Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a), the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will become the bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 9 contracts
Samples: Agreement and Plan of Merger (Rover Group, Inc.), Agreement and Plan of Merger (STAMPS.COM Inc), Agreement and Plan of Merger (Instructure Inc)
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a), the bylaws of Merger Sub, Sub as in effect immediately prior to the Effective Time, will Time shall become the bylaws of the Surviving Corporation Corporation, except that all references to Merger Sub shall be automatically amended and shall become references to the Surviving Corporation, until thereafter amended in accordance with the applicable provisions of as provided by the DGCL, the certificate of incorporation of the Surviving Corporation and such bylawsbylaws (subject to Section 6.10(a)).
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Powerschool Holdings, Inc.), Agreement and Plan of Merger (Perficient Inc), Agreement and Plan of Merger (Kaleyra, Inc.)
Bylaws. At Subject to the terms of Section 7.11, at the Effective Time, subject to the provisions of Section 6.10(a), the bylaws Bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will shall become the bylaws Bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate Certificate of incorporation Incorporation of the Surviving Corporation and such bylawsBylaws.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Imperva Inc), Agreement and Plan of Merger (Barracuda Networks Inc), Merger Agreement (Rofin Sinar Technologies Inc)
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a), the bylaws of Merger Sub, Sub as in effect immediately prior to the Effective Time, will Time shall become the bylaws of the Surviving Corporation Corporation, except that all references to Merger Sub shall be automatically amended and shall become references to the Surviving Corporation, until thereafter amended in accordance with the applicable provisions of as provided by the DGCL, the certificate of incorporation of the Surviving Corporation and such bylawsbylaws (subject to Section 6.8(a)).
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Haynes International Inc), Agreement and Plan of Merger (Haynes International Inc), Agreement and Plan of Merger (Poshmark, Inc.)
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a), the bylaws of Merger Sub, Sub as in effect immediately prior to the Effective Time, will Time shall become the bylaws of the Surviving Corporation Corporation, except that all references to Merger Sub shall be automatically amended and shall become references to the Surviving Corporation, until thereafter amended in accordance with the applicable provisions of as provided by the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Enova International, Inc.), Agreement and Plan of Merger (Enova International, Inc.), Agreement and Plan of Merger (Enova International, Inc.)
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a), the The bylaws of Merger Sub, as in effect Sub immediately prior to the Effective Time, will become Time shall be the bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of Surviving Certificate and the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Langner Jay B), Agreement and Plan of Merger (BNC Mortgage Inc), Agreement and Plan of Merger (Buckley Evan R)
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a), the bylaws of Merger Sub, Sub as in effect immediately prior to the Effective Time, will Time shall become the bylaws of the Surviving Corporation Corporation, except that all references to Merger Sub shall be automatically amended and shall become references to the Surviving Corporation, until thereafter amended in accordance with the applicable provisions of as provided by the DGCL, the certificate of incorporation of the Surviving Corporation and such bylawsbylaws (subject to Section 6.9(a)).
Appears in 4 contracts
Samples: Agreement and Plan of Merger (CVS HEALTH Corp), Agreement and Plan of Merger (Oak Street Health, Inc.), Agreement and Plan of Merger (Datto Holding Corp.)
Bylaws. At Subject to Section 6.7(d), at the Effective Time, subject to the provisions of Section 6.10(a), the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will shall become the bylaws of the Surviving Corporation Corporation, until thereafter changed or amended in accordance with as provided by the applicable provisions of the DGCLTBCA, the certificate of incorporation charter of the Surviving Corporation and such bylaws.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Fidelity National Financial, Inc.), Agreement and Plan of Merger (Alexanders J Corp), Agreement and Plan of Merger (Fidelity National Financial, Inc.)
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a), the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will become be the bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Medallia, Inc.), Agreement and Plan of Merger (Forescout Technologies, Inc), Agreement and Plan of Merger (Forescout Technologies, Inc)
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a)6.10, the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will become the bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Tessco Technologies Inc), Agreement and Plan of Merger (Cloudera, Inc.), Agreement and Plan of Merger (RealPage, Inc.)
Bylaws. At the Merger Effective Time, subject to the provisions of Section 6.10(a)6.07, the bylaws of Merger Sub, the Company as in effect immediately prior to amended and restated at the Charter Effective Time, will become Time shall remain the bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylawsbylaws (subject to the provisions of Section 6.07).
