The Certificate of Incorporation. The certificate of incorporation of Merger Sub as in effect immediately prior to the Effective Time shall be the certificate of incorporation of the Surviving Corporation (the "Charter"), except that Article FIRST of the Charter shall be amended to provide that the name of the Surviving Corporation shall be the name of the Company.
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Samples: Agreement and Plan of Merger (Merck & Co Inc), Agreement and Plan (Merck & Co Inc)
The Certificate of Incorporation. The certificate of incorporation of the Surviving Corporation shall be amended and restated in the form of the certificate of incorporation of Merger Sub as in effect immediately prior to the Effective Time shall be the certificate of incorporation of the Surviving Corporation (the "Surviving Charter"), until duly amended as provided in the Surviving Charter or by applicable law, except that Article FIRST that, as of the Charter Effective Time, Article I of such certificate of incorporation shall be amended to provide that the read as follows: "The name of the Surviving Corporation shall be the name of the Company.corporation is Wilmar Industries, Inc."
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Recapitalization (Green William S), Agreement and Plan of Merger and Recapitalization (Parthanon Investors Lp)
The Certificate of Incorporation. The certificate of -------------------------------- incorporation of the Company shall be amended as of the Effective Time so that it is identical to the certificate of incorporation of Merger Sub as in effect immediately prior to the Effective Time Time, except that Article FIRST of the Charter shall provide that the name of the Company shall be the name of the Surviving Corporation, and such certificate shall be the certificate of incorporation of the Surviving Corporation (the "Charter"), except that Article FIRST of the Charter shall be amended to provide that the name of the Surviving Corporation shall be the name of the Company.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Dupont E I De Nemours & Co), Agreement and Plan of Merger (Dupont E I De Nemours & Co)
The Certificate of Incorporation. The certificate of incorporation of Merger Sub as in effect immediately prior to At the Effective Time shall be Time, the certificate of incorporation of the Surviving Corporation (the "βCharter"), except that Article FIRST of the Charter β) shall be amended in its entirety to provide that be in the name form of the Surviving Corporation shall be (except with respect to the name of the Company) the certificate of incorporation of Merger Sub, until thereafter amended as provided therein or by applicable Law (subject to Section 6.11).
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