Completion of the Merger. At the Effective Time (as defined below), Sub will be merged with and into PSP (the "Merger") in accordance with the terms, conditions and provisions of this Agreement and the Certificate of Merger. The Merger shall become effective at the time at which the Certificate of Merger is filed with the California Secretary of State in accordance with the CRLPA, except that if the Certificate of Merger specifies a date subsequent to the date of such filing on which the Merger is to become effective, the Merger shall be effective on such specified subsequent date (the "Effective Time"). Sub and PSP are sometimes collectively referred to herein as the "Constituent Entities" and PSP, as the surviving entity in the Merger, is sometimes referred to herein as the "Surviving Entity."
Completion of the Merger. The Merger shall have been consummated.
Completion of the Merger. 9.1. The completion of the merger and exchange of shares is conditional on the following:
Completion of the Merger. Completion of the Merger shall take place on the Merger Date, being the last day of the month to which the day when the conditions set out above are all satisfied (excluding those explicitly waived by the Parties in writing to the extent permitted by applicable laws) belongs.
Completion of the Merger. The Merger shall have become effective under the DGCL.
Completion of the Merger. The Lender shall be under no obligation to make any Advances of the Loan following the termination of the Merger Agreement for any reason (other than the consummation of the Merger Transaction contemplated thereby).
Completion of the Merger. At the Effective Time (as defined below), PSP20 will be merged with and into PSI (the "Merger") in accordance with the terms, conditions and provisions of this Agreement and the Merger Agreement. The Merger shall become effective at the time at which the Merger Agreement, together with the requisite Officers' Certificates of PSI and PSP20 are filed with the California Secretary of State in accordance with the GCLC (the "Effective Time"). PSI and PSP20 are sometimes collectively referred to herein as the "Constituent Corporations" and PSI, as the surviving corporation of the Merger, is sometimes referred to herein as the "Surviving Corporation."
Completion of the Merger. The Administrative Agent shall have received a certificate executed by a Responsible Officer of BHI certifying that the Merger has been completed;
Completion of the Merger. Concurrently with the Closing or at such later date and time as may be mutually agreed in writing by the Company and Purchaser, the Agreement of Merger shall be filed with the Office of the Secretary of State of the State of Delaware in accordance with the DGCL.
Completion of the Merger. Upon the Closing, the parties hereto shall cause the Merger to be completed by filing with the Secretary of State of the State of Delaware a properly executed certificate of merger (the "MERGER CERTIFICATE") in accordance with the DGCL, which shall be effective upon filing or on such later date as may be agreed by the parties and specified therein (the time of such effectiveness being the "EFFECTIVE TIME").
