The Bylaws. At the Effective Time, the Amended and Restated Bylaws of the Company shall be amended in their entirety to read the same as the bylaws of Merger Sub immediately prior to the Effective Time, and as so amended shall be the bylaws of the Surviving Corporation (the “Bylaws”), until thereafter amended as provided therein or in accordance with applicable Law.
Appears in 2 contracts
Sources: Merger Agreement (Krispy Kreme Doughnuts Inc), Merger Agreement (Peets Coffee & Tea Inc)
The Bylaws. At Subject to Section 5.12(a), at the Effective Time, the Amended and Restated Bylaws bylaws of the Company shall be amended in their entirety and restated to read the same as conform to the bylaws of Merger Sub immediately prior (except that references to the Effective Time, and as so amended name of Merger Sub shall be replaced with the bylaws name of the Surviving Corporation Company) (the “Bylaws”), and as so amended and restated shall be the Bylaws of the Surviving Company until thereafter amended as provided therein or in accordance with by applicable Law.
Appears in 2 contracts
Sources: Merger Agreement (Twilio Inc), Merger Agreement (SendGrid, Inc.)
The Bylaws. At the Effective Time, the Amended and Restated Bylaws bylaws of the Company shall be amended in their entirety and restated to read the same as conform to the bylaws of Merger Sub immediately prior (except that references to the Effective Time, and as so amended name of Merger Sub shall be replaced with the bylaws name of the Surviving Corporation Company) (the “Bylaws”), and as so amended and restated shall be the Bylaws of the Surviving Company until thereafter amended as provided therein or in accordance with by applicable Law.
Appears in 2 contracts
Sources: Merger Agreement (Engility Holdings, Inc.), Merger Agreement (Science Applications International Corp)
The Bylaws. At the Effective Time, the Amended and Restated Bylaws bylaws of the Company shall be amended in their entirety and restated to read the same as conform to the bylaws of Merger Sub immediately prior (except that references to the Effective Time, and as so amended name of Merger Sub shall be replaced with the bylaws name of the Surviving Corporation Company) (the “Bylaws”), and as so amended and restated shall be the Bylaws of the Surviving Corporation until thereafter amended as provided therein or in accordance with by applicable Law.
Appears in 1 contract
Sources: Merger Agreement (Metacrine, Inc.)