Effecting the Merger. Upon the terms and subject to the conditions set forth in this Agreement, and in accordance with the DGCL, concurrently with the Closing, Parent and the Company shall cause a certificate of merger (the “Certificate of Merger”) to be executed, acknowledged and delivered to the Office of the Secretary of State of the State of Delaware for filing, all in accordance with the applicable provisions of the DGCL.
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Samples: Agreement and Plan of Merger (Stillwater Mining Co /De/), Agreement and Plan of Merger (Tumi Holdings, Inc.), Agreement and Plan of Merger (Constant Contact, Inc.)
Effecting the Merger. Upon the terms and subject to the conditions set forth in this Agreement, and in accordance with the DGCL, concurrently with at the Closing, Parent Parent, Merger Sub and the Company shall cause a certificate of merger in such form as required by and in accordance with the applicable provisions of the DGCL (the “Certificate of Merger”) ), to be executed, acknowledged executed and delivered to filed with the Office of the Secretary of State of the State of Delaware for filing, all in accordance with (the applicable provisions of the DGCL“Delaware Secretary”).
Appears in 3 contracts
Samples: Agreement and Plan of Merger (SOC Telemed, Inc.), Agreement and Plan of Merger (Qad Inc), Agreement and Plan of Merger (Qad Inc)
Effecting the Merger. Upon the terms and subject to the conditions set forth in this Agreement, and in accordance with the DGCL, concurrently with as soon as practicable after the Closing, Parent and the Company shall cause a certificate of merger (the “Certificate of Merger”) to be executed, acknowledged and delivered to the Office of the Secretary of State of the State of Delaware for filing, all in accordance with the applicable provisions of the DGCL. The Merger shall be governed by and effected under Section 251(h) of the DGCL without the adoption of this Agreement by the stockholders of the Company.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Daegis Inc.), Agreement and Plan of Merger (Actuate Corp), Agreement and Plan of Merger (Open Text Corp)
Effecting the Merger. Upon the terms and subject to the conditions set forth in this Agreement, and in accordance with the DGCL, concurrently with the Closing, Parent and the Company shall cause a certificate of merger (the “Certificate of Merger”) to be executed, acknowledged and delivered to the Office of filed with the Secretary of State of the State of Delaware for filing, all in accordance with the applicable provisions of the DGCL.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Astea International Inc), Agreement and Plan of Merger (General Mills Inc)
Effecting the Merger. (a) Upon the terms and subject to the conditions set forth in this Agreement, and in accordance with the DGCL, concurrently with the Closing, Parent and the Company shall cause a certificate of merger (the “Certificate of Merger”) to be executed, acknowledged and delivered to the Office of the Secretary of State of the State of Delaware for filing, all in accordance with the applicable provisions of the DGCL.
Appears in 1 contract