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Brookfield Property Partners L.P.), Agreement and Plan of Merger (Brookfield Asset Management Inc.), Agreement and Plan of Merger (GGP Inc.)
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a), the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will become be the bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCLTBOC, the certificate articles of incorporation of the Surviving Corporation and such bylaws.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (True Wind Capital, L.P.), Agreement and Plan of Merger (Zix Corp), Agreement and Plan of Merger (Open Text Corp)
Bylaws. At Subject to Section 6.6(b), at the Effective Time, subject to the provisions of Section 6.10(a), the bylaws of Merger Sub, Sub as in effect immediately prior to the Effective Time, will become Time shall be the bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylawsCorporation.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Plato Learning Inc), Agreement and Plan of Merger (Lightspan Inc)
Bylaws. At Subject to Section 6.8(c), at the Effective Time, subject to the provisions of Section 6.10(a), the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will shall become the bylaws of the Surviving Corporation Company, until thereafter changed or amended in accordance with the applicable provisions of as provided by the DGCL, the certificate of incorporation of the Surviving Corporation Company and such bylaws.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (HealthSpring, Inc.), Agreement and Plan of Merger (Cigna Corp)
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a), the bylaws of the Surviving Corporation will be amended and restated to be the bylaws of Merger Sub, Sub as in effect immediately prior to the Effective Time, will become Time (with the bylaws name of the Surviving Corporation being “Everbridge, Inc.”), until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Everbridge, Inc.), Agreement and Plan of Merger (Everbridge, Inc.)
Bylaws. At the Effective Time, subject to the provisions of compliance with Section 6.10(a)6.11, the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will shall become the bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Sandisk Corp), Agreement and Plan of Merger (Fusion-Io, Inc.)
Bylaws. At Subject to Section 5.6, at the Effective Time, subject to the provisions of Section 6.10(a), Time the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will shall become the bylaws of the Surviving Corporation Corporation, until thereafter changed or amended in accordance with the applicable provisions of as provided by the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Wellpoint, Inc), Agreement and Plan of Merger (Amerigroup Corp)
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a6.11(a), the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will shall become the bylaws of the Surviving Corporation (with such changes, to be effective at the Effective Time, as Parent proposes) until thereafter amended in accordance with the applicable provisions of the DGCLMBCA, the certificate articles of incorporation organization of the Surviving Corporation and such bylawsbylaws (subject to the provisions of Section 6.11(a).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Cohu Inc), Agreement and Plan of Merger (Xcerra Corp)
Bylaws. At the Effective Time, subject Subject to the provisions of Section 6.10(a6.01(a), the bylaws of Merger Sub, as Sub in effect immediately prior to the Effective Time, Time will become be the bylaws of the Surviving Corporation after the consummation of the Merger until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylawslaw.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Fabri Centers of America Inc), Agreement and Plan of Merger (Isomedix Inc)
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a), the bylaws of Merger Sub, as Sub in effect immediately prior to the Effective Time, will Time shall become the bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Maxlinear Inc), Agreement and Plan of Merger (Exar Corp)
Bylaws. At the Effective Time, subject Subject to the provisions of Section 6.10(a6.01(a), the bylaws of Merger Sub, as Sub in effect immediately prior to the Effective Time, Time will become be the bylaws of the Surviving Corporation after the consummation of the Merger until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylawsApplicable Law.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Cit Group Inc), Agreement and Plan of Merger (Education Lending Group Inc)
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a6.1(a), the bylaws Bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will shall become the bylaws Bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate Certificate of incorporation Incorporation of the Surviving Corporation and such bylawsBylaws.
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Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a)6.9, the bylaws of Merger Sub, Sub as in effect immediately prior to the Effective Time, Time will become the bylaws of the Surviving Corporation (with the name of the Surviving Corporation being “Transphorm, Inc.”), until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 1 contract
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a6.10(a), the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will become the bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 1 contract
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a6.9(a), the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will become be the bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
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Bylaws. At Subject to the terms of Section 6.8(a), at the Effective Time, subject to the provisions of Section 6.10(a), the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will shall become the bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Champps Entertainment Inc)
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a6.9(a), the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will become the bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
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Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a), the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will shall become the bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylawsbylaws (subject to the provisions of Section 6.10(a)).
