Inconsistent Provisions. In the event that any provision of these Bylaws is or becomes inconsistent with any provision of the Certificate of Incorporation, the DGCL or any other applicable law, such provision of these Bylaws shall not be given any effect to the extent of such inconsistency but shall otherwise be given full force and effect.
Appears in 9 contracts
Sources: Merger Agreement (Summit Midstream Partners, LP), Business Combination Agreement (CBRE Acquisition Holdings, Inc.), Merger Agreement (GigCapital4, Inc.)
Inconsistent Provisions. In the event that any provision of these Bylaws is or becomes inconsistent with any provision of the Certificate of Incorporation, the DGCL or any other applicable law, such the provision of these Bylaws shall not be given any effect to the extent of such inconsistency but shall otherwise be given full force and effect.
Appears in 7 contracts
Sources: Merger Agreement (2seventy Bio, Inc.), Business Combination Agreement (Pioneer Merger Corp.), Agreement and Plan of Merger (Supermedia Inc.)
Inconsistent Provisions. In the event that any provision of these Bylaws is or becomes inconsistent with any provision of the Amended and Restated Certificate of Incorporation, the DGCL or any other applicable law, such provision of these Bylaws shall not be given any effect to the extent of such inconsistency but shall otherwise be given full force and effect.
Appears in 5 contracts
Sources: Agreement and Plan of Merger (Dell Technologies Inc), Waiver (Vmware, Inc.), Voting and Support Agreement (Dodge & Cox)
Inconsistent Provisions. In the event that any provision of these Bylaws By-Laws is or becomes inconsistent with any provision of the Certificate of Incorporation, the DGCL or any other applicable law, such the provision of these Bylaws By-Laws shall not be given any effect to the extent of such inconsistency but shall otherwise be given full force and effect.
Appears in 5 contracts
Sources: Merger Agreement (Thorne Healthtech, Inc.), Agreement and Plan of Merger (Supermedia Inc.), Agreement and Plan of Merger (DEX ONE Corp)
Inconsistent Provisions. In the event that any provision of these Bylaws By-laws is or becomes inconsistent with any provision of the Certificate of Incorporation, the DGCL or any other applicable law, such the provision of these Bylaws By-laws shall not be given any effect to the extent of such inconsistency but shall otherwise be given full force and effect.
Appears in 2 contracts
Sources: Revolving Credit, Term Loan and Security Agreement (PHI Group, Inc./De), Revolving Credit, Term Loan and Security Agreement (PHI Group, Inc./De)
Inconsistent Provisions. In the event that any provision of these Bylaws by-laws is or becomes inconsistent with any provision of the Certificate corporation’s certificate of Incorporationincorporation, the DGCL or any other applicable law, such the provision of these Bylaws by-laws shall not be given any effect to the extent of such inconsistency but shall otherwise be given full force and effect.
Appears in 2 contracts
Sources: Merger Agreement (Ritchie Bros Auctioneers Inc), Merger Agreement (IAA, Inc.)
Inconsistent Provisions. In the event that any provision of these Bylaws is or becomes inconsistent with any provision of the Certificate of IncorporationCertificate, the DGCL or any other applicable law, such the provision of these Bylaws shall not be given any effect to the extent of such inconsistency but shall otherwise be given full force and effect.
Appears in 2 contracts
Sources: Merger Agreement (Flexion Therapeutics Inc), Merger Agreement (Pacira BioSciences, Inc.)
Inconsistent Provisions. In the event that any provision of these Bylaws bylaws is or becomes inconsistent with any provision of the Certificate of Incorporation, the DGCL or any other applicable law, such the provision of these Bylaws bylaws shall not be given any effect to the extent of such inconsistency but shall otherwise be given full force and effect.
Appears in 1 contract
Sources: Merger Agreement (Cerevel Therapeutics Holdings, Inc.)
Inconsistent Provisions. In the event that any provision of these Bylaws by-laws is or becomes inconsistent with any provision of the Certificate of Incorporation, the DGCL or any other applicable law, such the provision of these Bylaws by-laws shall not be given any effect to the extent of such inconsistency but shall otherwise be given full force and effect.
Appears in 1 contract
Sources: Merger Agreement (Cellular Biomedicine Group, Inc.)
Inconsistent Provisions. In the event that any provision of these Bylaws is or becomes inconsistent with any provision of the Certificate of Incorporation, the DGCL or DGCL, any other applicable law, or the Stockholders’ Agreement, such provision of these Bylaws shall not be given any effect to the extent of such inconsistency but shall otherwise be given full force and effect.
Appears in 1 contract
Sources: Stockholder Agreement
Inconsistent Provisions. In the event that If any provision of these Bylaws is or becomes inconsistent with any provision of the Certificate of Incorporation, the DGCL or any other applicable law, such the provision of these Bylaws shall not be given any effect to the extent of such inconsistency but shall otherwise be given full force and effect.
Appears in 1 contract
Sources: Merger Agreement (Zila Inc)
Inconsistent Provisions. In the event that any provision of these Bylaws is or becomes inconsistent with any provision of the Second Amended and Restated Certificate of Incorporation, the DGCL or any other applicable law, such provision of these Bylaws shall not be given any effect to the extent of such inconsistency but shall otherwise be given full force and effect.
Appears in 1 contract
Inconsistent Provisions. In the event that any provision of these Bylaws is or becomes inconsistent with any provision of the Certificate certificate of Incorporationincorporation, the DGCL or any other applicable law, such the provision of these Bylaws shall not be given any effect to the extent of such inconsistency but shall otherwise be given full force and effect.
Appears in 1 contract
Sources: Merger Agreement (Olo Inc.)
Inconsistent Provisions. In the event that any provision of these Bylaws is or becomes inconsistent with any provision of the Restated Certificate of Incorporation, the DGCL or any other applicable law, such provision of these Bylaws shall not be given any effect to the extent of such inconsistency but shall otherwise be given full force and effect.
Appears in 1 contract