3Effective Time. On or (if agreed by Buyer and Company) prior to the Closing Date, Buyer and Company, respectively, shall cause to be filed a certificate of merger with the Secretary of State of the State of Delaware (the “Delaware Secretary”) in accordance with the DGCL (the “Certificate of Merger”). The Merger shall become effective at such time as the Certificate of Merger is accepted by the Delaware Secretary or at such other time as shall be agreed to by the Company and Buyer and specified in the Certificate of Merger. The “Effective Time” shall mean the date and time when the Merger becomes effective as set forth in the Certificate of Merger.
Appears in 2 contracts
Sources: Merger Agreement (Old Second Bancorp Inc), Merger Agreement (Old Second Bancorp Inc)