5748 - Application to surviving or new corporations.

     § 5748.  Application to surviving or new corporations.        (a)  General rule.--Except as provided in subsection (b), for     the purposes of this subchapter, references to "the corporation"     include all constituent corporations absorbed in a     consolidation, merger or division, as well as the surviving or     new corporations surviving or resulting therefrom, so that any     person who is or was a representative of the constituent,     surviving or new corporation, or is or was serving at the     request of the constituent, surviving or new corporation as a     representative of another domestic or foreign corporation for     profit or not-for-profit, partnership, joint venture, trust or     other enterprise, shall stand in the same position under the     provisions of this subchapter with respect to the surviving or     new corporation as he would if he had served the surviving or     new corporation in the same capacity.        (b)  Divisions.--Notwithstanding subsection (a), the     obligations of a dividing corporation to indemnify and advance     expenses of its representatives, whether arising under this     subchapter or otherwise, may be allocated in a division in the     same manner and with the same effect as any other liability of     the dividing corporation.     (Dec. 19, 1990, P.L.834, No.198, eff. imd.; June 22, 2001,     P.L.418, No.34, eff. 60 days)