case may beBylaws of the Surviving Corporation.
Appears in 2 contracts
Samples: Merger Agreement (Transworld Telecommunications Inc), Merger Agreement (Wireless Cable & Communications Inc)
Officers of the Surviving Corporation. The officers of the Company immediately prior to at the Effective Time shall shall, from and after the Effective Time, be the initial officers of the Surviving Corporation, each to hold the applicable office until the earlier of their his or her death, resignation or removal or until their respective successors are the time at which his or her successor is duly elected or appointed and qualifiedqualified pursuant to the Surviving Corporation Charter, as the case may beSurviving Corporation Bylaws and applicable Law.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (NantKwest, Inc.), Agreement and Plan of Merger (Cambridge Equities, LP)
Officers of the Surviving Corporation. The officers of the Company immediately prior to the Effective Time shall be the initial officers of the Surviving Corporation, each to Corporation and shall hold office until the earlier of their resignation or removal or until their respective successors are duly elected and qualified, as or their earlier death, incapacitation, retirement, resignation or removal, in accordance with the case may beCharter and Bylaws.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (MWI Veterinary Supply, Inc.), Agreement and Plan of Merger (Amerisourcebergen Corp)
Officers of the Surviving Corporation. The officers of the Company immediately prior to the Effective Time shall shall, from and after the Effective Time, be the initial officers of the Surviving Corporation, each to hold office until the his, her or their successor has been duly elected or appointed and qualified or until his, her or their earlier of their death, resignation or removal or until their respective successors are duly elected and qualifiedpursuant to the Charter, as the case may beBylaws and/or applicable Law.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Baxter International Inc), Agreement and Plan of Merger (Hill-Rom Holdings, Inc.)
Officers of the Surviving Corporation. The officers of the Company immediately prior to the Effective Time shall shall, from and after the Effective Time, be the initial officers of the Surviving CorporationCorporation until their successors shall have been duly elected or appointed and qualified or until their earlier death, each to hold office until the earlier of their resignation or removal or until their respective successors are duly elected in accordance with the Charter and qualified, as the case may beBylaws.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Sciquest Inc), Agreement and Plan of Merger (Duff & Phelps Corp)
Officers of the Surviving Corporation. The officers of the Company immediately prior to the Effective Time shall be the initial officers of the Surviving Corporation, each to hold office until the earlier of their resignation or removal or Corporation until their respective successors are duly elected appointed and qualifiedqualified or their earlier death, as resignation or removal in accordance with the case may becertificate of incorporation and by-laws of the Surviving Corporation.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Invision Technologies Inc)
Officers of the Surviving Corporation. The At the Effective Time, the officers of the Company as of immediately prior to the Effective Time Time, or such other individuals designated by Parent as of the Effective Time, shall be the initial officers of the Surviving Corporation, each to Corporation and shall hold office until the earlier of their resignation or removal or until their respective successors are duly elected and qualified, as the case may beor their earlier death, incapacitation, retirement, resignation, or removal.
Appears in 1 contract
Officers of the Surviving Corporation. The officers of the Company immediately prior to At the Effective Time shall be Time, the initial officers of the Surviving CorporationCorporation will be the officers of the Company as of immediately prior to the Effective Time, each to hold office until in accordance with the earlier articles of their resignation or removal or incorporation and bylaws of the Surviving Corporation until their respective successors are duly elected and qualified, as the case may beappointed.
Appears in 1 contract
Officers of the Surviving Corporation. The persons who are officers of the Company immediately prior to the Effective Time shall shall, from and after the Effective Time, be the initial officers of the Surviving Corporation, each to Corporation and shall hold office their same respective offices until the earlier of their resignation successors have been duly elected or removal appointed and qualified or until their respective successors are earlier death, resignation or removal, except that the President of the Company shall be replaced with Morgan at the Effective Time, who shall hold such office until his xxxxxxsor has been duly elected or appointed and qualifiedqualified or until his earlier death, as the case may beresignation or removal.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Usa Digital Inc)
Officers of the Surviving Corporation. The officers of the Company Surviving Corporation immediately prior to after the Effective Time shall be the initial officers consist of the persons who held such office in the Surviving Corporation, each to Corporation and such officers shall hold office until the earlier of their resignation or removal or until their respective successors are duly appointed or elected and qualified, as the case may bein accordance with applicable law.
Appears in 1 contract
Officers of the Surviving Corporation. The From and after the Effective Time, the officers of the Company immediately prior to the Effective Time shall be the initial officers of the Surviving Corporation, each to Corporation and shall hold office until the earlier of their resignation or removal or until their respective successors are duly elected and qualified, as the case may beor their earlier death, resignation or removal.
Appears in 1 contract
Samples: Recapitalization Agreement and Plan of Merger (Leiner Health Services Corp.)
Officers of the Surviving Corporation. The officers of the Company immediately prior to the Effective Time shall be the initial officers of the Surviving Corporation, each to hold office until the earlier of their death, resignation or removal or until their respective successors are duly elected and qualified, as the case may be.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Adams Respiratory Therapeutics, Inc.)
