Common use of Effective Time Clause in Contracts

Effective Time. The Merger shall become effective on such date and at such time as when the Certificate of Merger has been received for filing by the Secretary of State of the State of Delaware or at such later time and date as may be agreed by the parties hereto in writing and specified in the Certificate of Merger (the “Effective Time”).

Effective Time. The Merger shall become effective on such date and at such time as when set forth in the certificate of merger (the “Certificate of Merger has been received for filing by Merger”) that shall be filed with the Secretary of State of the State of Delaware or at such later on the Closing Date. The term “Effective Time” shall be the date and time and date when the Merger becomes effective as may be agreed by the parties hereto in writing and specified set forth in the Certificate of Merger (the “Effective Time”)Merger.

Effective Time. The Merger shall become effective on such date and at such time as when set forth in the Certificate certificate of Merger has been received for filing by merger to be filed with the Secretary of State of the State of Delaware or at such later (the “Delaware Secretary”) on the Closing Date (the “Certificate of Merger”). The term “Effective Time” shall be the date and time and date when the Merger becomes effective, as may be agreed by the parties hereto in writing and specified set forth in the Certificate of Merger (the “Effective Time”)Merger.

Effective Time. The Merger shall become effective on such date and at such time as when the Certificate of Merger has been received for filing by duly filed with the Delaware Secretary of State of the State of Delaware or at such later time and date as may be agreed upon by the parties hereto in writing and specified in the Certificate of Merger in accordance with the DGCL (the “Effective Time”).

Effective Time. The Merger shall become effective on such the date and at such the time as when the Certificate of Merger has been received for filing by is filed with the Secretary of State of Delaware in accordance with provisions of the State of Delaware DGCL, or at such later other time and date as may be agreed by is permissible in accordance with the parties hereto in writing and specified in DGCL. The time at which the Certificate of Merger (shall become effective as aforesaid is referred to hereinafter as the “Effective Time.”).

Effective Time. The Merger shall become effective on such date and at such time as when upon the filing of a copy of this Agreement or a Certificate of Merger has been received for filing by relating hereto with the Secretary of State of the State of Delaware or at (the time of such later time and date filing being referred to herein as may be agreed by the parties hereto in writing and specified in the Certificate of Merger (the “Effective Time”).

Effective Time. The Merger shall become effective on such the date and at such the time as when the Certificate of Merger has been received for filing by is filed with the Secretary of State of the State of Delaware or in accordance with Section 251 of the DGCL. The time at such later time and date which the Merger shall become effective as may be agreed by aforesaid is referred to hereinafter as the parties hereto in writing and specified in the Certificate of Merger (the “"Effective Time”)."

Effective Time. The Merger shall become effective on such the date and at such the time as when the Certificate of Merger has been received for filing by is filed with the Secretary of State of the State of Delaware or in accordance with Section 251 of the DGCL. The time at such later time and date which the Merger shall become effective as may be agreed by the parties hereto in writing and specified in the Certificate of Merger (aforesaid is referred to hereinafter as the “Effective Time.”).

Effective Time. The Merger shall become effective on such date and at such time as when set forth in the certificate of merger (the "Certificate of Merger has been received for filing by Merger") which shall be filed with the Secretary of State of the State of Delaware or at such later (the "Secretary") on the Closing Date (as defined in Section 10.1 hereof). The term "Effective Time" shall be the date and time and date when the Merger becomes effective, as may be agreed by the parties hereto in writing and specified set forth in the Certificate of Merger (the “Effective Time”)Merger.

Effective Time. The Merger shall become effective on such date and at such time as when set forth in the certificate of merger (the "Certificate of Merger has been received for filing by Merger") which shall be filed with the Secretary of State of the State of Delaware or at such later (the "Delaware Secretary") on the Closing Date (as defined in Section 9.1 hereof). The term "Effective Time" shall be the date and time and date when the Merger becomes effective, as may be agreed by the parties hereto in writing and specified set forth in the Certificate of Merger (the “Effective Time”)Merger.

Effective Time. The Merger shall become effective on such date and at such time as when upon the filing of the Certificate of Merger, in substantially the form of the Certificate of Merger has been received for filing by attached hereto as Annex A, with the Secretary of State of the State of Delaware Delaware, or at such later time and date as may be agreed by the parties hereto in writing and specified in the such Certificate of Merger (such time being referred to herein as the “Effective Time”).

Effective Time. The Merger shall become effective on such date and at such time as when upon the filing of the Certificate of Merger has been received for filing by with the Secretary of State of the State of Delaware or in accordance with Section 251(c) of the DGCL. The time at such later time and date which the Merger shall become effective as may be agreed by the parties hereto in writing and specified in the Certificate of Merger (aforesaid is referred to hereinafter as the “Effective Time.”).

Effective Time. The Merger shall become effective on such the date and at such the time as when the Certificate of Merger has been received for filing by is filed with the Secretary of State of the State of Delaware or in accordance with Section 251 of the DGCL. The time at such later time which the Merger shall become effective as aforesaid is referred to hereinafter as the "Effective Time," and date as may be agreed by the parties hereto in writing and specified in filing of the Certificate of Merger (as set forth in the “Effective Time”)first sentence of this Section 1.2 shall occur concurrently with the release of the proceeds from the initial tranche of the Private Placement to the Company.