Appears in 1 contract
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a), the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will become the bylaws of the Surviving Corporation (except that all references therein to Merger Sub shall be automatically amended and shall become references to the Surviving Corporation) until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Omnicomm Systems Inc)
Bylaws. At From and after the Effective Time, subject to the provisions of Section 6.10(a), the bylaws of Merger Sub, Sub as in effect immediately prior to the Effective Time, will become Time shall be the bylaws of the Surviving Corporation until thereafter amended in accordance with the provisions thereof and applicable provisions of Law, in each case consistent with the DGCL, the certificate of incorporation of the Surviving Corporation and such bylawsobligations set forth in Section 6.6.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Digital Realty Trust, L.P.)
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a), the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will become the bylaws of the Surviving Corporation Corporation, except that all references to Merger Sub shall be automatically amended and shall become references to the Surviving Corporation, until thereafter amended in accordance with the applicable provisions of the DGCLGBCC, the certificate articles of incorporation of the Surviving Corporation and such bylaws.
Appears in 1 contract
Bylaws. At Subject to Section 5.6, at the Effective Time, subject to the provisions of Section 6.10(a), Time the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will shall become the bylaws of the Surviving Corporation Corporation, until thereafter changed or amended in accordance with the applicable provisions of as provided by the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.bylaws.
Appears in 1 contract
Samples: Agreement and Plan of Merger
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a6.8(a), the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will shall become the bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 1 contract
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a), the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will shall become the bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCLMBCA, the certificate articles of incorporation organization of the Surviving Corporation and such bylawsbylaws (subject to the provisions of Section 6.10(a)).
Appears in 1 contract
Bylaws. At the Effective Time, by virtue of the Merger and without any further action on the part of the Company or Merger Sub, subject to the provisions of Section 6.10(a), the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will become the bylaws of the Surviving Corporation Corporation, except that all references to Merger Sub shall be automatically amended and shall become references to the Surviving Corporation, until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 1 contract
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a), the bylaws of the Surviving Corporation will be amended and restated to be the bylaws of Merger Sub, Sub as in effect immediately prior to the Effective Time, will become Time (with the bylaws name of the Surviving Corporation being “ForgeRock, Inc.”), until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 1 contract
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a6.10(b), the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will become the bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 1 contract
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a), the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will become the bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.. Table of Contents
Appears in 1 contract
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a)5.11, the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will become the bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 1 contract
Bylaws. At the Effective Time, subject to the provisions of compliance with Section 6.10(a)6.10, the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will shall become the bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Lattice Semiconductor Corp)
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a), the bylaws of the Surviving Corporation will be amended and restated to be the bylaws of Merger Sub, Sub as in effect immediately prior to the Effective Time, will become Time (with the bylaws name of the Surviving Corporation being “Sumo Logic, Inc.”), until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 1 contract
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a)6.10, the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will become be the bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 1 contract
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a), the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will become the bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.. 2.6
Appears in 1 contract
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a), the bylaws of the Surviving Corporation will be amended and restated to be the bylaws of Merger Sub, Sub as in effect immediately prior to the Effective Time, will become Time (with the bylaws name of the Surviving Corporation being “Momentive Global Inc.”), until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Momentive Global Inc.)
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a7.9(a), the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will become be the bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
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Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a)6.7, the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will become the bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Castlight Health, Inc.)
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a), the 6.9(a),the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will shall become the bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Medidata Solutions, Inc.)
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a), the bylaws Bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will shall become the bylaws Bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation Charter of the Surviving Corporation and such bylawsBylaws.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Sumtotal Systems Inc)
Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a6.8(a), the bylaws Bylaws of Merger Sub, as in effect immediately prior to the Effective Time, will shall become the bylaws Bylaws of the Surviving Corporation until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate Certificate of incorporation Incorporation of the Surviving Corporation and such bylawsBylaws.
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Bylaws. At the Effective Time, subject to the provisions of Section 6.10(a), the bylaws of the Surviving Corporation will be amended and restated to be the bylaws of Merger Sub, Sub as in effect immediately prior to the Effective Time, will become Time (with the bylaws name of the Surviving Corporation being “Alteryx, Inc.”), until thereafter amended in accordance with the applicable provisions of the DGCL, the certificate of incorporation of the Surviving Corporation and such bylaws.
Appears in 1 contract