Officers of the Surviving Corporation. The officers of the Company ------------------------------------- immediately prior to the Effective Time shall be the initial officers of the Surviving CorporationCorporation immediately after the Effective Time until their successors shall have been duly elected or appointed and qualified or until their earlier death, each to hold office until the earlier of their resignation or removal or until their respective successors are duly elected in accordance with the Certificate of Incorporation and qualified, as Bylaws of the case may beSurviving Corporation.
Appears in 1 contract
Officers of the Surviving Corporation. The At and after the Effective Time, the officers of the Company immediately prior to the Effective Time (and the other Persons listed on Exhibit C hereto) shall be the initial officers of the Surviving Corporation, each to hold office until the his successor is appointed and qualified or until his earlier of their death, resignation or removal or until their respective successors are duly elected and qualified, as the case may beremoval.
Appears in 1 contract
Officers of the Surviving Corporation. The officers of the Company immediately prior to the Effective Time shall be the initial officers of the Surviving Corporation, each to hold office Corporation until the earlier of their resignation or removal or until their respective successors are duly elected and qualifieddesignated, as the case may be.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Alexza Pharmaceuticals Inc.)
Officers of the Surviving Corporation. The officers of the Company immediately prior to From and after the Effective Time shall be Time, the initial officers of the Surviving CorporationCorporation shall be such Persons as are mutually agreed by L3 and Xxxxxx prior to the Effective Time, in each to hold office case, until the their successors have been duly elected or appointed and qualified or until their earlier of their death, resignation or removal or until their respective successors are duly elected in accordance with the Surviving Corporation Charter and qualified, as the case may beSurviving Corporation Bylaws.
Appears in 1 contract
Samples: Agreement and Plan of Merger (L3 Technologies, Inc.)
Officers of the Surviving Corporation. The As of the Effective Time, the officers of the Company immediately prior to the Effective Time shall be become the initial officers of the Surviving Corporation, each to hold office Corporation until the earlier of their resignation or removal or until their respective successors are duly elected and qualified, as the case may be.
Appears in 1 contract
Officers of the Surviving Corporation. The officers of the Company immediately prior to the Effective Time shall be the initial officers of the Surviving Corporation, each to hold office until the earlier of their resignation or removal or Corporation until their respective successors are duly elected appointed and qualifiedqualified or their earlier death, as resignation or removal in accordance with the case may becertificate of incorporation and bylaws of the Surviving Corporation.
Appears in 1 contract
Officers of the Surviving Corporation. The officers of the Company immediately prior to the Effective Time shall be the initial officers of the Surviving Corporation, each to Corporation as of the Effective Time and shall hold office until the earlier of their resignation or removal or until their respective successors are duly appointed or elected in accordance with applicable law and qualified, as the case may beCertificate of Incorporation and By-laws of the Surviving Corporation.
Appears in 1 contract
Officers of the Surviving Corporation. The officers of the Company immediately prior to at the Effective Time shall shall, from and after the Effective Time, be the initial officers of the Surviving Corporation, each to hold office until the his or her successor has been duly elected or appointed and qualified or until his or her earlier of their death, resignation or removal or until their respective successors are duly elected pursuant to the Charter, the Bylaws and qualified, as the case may beapplicable Law.
Appears in 1 contract
Officers of the Surviving Corporation. The officers of the Company immediately prior to the Effective Time shall be the initial officers of the Surviving Corporation, each to hold office until the earlier of their resignation or removal or until their respective successors are duly elected and qualified, as the case may be.
Appears in 1 contract
Samples: Agreement and Plan of Merger (HUGHES Telematics, Inc.)
Officers of the Surviving Corporation. The officers of the Company immediately prior to the Effective Time shall be the initial officers of the Surviving Corporation, each to who shall hold office until the earlier of their resignation or removal or offices until their respective successors are duly appointed or elected and qualified, as the case may bein accordance with applicable law.
Appears in 1 contract
Samples: Agreement and Plan of Merger (International Tourist Entertainment Corp)
Officers of the Surviving Corporation. The Immediately after the Effective Time, the officers of the Company Surviving Corporation shall consist of the officers of Acquiror Sub in office immediately prior to the Effective Time shall be the initial officers of the Surviving Corporation, each to hold office until the earlier of their resignation or removal or until their respective successors are duly elected and qualified, as the case may beTime.
Appears in 1 contract
Officers of the Surviving Corporation. The officers of the Company immediately prior to the Effective Time shall be the initial officers of the Surviving Corporation, each to hold office until the earlier of their death, resignation or removal or until their respective successors are duly elected and qualified, as the case may beappointed.
Appears in 1 contract
Officers of the Surviving Corporation. The officers of the Surviving Corporation, as of the Effective Time, will be the officers of the Company immediately prior to the Effective Time shall be the initial officers of the Surviving Corporation, each to hold office until the earlier of their resignation or removal or until their respective successors are duly elected and qualified, as the case may beTime.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Management Energy, Inc.)
