Common use of Effective Date of the Merger Clause in Contracts

Effective Date of the Merger. In the event that the Merger is consummated, the parties hereto agree that the Merger shall be accounted for as if such Merger had occurred prior to the opening of business on January 1, 2011 (the “Effective Date”), regardless of when the Closing in fact occurs. In the event that the Merger is consummated, BBLU shall realize any operating profit or loss from the operation of the business of the Corporation after the Effective Date. Accordingly, the Stockholders agree to consult the Buyer and BBLU on any material issues or contracts that relate to a period of time beyond the Effective Date. Furthermore, the Stockholders agree not to enter into any new capital obligations or capital expenditures which relate to the Corporation prior to the Closing.

Effective Date of the Merger. In the event that the Merger is consummated, the parties hereto agree that the Merger shall be accounted for as if such Merger had occurred prior to at the opening close of business on January 1August 31, 2011 (the “Effective Date”), regardless of when the Closing in fact occurs. In the event that the Merger is consummated, BBLU shall realize any operating profit or loss from the operation of the business of the Corporation Company after the Effective Date. Accordingly, the Stockholders agree to consult the Buyer and BBLU on any material issues or contracts that relate to a period of time beyond the Effective Date. Furthermore, the Stockholders agree not to enter into any new capital obligations or capital expenditures expenditures, which relate to the Corporation Company prior to the ClosingClosing except in the Ordinary Course of Business as defined in Section 27.

Effective Date of the Merger. In the event that the Merger is consummated, the parties hereto Parties agree that the Merger shall be accounted for as if such Merger had occurred prior to at the opening close of business on January 1July 15, 2011 2013 (the “Effective Date”), regardless of when the Closing in fact occurs. In the event that the Merger is consummated, BBLU shall realize any operating profit or loss from the operation of the business Business of the Corporation IPS after the Effective Date. Accordingly, the Stockholders agree to consult the Buyer and BBLU on any material issues or contracts Contracts of IPS or GXXX, as the case may be, that relate to a period of time beyond the Effective Date. Furthermore, the Stockholders agree not to enter into any new capital obligations or capital expenditures expenditures, which relate to the Corporation either IPS or GXXX prior to the ClosingClosing except in the Ordinary Course of Business.