Effective Time. The Merger shall become effective on such date and at such time as when upon the filing of the Certificate of Merger has been received for filing by with the Secretary of State of the State of Delaware or in accordance with Section 251 of the DGCL. The time at such later time and date which the Merger shall become effective as may be agreed by the parties hereto in writing and specified in the Certificate of Merger (aforesaid is referred to hereinafter as the “Effective Time.”).

Effective Time. The Merger shall become effective on such date and at the time of filing of, or at such later time as when specified in, a certificate of merger, in the Certificate of Merger has been received for filing form required by and executed in accordance with the Delaware Act, with the Secretary of State of the State of Delaware or at such later time and date as may be agreed by in accordance with the parties hereto in writing and specified in provisions of the Delaware Act (the "Certificate of Merger"). The date and time when the Merger (shall become effective is herein referred to as the “"Effective Time”)."

Effective Time. The Merger shall become effective on such date and at the time of filing of, or at such later time as when specified in, a certificate of merger, in the Certificate of Merger has been received for filing form required by and executed in accordance with the Delaware Act, with the Secretary of State of the State of Delaware or at such later time and date as may be agreed by in accordance with the parties hereto in writing and specified in Delaware Act (the "Certificate of Merger"). The date and time when the Merger (shall become effective is herein referred to as the “"Effective Time”)."

Effective Time. The Merger shall become effective on such the date and at such the time as when (the "Effective Time") that the Certificate of Merger has shall have been received accepted for filing by the Secretary of State of the State of Delaware (or at such later date and time and date as may be agreed by the parties hereto in writing and specified in the Certificate of Merger (by mutual agreement of Parent, Merger Sub and the “Effective Time”Company), which shall be on the Closing Date or as soon as practicable thereafter.

Effective Time. The Merger shall become effective on such date and at such time as when the Certificate of Merger ▇▇▇▇▇▇ has been received for filing duly filed with and accepted by the Delaware Secretary of State of the State of Delaware or at such later time and date as may be agreed by the parties hereto Parties in writing and specified in the Certificate of Merger in accordance with the DGCL (the “Effective Time”).

Effective Time. The Merger shall become effective on such date and at such time as when set forth in the certificate of merger (the "Certificate of Merger has been received for filing by Merger") that shall be filed with the Secretary of State of the State of Delaware or at such later on the Closing Date. The term "Effective Time" shall be the date and time and date when the Merger becomes effective as may be agreed by the parties hereto in writing and specified set forth in the Certificate of Merger (the “Effective Time”)Merger.

Effective Time. The Merger shall become effective on such at the date and at such time as when the Certificate of Merger has been received for filing by of a certificate of merger with the Secretary of State of the State of Delaware or at such later time and date as may be agreed by in accordance with the parties hereto in writing and specified in provisions of the DGCL (the "Certificate of Merger"), which shall be so filed as provided in Section 8.2 of this Agreement. The date and time when the Merger (shall become effective is herein referred to as the “"Effective Time”)."

Effective Time. The Merger shall become effective on such the date and at such the time as when (the "EFFECTIVE TIME") that the Certificate of Merger has shall have been received accepted for filing by the Secretary of State of the State of Delaware (or at such later date and time and date as may be agreed by the parties hereto in writing and specified in the Certificate of Merger (Merger), which shall be on the “Effective Time”)Closing Date or as soon as practicable thereafter.

Effective Time. The Merger shall become effective on such date and at such time (the "Effective Time") as when the (a) a Certificate of Merger has been received for filing by is filed with the Secretary of State of the State of Delaware or at such later time and date as may be agreed by (b) the parties hereto in writing and specified in the Certificate Articles of Merger (is filed with the “Effective Time”)Department of State of the State of Florida. Such filings shall be made simultaneously with or as soon as practicable after the closing of the transactions contemplated by this Agreement.

Effective Time. The Merger shall become effective on such date and at such time as when the Certificate of Merger has been received for filing by duly filed with the Office of the Secretary of State of the State of Delaware or at such later time and date as may be agreed by the parties hereto in writing and specified in the Certificate of Merger in accordance with the DGCL (the “Effective Time”).

Effective Time. The Merger shall become effective on such the date and at such the time as when the Certificate of Merger has been received for filing by is filed with the Secretary of State of Delaware. The time at which the State of Delaware or at such later time and date Merger shall become effective as may be agreed by the parties hereto in writing and specified in the Certificate of Merger (aforesaid is referred to hereinafter as the “Effective Time.”).

Effective Time. The Merger shall become effective on such date and at such time as when set forth in the certificate of merger relating to the Merger (the “Certificate of Merger has been received Merger”) that shall be filed with, and accepted for filing by record by, the Secretary of State of the State of Delaware or at such later (the “DE SOS”) on the Closing Date. The term “Effective Time” shall be the date and time and date when the Merger becomes effective as may be agreed by the parties hereto in writing and specified set forth in the Certificate of Merger (the “Effective Time”)Merger.

