The By-Laws. At the Effective Time, the by-laws of the Company in effect at the Effective Time 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 (the “By-Laws”), until thereafter amended as provided therein or by applicable Law, subject to Section 7.13(a) of this Agreement.
Appears in 2 contracts
Sources: Merger Agreement (Netopia Inc), Merger Agreement (Netopia Inc)
The By-Laws. At the Effective Time, the by-laws of the Company in effect at the Effective Time 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 (the “By-Laws”)) attached hereto as Exhibit B, until thereafter amended as provided therein or by applicable Law, subject to Section 7.13(a) of this Agreement.
Appears in 2 contracts
Sources: Merger Agreement (Symbol Technologies Inc), Merger Agreement (Motorola Inc)
The By-Laws. At the Effective Time, the by-laws of the Company in effect at the Effective Time 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 (the “By-Laws”), until thereafter amended as provided therein or by applicable Law, subject to Section 7.13(a) of this Agreement.
Appears in 2 contracts
Sources: Merger Agreement (Computer Associates International Inc), Merger Agreement (Niku Corp)
The By-Laws. At the Effective Time, the by-by laws of the Company in effect at the Effective Time shall be amended and restated in their entirety to be identical to the by-laws of Merger SubCompany, as in effect immediately prior to the Effective Time, shall be amended and restated to read in their entirety as the by laws of Merger Sub in effect immediately prior to the Effective Time read, and as amended and restated, shall be the by laws of the Surviving Corporation (the “By-By Laws”), until thereafter amended as provided therein or by applicable Law, subject to Section 7.13(a) of this Agreement.
Appears in 2 contracts
Sources: Merger Agreement (Stride Rite Corp), Merger Agreement (Payless Shoesource Inc /De/)
The By-Laws. At the Effective Time, the by-laws of the Company in effect at the Effective Time 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 (the Time(the “By-Laws”), until thereafter amended as provided therein or by applicable Law, subject to Section 7.13(a) of this Agreement.
Appears in 2 contracts
Sources: Merger Agreement (Computer Associates International Inc), Merger Agreement (Concord Communications Inc)
The By-Laws. At the Effective Time, the by-laws of the Company in effect at the Effective Time shall will 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 (the “By-Laws”), until thereafter later amended as provided therein in the By-Laws or by applicable Law, subject to Section 7.13(a) of this Agreement.
Appears in 1 contract