Common use of The By-Laws Clause in Contracts

The By-Laws. At the Effective Time, the by-laws of the Surviving Corporation shall be amended and restated in their entirety to be identical to the by-laws of Merger Sub as in effect immediately prior to the Effective Time, except as to the name of the Surviving Corporation (the “By-Laws”).

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Biomet Inc), Agreement and Plan of Merger (Interpore International Inc /De/)

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The By-Laws. At the Effective Time, the by-laws of the Surviving Corporation shall be amended and restated in their entirety to be identical to the by-laws of Merger Sub as in effect immediately prior to the Effective Time, except as to the name of the Surviving Corporation (the “By-Laws”), until thereafter amended as provided therein or by applicable Laws.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (ReAble Therapeutics Finance LLC), Agreement and Plan of Merger (Djo Inc)

The By-Laws. At the Effective Time, the byThe By-laws of the Surviving Corporation shall be amended and restated in their entirety immediately after the Effective Time to be identical conform to the byBy-laws of the Merger Sub as in effect immediately prior to the Effective Time, except as to the name of the Surviving Corporation (the “By-Laws”).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Molecular Biosystems Inc)

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The By-Laws. At the Effective Time, the The by-laws of the Surviving Corporation shall be amended and restated in their entirety to be identical to the form of the by-laws of Merger Sub as in effect immediately prior to at the Effective Time, except as to the name of the Surviving Corporation Time (the "Surviving By-Laws"), until duly amended as provided in ----------------- the Surviving By-Laws or by applicable law.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Recapitalization (Wilmar Industries Inc)

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