Effective Time. The Merger Mergers shall become effective on such date and at such time as when set forth in the Certificate certificates of Merger has been received for filing by merger (the "Certificates of Merger") which shall be filed with the Secretary of State of the State of Delaware or at such later (the "Secretary") on the Closing Date (as defined in Section 9.1 hereof). The term "Effective Time" shall be the date and time and date when the Mergers become effective, as may be agreed by the parties hereto in writing and specified set forth in the Certificate Certificates of Merger (Merger. The term "Effective Date" shall be the “date on which the Effective Time”)Time occurs.

Effective Time. The Merger shall become effective on such date and at such time as when the Certificate of Merger has been received for filing by duly filed with the Delaware Secretary of State of the State of Delaware or at such later time and date as may be agreed by the parties hereto in writing and specified in the Certificate of Merger in accordance with the DGCL (the “Effective Time”).

Effective Time. The Merger shall become effective on such date and at such time as when upon the filing of (a) the Certificate of Merger has been received for filing by with the Secretary of State of the State of Delaware or in accordance with Section 251(c) of the DGCL. The time at such later time and date which the Merger shall become effective as may be agreed by the parties hereto in writing and specified in the Certificate of Merger (aforesaid is referred to hereinafter as the “Effective Time.”).

Effective Time. The Merger shall become effective on such the date and at such the time as when (the "Effective Time") that the Certificate of Merger has shall have been received accepted for filing by the Secretary of State of the State of Delaware (or at such later date and time and date as may be agreed by the parties hereto in writing and specified in the Certificate of Merger (as Parent, Merger Sub and the “Effective Time”Company may agree), which shall be on the Closing Date or as soon as practicable thereafter.

Effective Time. The Merger shall become effective on such the date and at such the time as when specified in the Certificate of Merger has been received for filing by (the "Certificate of Merger") in substantially the form attached as Exhibit D hereto, as filed with the Secretary of State of the State of Delaware or at such later (the date and time and date as may be agreed by the parties hereto in writing and so specified in the Certificate of Merger (is hereinafter referred to as the “"Effective Time”").

Effective Time. The Merger shall become be effective on such date and the Closing Date at such time as when the Certificate of Merger has been received for filing by is duly filed with the Secretary of State of the State of Delaware or at such later date or time and date as may be agreed by the parties hereto Company and the Buyer in writing and specified in the Certificate of Merger in accordance with the DGCL (the “Effective Time”).

Effective Time. The Subject to the terms and upon satisfaction on or before the Closing Date of all conditions specified in this Agreement, the Merger shall become be effective on such date and at such the time as when specified in the Certificate certificate of Merger has been received for filing merger to be issued by the Secretary of State of the State of Delaware or at (such later time and date as may be agreed by the parties hereto in writing and specified in the Certificate of Merger (the herein called “Effective Time”).

Effective Time. The Merger shall become effective on such date and at such time as when set forth in the certificate of merger with respect to the Merger (the “Certificate of Merger has been received Merger”) that shall be filed with, and accepted for filing by record by, the Secretary of State of the State of Delaware or at such later (the “DE SOS”) on the Closing Date. The term “Effective Time” shall be the date and time and date when the Merger becomes effective as may be agreed by the parties hereto in writing and specified set forth in the Certificate of Merger (the “Effective Time”)Merger.

Effective Time. The Merger shall become be effective on at such date and at such time as when the Certificate of Merger has been received for filing by and the Articles of Merger are duly filed with the Secretary of State of the State of Delaware and the State Corporation Commission of Virginia, respectively, or at such later date and time and date as may be agreed by the parties hereto in writing and is specified in the Certificate of Merger (and the Articles of Merger. The date and time at which the Merger becomes effective is referred to herein as the “Effective Time”).

Effective Time. The Merger shall become effective on such date and at such time as when the Certificate of Merger has been received for filing by is duly filed with the Delaware Secretary of State of the State of Delaware State, or at such later subsequent date or time as PCBC, PCBNA, Newco and date as may be agreed by the parties hereto in writing PCCI shall agree and specified specify in the Certificate of Merger (such time being referred to herein as the “Effective Time”).

Effective Time. The Merger shall become effective on such the date and at such the time as when specified in the certificate of merger (the “Certificate of Merger has been received for filing by Merger”) as filed with the Secretary of State of the State of Delaware or at such later Delaware. The term “Effective Time” shall be the date and time and date when the Merger becomes effective as may be agreed by the parties hereto in writing and specified set forth in the Certificate of Merger (the “Effective Time”)Merger.

Effective Time. The Merger shall become effective on such date and at such time as when the Certificate of Merger has been received for filing by filed with the Secretary of State of the State of Delaware Delaware, or at such later date and time and date as may be agreed by the parties hereto in writing and specified in the Certificate of Merger (the “Effective Time”).

