The Merger outlines how the parties will merge, and who will survive it.
Merger of Merger Sub Into Company
Merger Sub Will Merge into the Company. At the Effective Time, the Merger Sub will merge with and into Company, on the terms and subject to the conditions of this agreement, and under the [APPLICABLE STATE STATUTES].
The Company Will Survive. The Company will be the surviving entity of the Merger (“Surviving Company”), and the Merger Sub’s separate corporate existence will end.