Second Merger definition

Second Merger has the meaning set forth in the Recitals.

Second Merger is defined in the recitals to this Agreement.

Second Merger has the meaning specified in the recitals hereto.

Examples of Second Merger in a sentence

• The Second Merger shall become effective at the date and time of such filing of the Second Certificate of Merger, or such later time as may be agreed by each of the parties hereto and specified in the Second Certificate of Merger (such time being the “Second Effective Time”).

• Merger Sub II is a corporation newly formed for the sole purpose of effecting the Second Merger, and has not engaged in any activity other than as contemplated in this Agreement.

• If the Second Merger Closing has not occurred prior to August 26, 2024, then Orca Midco shall have the right (subject to and in accordance with the terms and procedures set forth in Section 9.31 and this Section 9.34) to receive an advance from the funds then held in the Divestiture Proceeds Escrow Account in an amount equal to the Second Distribution Amount.

• The Second Step Merger shall become effective at such time specified in the Second Merger Articles of Merger in accordance with the relevant provisions of the RSM and the DGCL, or at such other time as shall be provided by applicable law (such time hereinafter referred to as the “Second Effective Time”).

• Each of First Merger Sub and Second Merger Sub is a direct, wholly owned Subsidiary of Parent, was formed solely for the purpose of engaging in the Transactions, has engaged in no other business activities and has conducted its operations only as contemplated by this Agreement.

More Definitions of Second Merger

Second Merger has the meaning specified in Section 2.01(b).

Second Merger means the merger of the Surviving Corporation with and into Second Merger Sub, with Second Merger Sub continuing as the Surviving Entity.

Second Merger. , "Second Merger Agreement", "Second Merger Sub" and "Second Surviving Corporation" and the respective definitions of such terms as set forth in the preamble of this Amendment are hereby incorporated in the Amended Rights Agreement under the heading "Certain Definitions" in Section 1 thereof.

Second Merger has the meaning given such term in the Recitals of this Agreement.

Second Merger has the meaning set forth in the Background.

Second Merger as defined in the Recitals.

Second Merger shall have the meaning set forth in the Recitals of this CVR Agreement.