Effective Time. The Merger shall become effective on such date and at such time (the "Effective Time") as when the Certificate a certificate of Merger has been received merger, in form appropriate for filing by filing, is filed with the Secretary of State (or other appropriate authority) of the State of Delaware or at such later time and date as may be agreed by the parties hereto in writing and specified in the Certificate of Merger (the “Effective Time”"Merger Filing").. The Merger Filing shall be made simultaneously with or as soon as practicable after the execution and delivery of this

Effective Time. The Merger shall become effective on such date and at such time as when the Certificate of Merger has been received for filing by duly filed with the Delaware Secretary of State of the State of Delaware or at such later time and date as may be agreed by the parties hereto in writing and specified in the Certificate of Merger in accordance with the DGCL (the “Effective Time”).

Effective Time. The Merger shall become effective on such the date and at such the time as when the Certificate of Merger has been received for filing by is filed with the Secretary of State of Delaware in accordance with the State provisions of Delaware the DGCL, or at such later other time and date as may be agreed by is permissible in accordance with the parties hereto in writing and specified in DGCL. The time at which the Certificate of Merger (shall become effective as aforesaid is referred to hereinafter as the “Effective Time.”).

Effective Time. The Merger shall become effective on such date and at such time as when set forth in the certificate of merger (the “Certificate of Merger has been received for filing by Merger”) which shall be filed with the Delaware Secretary of State of on the State of Delaware or at such later Closing Date (as defined in Section 9.1 hereof). The term “Effective Time” shall be the date and time and date when the Merger becomes effective, as may be agreed by the parties hereto in writing and specified set forth in the Certificate of Merger (the “Effective Time”)Merger.

Effective Time. The Merger shall become effective on such date and at such time as when the Certificate of Merger has been received for filing by the Secretary of State of the State of Delaware or at such later time and date as may be agreed by the parties hereto in writing and specified in the Certificate of Merger (the “Effective Time”)) as the Certificate of Merger is duly filed with the Delaware Secretary of State or at such later time as Parent and the Company shall agree and specify in the Certificate of Merger.

Effective Time. The Merger shall become effective on such date and at such time as when set -------------- forth in the certificate of merger (the "Certificate of Merger has been received for filing by Merger") which shall be filed with the Secretary of State of the State of Delaware or at such later on the Closing Date. The term "Effective Time" shall be the date and time and date when the Merger becomes effective, as may be agreed by the parties hereto in writing and specified set forth in the Certificate of Merger (the “Effective Time”)Merger.

Effective Time. The Merger shall become effective on such date and at such time as when upon the filing of the Certificate of Merger has been received for filing by with the Delaware Secretary of State in accordance with Section 251 of the State of Delaware or DGCL. The time at such later time and date which the Merger shall become effective as may be agreed by aforesaid is referred to hereinafter as the parties hereto in writing and specified in the Certificate of Merger (the “"Effective Time”)."

Effective Time. The Merger shall become effective on such date and at such time as when set forth in the certificate of merger (the "Certificate of Merger has been received for filing by Merger") which shall be filed with the Secretary of State of the State of Delaware or at such later (the "Delaware Secretary") on the Closing Date. The term "Effective Time" shall be the date and time and date when the Merger becomes effective, as may be agreed by the parties hereto in writing and specified set forth in the Certificate of Merger (the “Effective Time”)Merger.

Effective Time. The Merger shall become effective on such date and at such time as when the Certificate of Merger has been received for filing by the Secretary of State of the State of Delaware or at such later time and date as may be agreed by the parties hereto Parties in writing and specified in the Certificate of Merger (the “Effective Time”).

Effective Time. The Merger shall become effective on such date and at such time as when upon the filing of the Certificate of Merger has been received for filing by with the Secretary of State of the State of Delaware or in accordance with Section 253 of the DCL. The time at such later time and date which the Merger shall become effective as may be agreed by the parties hereto in writing and specified in the Certificate of Merger (aforesaid is referred to hereinafter as the “Effective Time.”).

Effective Time. The Merger shall become effective on such date and at the time of filing of, or at such later time as when specified in, an agreement of merger, in the Certificate of Merger has been received for filing form required by and executed in accordance with the DGCL, and with the Secretary of State of the State of Delaware or at such later time and date as may be agreed by in accordance with the parties hereto in writing and specified in provisions of Section 252 of the DGCL (the "Certificate of Merger"). The date and time when the Merger (shall become effective is herein referred to as the “"Effective Time”)."

Effective Time. The Merger merger (the "Merger") shall become effective on such date and at such the time as when of the filing of the Certificate of Merger has been received for filing by with the Secretary of State of the State of Delaware (or at such later time and date specified as may be agreed by the parties hereto in writing and specified effective time in the Certificate of Merger), which Certificate of Merger shall be so filed at the time of the Closing (as defined in Section 1.3). The date and time when the “Merger becomes effective are herein referred to as the "Effective Time”)".

Effective Time. The Merger shall become effective on such date and at such time as when upon the filing of a Certificate of Merger, in substantially the form of the Certificate of Merger has been received for filing by attached hereto as Annex A, with the Secretary of State of the State of Delaware Delaware, or at such later time and date as may be agreed by the parties hereto in writing and specified in the such Certificate of Merger (such time being referred to herein as the “Effective Time”).