Officers of the Surviving Corporation. The officers of the Company immediately prior to the Effective Time shall be the initial officers of the Surviving Corporation, each to hold office until the earlier of their resignation or removal or Corporation until their respective successors are duly elected appointed and qualifiedqualified or their earlier death, as resignation or removal in accordance with the case may bearticles of organization and by-laws of the Surviving Corporation.
Appears in 1 contract
Officers of the Surviving Corporation. The officers of the Company immediately prior to the Effective Time shall be the initial officers of the Surviving CorporationCorporation immediately after the Effective Time until their successors shall have been duly elected or appointed and qualified or until their earlier death, each to hold office until the earlier of their resignation or removal or until their respective successors are duly elected in accordance with the Certificate of Incorporation and qualified, as Bylaws of the case may beSurviving Corporation.
Appears in 1 contract
Officers of the Surviving Corporation. The officers of the Company immediately prior to the Effective Time shall shall, from and after the Effective Time, be the initial officers of the Surviving Corporation, each to hold office until the their respective successors shall have been duly elected or appointed and qualified or until their earlier of their death, resignation or removal or until their respective successors are duly elected in accordance with the Charter and qualified, as the case may beBylaws.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Quality Distribution Inc)
Officers of the Surviving Corporation. The officers of the Company immediately prior to the Effective Time shall shall, from and after the Effective Time, be the initial officers of the Surviving Corporation, each to . Each such officer shall hold office until the earlier of their his or her resignation or removal or until their his or her respective successors are successor is duly elected and qualified, as the case may be.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Dell Technologies Inc)
Officers of the Surviving Corporation. The officers of the Company as of immediately prior to the Effective Time shall be the initial officers of the Surviving Corporation, each to Corporation and shall hold office until the earlier of their resignation or removal or until their respective successors are duly elected and qualified, as the case may beor their earlier death, incapacitation, retirement, resignation, or removal.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Landos Biopharma, Inc.)
Officers of the Surviving Corporation. The officers of the Company immediately prior to the Effective Time shall shall, from and after the Effective Time, be the initial officers of the Surviving Corporation, each to hold office Corporation until the earlier of their resignation or removal or until their respective successors are duly elected or appointed and qualified, as the case may be.
Appears in 1 contract
Officers of the Surviving Corporation. The officers of the Company immediately prior to the Effective Time shall be the initial officers of the Surviving Corporation, each to Corporation as of the Effective Time and shall hold office until the earlier of their resignation or removal or until their respective successors are duly appointed or elected in accordance with applicable law and qualified, as the case may be.Certificate of Incorporation and By-laws of the Surviving Corporation. Section 1.6
Appears in 1 contract
Officers of the Surviving Corporation. The officers of the Company immediately prior to the Effective Time shall shall, from and after the Effective Time, be the initial officers of the Surviving Corporation, each to hold office until the their respective successors have been duly elected or appointed and qualified or until their earlier of their death, resignation or removal or until their respective successors are duly elected in accordance with the DGCL, Certificate of Incorporation and qualified, as the case may beBylaws. The parties hereto shall take all actions necessary to give effect to this Section 3.2.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Benefytt Technologies, Inc.)
Officers of the Surviving Corporation. The Except as otherwise determined by Parent prior to the Effective Time, the officers of the Company immediately prior to the Effective Time shall shall, from and after the Effective Time, be the initial officers of the Surviving Corporation, each to hold office until the earlier of their resignation his or removal her successor has been duly elected or appointed and qualified or until their respective successors are duly elected and qualifiedhis or her earlier death, resignation, incapacity or removal, as the case may be.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Independence Holding Co)
Officers of the Surviving Corporation. The officers of the Company immediately prior to At the Effective Time shall be Time, the parties will take the necessary actions such that the initial officers of the Surviving CorporationCorporation will be the officers of the Company as of immediately prior to the Effective Time, each to hold office until in accordance with the earlier certificate of their resignation or removal or incorporation and bylaws of the Surviving Corporation until their respective successors are duly elected and qualified, as the case may be.appointed. 2.7
Appears in 1 contract
Officers of the Surviving Corporation. The officers of the Company immediately prior to the Effective Time shall be the initial officers of the Surviving Corporation, each to hold office until the earlier of their resignation or removal or Corporation until their respective successors are duly elected appointed and qualifiedqualified or their earlier death, as resignation or removal in accordance with the case may be.articles of incorporation and by-laws of the Surviving Corporation. ARTICLE 2 Effect of the Merger on the Capital Stock of the Constituent Corporations;
Appears in 1 contract
Samples: Agreement and Plan of Merger (SBS Technologies Inc)
Officers of the Surviving Corporation. The officers of the Company immediately prior to the Effective Time shall be the initial officers of the Surviving CorporationCorporation until their successors have been duly elected or appointed and qualified, each to hold office or until the their earlier of their death, resignation or removal or until their respective successors are duly elected in accordance with the certificate of incorporation and qualified, as bylaws of the case may beSurviving Corporation.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Apria Healthcare Group Inc)
