Common use of The Mergers Clause in Contracts

The Mergers. (a) Upon the terms and subject to the conditions set forth in Article VIII, and in accordance with the DGCL, at the Effective Time, First Merger Sub shall be merged with and into the Company. As a result of the First Merger, the separate corporate existence of First Merger Sub shall cease and the Company shall continue as the Surviving Corporation (provided that references to the Company for periods after the Effective Time until the Second Effective Time shall include the Surviving Corporation).

Appears in 2 contracts

Samples: Business Combination Agreement (BTRS Holdings Inc.), Business Combination Agreement (South Mountain Merger Corp.)

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The Mergers. (a) Upon the terms and subject to the conditions set forth in Article VIIIthis Agreement, and in accordance with the DGCLDGCL and MBCA, at the First Effective Time, First Merger Sub 1 shall be merged with and into the Company. As a result of the First Merger, whereupon the separate corporate existence of First Merger Sub shall 1 will cease and the Company shall continue as the Surviving Corporation surviving corporation (provided that references to the Company for periods after the Effective Time until the Second Effective Time shall include the “First Surviving Corporation).

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Abbott Laboratories), Agreement and Plan of Merger (St Jude Medical Inc)

The Mergers. (a) Upon the terms and subject to the conditions set forth in Article VIII, and in accordance with the DGCL, at the Effective Time, First Merger Sub shall be merged with and into the Company. As a result of the First Merger, the separate corporate existence of First Merger Sub shall cease and the Company shall continue as the Surviving Corporation surviving corporation of the First Merger (provided that references to the Company for periods after the Effective Time until the Second Effective Time shall include the Surviving Corporation).

Appears in 2 contracts

Samples: Merger Agreement and Plan of Reorganization (Isleworth Healthcare Acquisition Corp.), Registration Rights Agreement (GX Acquisition Corp.)

The Mergers. (a) Upon the terms and subject to the conditions set forth in Article VIII, and in accordance with the DGCLthis Agreement, at the First Effective TimeTime (as defined in Section 1.3), First Merger Sub shall be merged with and into the Company. As a result By virtue of the First Merger, at the First Effective Time, the separate corporate existence of First Merger Sub shall cease and the Company shall continue as the Surviving Corporation surviving corporation in the First Merger (provided that references to the Company for periods after the Effective Time until the Second Effective Time shall include the Surviving Corporation).

Appears in 2 contracts

Samples: Agreement and Plan of Merger and Reorganization (Sirenza Microdevices Inc), Agreement and Plan of Merger and Reorganization (Rf Micro Devices Inc)

The Mergers. (a) Upon the terms and subject to the conditions set forth in Article VIII, and following the Domestication, and in accordance with the DGCL, at the Effective Time, First Merger Sub shall be merged with and into the Company. As a result of the First Merger, the separate corporate existence of First Merger Sub shall cease and the Company shall continue as the Surviving Corporation surviving corporation of the First Merger (provided that references to the Company for periods after the Effective Time until the Second Effective Time shall include the Surviving Corporation).

Appears in 1 contract

Samples: Business Combination Agreement (Tortoise Acquisition Corp. II)

The Mergers. (a) Upon Pursuant to the terms and subject to the conditions set forth in Article VIII, this Agreement and in accordance with the DGCL, at the First Effective Time, First Merger Sub 1 shall be merged with and into the Company. As a result of the First Merger, the separate corporate existence of First Merger Sub 1 shall thereupon cease and the Company shall will continue as the Surviving Corporation (provided that references surviving corporation in the First Merger. The corporation surviving the First Merger is sometimes hereinafter referred to as the Company for periods after the Effective Time until the Second Effective Time shall include the “First Surviving Corporation).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Teladoc Health, Inc.)

The Mergers. (a) Upon the terms and subject to the conditions set forth in Article VIIIVII, and in accordance with the DGCLDGCL and DLLCA, at the First Effective Time, First Merger Sub I shall be merged with and into the Company. As a result of the First Merger, the separate corporate existence of First Merger Sub I shall cease and the Company shall continue as the surviving company of the First Merger (the “First Surviving Corporation (provided that references to the Company for periods after the Effective Time until the Second Effective Time shall include the Surviving CorporationCompany”).

Appears in 1 contract

Samples: Business Combination Agreement (ITHAX Acquisition Corp.)

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The Mergers. (a) Upon Pursuant to the terms and subject to the conditions set forth in Article VIIIof this Agreement, at the First Effective Time (as defined below), the Company and Merger Sub 1 shall consummate the First Merger in accordance with the DGCL, at the Effective Time, First DGCL pursuant to which Merger Sub 1 shall be merged with and into the Company. As a result of the First Merger, Company and the separate corporate existence of Merger Sub 1 shall thereupon cease. The corporation surviving the First Merger Sub shall cease and the Company shall continue is sometimes hereinafter referred to as the Surviving Corporation (provided that references to the Company for periods after the Effective Time until the Second Effective Time shall include the “First Surviving Corporation).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Teladoc, Inc.)

The Mergers. (a) Upon At the First Effective Time, on the terms and subject to the conditions set forth in Article VIIIthis Agreement, and in accordance with the DGCL, at the Effective Time, First Merger Sub shall be merged merge with and into the Company. As a result of the First Merger, the separate corporate limited liability company existence of First Merger Sub shall cease and the Company shall continue as the Surviving Corporation (provided that references to the Company for periods after the Effective Time until the Second Effective Time shall include the Surviving Corporation)surviving company and become a wholly-owned subsidiary of Parent.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Repay Holdings Corp)

The Mergers. (a) Upon the terms and subject to the conditions set forth in Article VIII, and in accordance with the DGCL, at the Effective Time, First Merger Sub shall be merged with and into the Company. As a result of the First Merger, the separate corporate existence of First Merger Sub shall cease and the Company shall continue as the Surviving Corporation surviving corporation of the First Merger (provided that references to the Company for periods after the Effective Time until the Second Effective Time shall include the Surviving Corporation).

Appears in 1 contract

Samples: Business Combination Agreement (Apex Technology Acquisition Corp)

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