Effective Time. The Merger shall become effective on such date and at such time as when the Certificate certificate of Merger has been received for filing by merger, in the form attached hereto as Exhibit A, is duly filed with the Secretary of State of the State of Delaware or at such later other time and date as may be agreed by the parties hereto in writing and specified in the Certificate certificate of Merger merger (the “Effective Time”). The Constituent Companies agree that they will cause to be executed and filed or recorded any document or documents prescribed by the laws of the State of Delaware, and that they will cause to be performed all necessary acts within the State of Delaware and elsewhere to effectuate the Merger.

Effective Time. The Merger shall will become effective on such date and at such time as when set forth in the certificate of merger (the “Certificate of Merger has been received for filing by Merger”) that will be filed with the Secretary of State of the State of Delaware or at such later on the Closing Date. The term “Effective Time” will be the date and time and date when the Merger becomes effective as may be agreed by the parties hereto in writing and specified set forth in the Certificate of Merger (the “Effective Time”)Merger.

Effective Time. The Merger shall become be effective on such date and at such time as when the Certificate of Merger has been received for filing by ▇▇▇▇▇▇ is duly filed with the Secretary of State of the State of Delaware or at such later time and date as may be agreed by the parties hereto in writing and is specified in the Certificate of Merger (the “Effective Time”).

Effective Time. The Merger shall become effective on such date and at such time as when set forth in the certificate of merger (the "Certificate of Merger has been received for filing by Merger") which shall be filed with the Secretary of State of the State of Delaware or at such later on the Closing Date (as hereinafter defined). The term "Effective Time" shall mean the time and date when the Merger becomes effective, as may be agreed by the parties hereto in writing and specified set forth in the Certificate of Merger (the “Effective Time”)Merger.

Effective Time. The Merger shall become effective on such date and at such time as when the Certificate of Merger has been received for filing by the Office of the Secretary of State of the State of Delaware or at such later time and date as may be agreed by the parties hereto in writing and specified in the Certificate of Merger (the “Effective Time”).

Effective Time. The Merger shall become effective on such date and at such the time as when the Certificate of Merger has been received for filing by with the Secretary of State of the State of Delaware or at such later time and date as may be agreed by the parties hereto in writing and specified in the of a Certificate of Ownership and Merger in accordance with the relevant provisions of the DGCL (the “time of the completion of such filing being the "Effective Time”").

Effective Time. The Merger shall become effective on such date and at such time as when upon the filing of a Certificate of Merger, in substantially the form of the Certificate of Merger has been received for filing by attached hereto as Annex A, with the Secretary of State of the State of Delaware Delaware, or at such later time and date as may be agreed by the parties hereto in writing and specified in the such Certificate of Merger (such time being referred to herein as the “Effective Time”). The Parties agree that the Effective Time is intended to be prior to the closing of DOR’s initial public offering of common stock.

Effective Time. The Merger shall become effective on such at the time and date that the certificate of merger of each of Intragraphics, Inc. and at such time as when the Company (the “Certificate of Merger has been received Merger”), in form and substance acceptable to the Parties, is accepted for filing by the Secretary of State of the State of Delaware or at such later time and date as may be agreed by in accordance with the parties hereto in writing and specified in the provisions related thereto. The Certificate of Merger (shall be executed by Intragraphics, Inc. and the Company and delivered to the Secretary of State of the State of Delaware for filing on the Closing Date. The date and time when the Merger becomes effective are referred to herein as the “Effective Time.”).

Effective Time. The Merger shall become effective on such date and at such time as when set forth in the Certificate certificate of Merger has been received for filing by merger to be filed with the Secretary of State of the State of Delaware or at such later (the "Delaware Secretary") on the Closing Date (the "Certificate of Merger"). The term "Effective Time" shall be the date and time and date when the Merger becomes effective, as may be agreed by the parties hereto in writing and specified set forth in the Certificate of Merger (the “Effective Time”)Merger.

Effective Time. The Merger shall become effective on such date and at such time as when upon filing with the Certificate of Merger has been received for filing by the Delaware Secretary of State of a certificate of merger executed in accordance with the State relevant provisions of Delaware or at such later the GCL (the time and date as may be agreed by the parties hereto in writing and specified in the Certificate of Merger (becomes effective being the “Effective Time”).

Effective Time. The Merger shall become effective on such date and at such time as when set forth in the certificate of merger (the “Certificate of Merger has been received for filing by Merger”) that shall be filed with the Secretary of State of the State of Delaware on or at such later before the Closing Date. The term “Effective Time” shall be the date and time and date when the Merger becomes effective as may be agreed by the parties hereto in writing and specified set forth in the Certificate of Merger (the “Effective Time”)Merger.

Effective Time. The Merger shall become effective on such the date and at such the time as when (the “Effective Time”) that the Certificate of Merger has and Articles of Merger shall have been received accepted for filing by the Secretary of State of the State of Delaware and the Secretary of State of the State of Washington, respectively (or at such later date and time and date as may be agreed by the parties hereto in writing and specified in the Certificate of Merger (and Articles of Merger), which shall occur on the “Effective Time”)Closing Date or as soon as practicable thereafter.

