Common use of 3Effective Time Clause in Contracts

3Effective Time. Subject to the provisions of this Agreement, as soon as practicable on the Closing Date, the Company shall deliver to Buyer and Merger Sub a certificate of merger, executed in accordance with, and in such form as is required by, the relevant provisions of the Act (the “Certificate of Merger”). The Merger shall become effective upon the filing of the Certificate of Merger with the Secretary of State of the State of Delaware or at such later time as is agreed to by the parties hereto and specified in the Certificate of Merger in accordance with the Act (the time at which the Merger becomes effective is referred to herein as the “Effective Time”).

Appears in 1 contract

Sources: Merger Agreement (TopBuild Corp)

3Effective Time. Subject to the provisions of this Agreement, as soon as practicable on or after the Closing Date, the Company parties shall deliver to Buyer and file a Certificate of Merger Sub a certificate of merger, executed in accordance with, and in such form as is required by, the relevant provisions of the Act (the “Certificate of Merger”)) executed in accordance with the relevant provisions of the DGCL and shall make all other filings or recordings required under the DGCL. The Merger shall become effective upon the filing of at such time as the Certificate of Merger is duly filed with the Delaware Secretary of State of the State of Delaware State, or at such later other time as is agreed to by the parties hereto AcquisitionSub and KeyOn shall agree should be specified in the Certificate of Merger in accordance with the Act (the time at which the Merger becomes effective is being hereinafter referred to herein as the “Effective Time”).

Appears in 1 contract

Sources: Merger Agreement (KeyOn Communications Holdings Inc.)