Effective Time. The Merger shall become effective on such date and at such time (the "Effective Time") as when a certificate of merger in the form set forth as Exhibit B hereto (the "Certificate of Merger has been received for filing by Merger") is filed with the Delaware Secretary of State State. Such filing shall be made simultaneously with or as soon as practicable after the closing of the State of Delaware or at such later time and date as may be agreed transactions contemplated by the parties hereto this Agreement in writing and specified in the Certificate of Merger (the “Effective Time”)accordance with Section 2.10.

Effective Time. The Merger shall will become effective on such date and at such the time as when of filing of a certificate of merger (the "Certificate of Merger has been received for filing by Merger") with the office of the Secretary of State of the State of Delaware in accordance with the DGCL or at such later time and date as may be is agreed to by the parties hereto in writing and specified in set forth therein (the "Effective Time"). The Certificate of Merger (will be executed by the “Effective Time”)parties on the Closing Date and will be filed as soon as practicable thereafter along with such other filings or recordings as may be required by the DGCL or otherwise.

Effective Time. The Merger shall become effective on such date and at such time (the "Effective Time") as when certificates of merger, in a form appropriate for filing, are filed with the Certificate of Merger has been received for filing by the Secretary Secretaries of State (or other appropriate authorities) of the State of Delaware or at such later time and date as may be agreed by the parties hereto in writing and specified in the Certificate State of Merger Incorporation (the “Effective Time”"Merger Filings"). The Merger Filings shall be made simultaneously with or as soon as practicable after the Closing (as defined below).

Effective Time. The Merger shall become effective on (i) at such date and at such time as when the certificate of merger satisfying the applicable requirements of, in such form as required by, and executed in accordance with the relevant provisions of, Delaware Law (the “Certificate of Merger has been received for filing by Merger”) is filed with the Secretary of State of the State of Delaware or (ii) at such later subsequent date and time as Atna and date Canyon shall mutually agree and as may shall be agreed by the parties hereto in writing and specified in the Certificate of Merger (the date and time of such filing at which the Merger becomes effective being the “Effective Time”).

Effective Time. The Merger shall become effective on such date and at such time as when set forth in a certificate of merger substantially in the form attached as Exhibit A (the "Certificate of Merger has been received for filing by Merger"), which shall be filed with the Secretary of State of the State of Delaware or at such later (the "Delaware Secretary") on the Closing Date. The term "Effective Time" shall be the date and time and date when the Merger becomes effective, as may be agreed by the parties hereto in writing and specified set forth in the Certificate of Merger (the “Effective Time”)Merger.

Effective Time. The Merger shall become effective on such date and at such time as when the Certificate of Merger has been received for filing by is duly filed with the Secretary of State of the State of Delaware or at such later other time and date as may be agreed by the parties hereto in writing and specified in the Certificate of Merger (in accordance with the “Effective Time”)DGCL.

Effective Time. The Merger shall become effective on such date and at such the time as when of the filing of the Certificate of Merger has been received for filing by with the Secretary of State of the State of Delaware (or at such later time and date as may shall be agreed by the parties hereto Shareholder and Sync and as shall be set forth in writing and specified such certificate) in accordance with the Certificate of Merger DGCL (the “date and time the Merger becomes effective being the "Effective Time”").

Effective Time. The Merger shall become effective on such date and at such the time as when of the filing of the Certificate of Merger has been received for filing by with the Secretary of State of the State of Delaware (or at such later time and date as may shall be agreed by ESAN, Acquisitions and DBWI and as shall be set forth in such certificate) in accordance with the parties hereto in writing and specified in the Certificate of Merger DGCL (the “date and time the Merger becomes effective being the "Effective Time”)") with best efforts making the Effective Time the open of business of a new calendar month.

Effective Time. The Merger shall become effective on such at the date -------------- and at such time as when specified in the Certificate of Merger has been received accepted for filing by the Secretary of State of the State of Delaware or at such later time (the "Effective Time"). The parties shall execute, acknowledge and date as may be agreed by file, in accordance with the parties hereto in writing and specified in Corporate Law, the Certificate of Merger (upon the “Effective Time”)satisfaction of all conditions precedent to the consummation of the transactions contemplated by this Agreement.

Effective Time. The Merger shall become effective on such date and at such time the Closing Date (as when defined in Article 2), upon the filing of a certificate of merger (the “Certificate of Merger has been received for filing by Merger”) with the Secretary of State of the State of Delaware (or at such later time and date as may be agreed by the parties hereto in writing and specified in the Certificate of Merger (the Merger). The term “Effective Time”).

Effective Time. The Merger shall become effective on such date and at such time the Closing Date (as when defined in Article 2), upon the Certificate filing of Merger has been received for filing by a certificate of merger (the "CERTIFICATE OF MERGER") with the Secretary of State of the State of Delaware (or at such later time and date as may be agreed by the parties hereto in writing and specified in the Certificate of Merger (the “Effective Time”Merger).. The term "

Effective Time. The Merger shall become effective on such date and at such the time as when of the filing of the Certificate of Merger has been received for filing by with the Secretary of State of the State of Delaware (or at such later time and date as may shall be agreed upon by the parties hereto Company and Buyer Parent and as shall be set forth in writing and specified such certificate) in accordance with the DGCL, which Certificate of Merger (shall be so filed at the “time of the Closing. The date and time when the Merger becomes effective are herein referred to as the "Effective Time”)."

Effective Time. The Merger shall become effective on such the date and at such -------------- the time as when (the "Effective Time") that the Certificate of Merger has shall have been received -------------- accepted for filing by the Secretary of State of the State of Delaware (or at such later date and time and date as may be agreed by the parties hereto in writing and specified in the Certificate of Merger (by mutual agreement of Parent, Merger Sub and the “Effective Time”Company), which shall be on the Closing Date or as soon as practicable thereafter.

Effective Time. The Merger shall become effective on such the date and at such the time as when the Certificate of Merger has been received for filing by is filed with the Secretary of State of the State of Delaware or in accordance with Section 251 of the DGCL but no later than November 30, 2006. The time at such later time and date which the Merger shall become effective as may be agreed by aforesaid is referred to hereinafter as the parties hereto in writing and specified in the Certificate of Merger (the “"Effective Time”)."

Effective Time. The Merger shall become effective on such date and at such the time as when the Certificate of Merger has been received for filing by of a certificate of merger with the Secretary of State of the State of Delaware or at such later time and date as may be agreed by in accordance with the parties hereto in writing and specified in provisions of Section 252 of the DGCL (the "Certificate of Merger"). The date and time when the Merger (shall become effective is herein referred to as the “"Effective Time”)."

Effective Time. The Merger shall become effective on such date and at such the time as when of the filing of the Certificate of Merger has been received for filing by with the Secretary of State of the State of Delaware (or at such later time and date as may shall be agreed by ESAN and DBWI and as shall be set forth in such certificate) in accordance with the parties hereto in writing and specified in the Certificate of Merger DGCL (the “date and time the Merger becomes effective being the "Effective Time”").

Effective Time. The Merger shall become effective on such date and at such time as when upon the Certificate of Merger has been received for filing by Mergeco of the Merger Certificate with the Secretary of State of the State of Delaware or at such later time Delaware. The Merger Certificate shall be executed and date as may be agreed by the parties hereto in writing and specified delivered in the Certificate of manner provided under the LLC Act. The date and time when the Merger (shall become effective is referred to herein as the “Effective Time.”).

Effective Time. The Merger shall become effective on at such date and at such time as when set forth in the certificate of merger relating to the Merger (the “Certificate of Merger has been received Merger”) that shall be filed by Company with, and accepted for filing by record by, the Secretary of State of the State of Delaware or at such later (“DE SOS”) on the Closing Date. The term “Effective Time” shall be the date and time and date when the Merger becomes effective as may be agreed by the parties hereto in writing and specified set forth in the Certificate of Merger (the “Effective Time”)Merger.

Effective Time. The Merger shall become effective on such date and at such time as when soon as practicable following satisfaction or waiver of all conditions precedent to the Merger upon the filing of a Certificate of Merger has been received for filing by with the Secretary of the State of the State of Delaware or at such a later time and date as may be agreed by the parties hereto in writing and specified in the Certificate of Merger therein (the “Effective Time”).

Effective Time. The Merger shall become effective on such date and at such time as when set forth in the certificate of merger (the "Certificate of Merger has been received for filing by Merger") that shall be filed with the Secretary of State of the State of Delaware on or at such later before the Closing Date. The term "Effective Time" shall be the date and time and date when the Merger becomes effective as may be agreed by the parties hereto in writing and specified set forth in the Certificate of Merger (the “Effective Time”)Merger.

Effective Time. The Merger shall become effective on such at the date and at time when a properly executed certificate of merger or certificate of ownership and merger (either such time document being referred to hereinafter as when the "Certificate of Merger has been received for filing Merger"), together with any other documents required by law to effectuate the Merger, shall be filed with the Secretary of State of the State of Delaware or at such later in accordance with the DGCL. The date and time and date when the Merger shall become effective is referred to herein as may be agreed by the parties hereto in writing and specified in the Certificate of Merger (the “"Effective Time”)."

Effective Time. The Merger shall become effective on such date as set forth in the certificate of merger with respect to the Merger (the “First Merger Certificate”) that shall be filed with, and at such time as when the Certificate of Merger has been received accepted for filing by record by, the Secretary of State of the State of Delaware or at such later time and date as may be agreed by the parties hereto in writing and specified in the Certificate of Merger (the “DE SOS”). The term “Effective Time”)” shall be the date and time when the Merger becomes effective as set forth in the Merger Certificate.

Effective Time. The Merger shall become be effective on such date and at such time as when a certificate of merger is duly filed with the Certificate Office of Merger has been received for filing by the Secretary of State of the State of Delaware or or, if the Certificate of Merger specifies a later effective time, at such later time and date as may be agreed by the parties hereto in writing and specified in the Certificate certificate of Merger merger (the “"Effective Time”").

Effective Time. The Merger shall become effective on such date and at such the time as when of the filing of the Certificate of Merger has been received for filing by with the Secretary of State of the State of Delaware (or at such later time and date as may shall be agreed upon by the parties hereto Company and Buyer and as shall be set forth in writing and specified such certificate) in accordance with the DLLCA, which Certificate of Merger (shall be so filed at the time of the Closing. The date and time when the Merger becomes effective are herein referred to as the “Effective Time.”).

Effective Time. The Merger shall become effective on such the date and at such the time as when the Certificate of Merger has been received for filing by are filed with the Secretary of State of Delaware in accordance with provisions of the State of Delaware DGCL, or at such later other time and date as may be agreed by is permissible in accordance with the parties hereto in writing and specified in DGCL. The time at which the Certificate of Merger (shall become effective as aforesaid is referred to hereinafter as the “Effective Time.”).

Effective Time. The Merger Effective Time shall become effective on such date and be the time at such time as when which a duly executed copy of a certificate of merger with respect to the Certificate Merger is filed in the office of Merger has been received for filing by the Secretary of State of the State of Delaware or at such later time and date as may be agreed by the parties hereto in writing and specified in such certificate of merger, as applicable, in accordance with the Certificate provisions of Merger (the “Effective Time”)DGCL.

Effective Time. The Merger shall become effective on such date and at such time as when the Certificate of Merger has been received shall be accepted for filing by the Secretary of State of the State of Delaware or at such later time (the "Effective Time"). The parties shall execute, acknowledge and date as may be agreed by file, in accordance with Sections 103 and 251 of the parties hereto in writing and specified in GCL, the Certificate of Merger (upon the “Effective Time”)satisfaction of all conditions precedent to the consummation of the transactions contemplated by this Agreement.

Effective Time. The Merger shall become effective on such at the time and date that the certificate of merger of each of American Building Company and at such time as when the Company (the “Certificate of Merger has been received Merger”), in form and substance acceptable to the Parties, is accepted for filing by the Secretary of State of the State of Delaware or at such later time and date as may be agreed by in accordance with the parties hereto in writing and specified in the provisions related thereto. The Certificate of Merger (shall be executed by American Building Company and the Company and delivered to the Secretary of State of the State of Delaware for filing on the Closing Date. The date and time when the Merger becomes effective are referred to herein as the “Effective Time.”).

Effective Time. The Merger shall will become effective on such date and at such time as when set forth in the certificate of merger (the "Certificate of Merger has been received for filing by Merger") that will be filed with the Secretary of State of the State of Delaware or at such later on the Closing Date. The term "Effective Time" will be the date and time and date when the Merger becomes effective as may be agreed by the parties hereto in writing and specified set forth in the Certificate of Merger (the “Effective Time”)Merger.

Effective Time. The Merger effective time and date of the Merger, herein referred to as the "Effective Time," shall become effective on such date and be the time at such time as when the which an appropriate Certificate of Merger has been received for filing by relating to the Merger is filed in the office of the Secretary of State of the State of Delaware in accordance with the provisions of Section 263 of the DGCL and Section 17-211 of the DRUPLA, or at such later time as is agreed to by Henley and date as may be agreed by the parties hereto HenleyCo and stated in writing and specified in the such Certificate of Merger (s▇▇▇▇▇▇tially in the “Effective Time”form attached hereto as Exhibit A).

Effective Time. The Merger shall become effective on such date and at such time as when upon the filing of a certificate of merger (the "Certificate of Merger has been received for filing by Merger") with the Secretary of State of the State of Delaware or at such later time and date as may be agreed by the parties hereto in writing and is specified in the Certificate of Merger (such time of effectiveness is referred to herein as the “"Effective Time”").

Effective Time. The Merger shall become effective on such date and at such time as when the Certificate of Merger has been received for filing by Merger, in substantially the form attached hereto as Exhibit B (the “Certificate of Merger”), executed in accordance with the relevant provisions of Delaware Law, is filed with the Secretary of State of the State of Delaware or at such later other subsequent date and time as Parent and date as the Company may be agreed by the parties hereto in writing agree and specified specify in the Certificate of Merger in accordance with Delaware Law (the “Effective Time”).

Effective Time. (a) The Merger shall become effective on such date and at such time as when the Certificate of Merger ▇▇▇▇▇▇ has been received for filing by the Secretary of State of the State of Delaware or at such later time and date as may be agreed by the parties hereto in writing and specified in the Certificate of Merger (the “Effective Time”).

Effective Time. The Merger shall become effective on such date and at such the time as when of the filing of the Certificate of Merger has been received for filing by with the Secretary of State of the State of Delaware (or at such later time and date as may shall be agreed upon by the parties hereto Holders and Parent and as shall be set forth in writing and specified such certificate) in accordance with the Act, which Certificate of Merger (shall be so filed at the time of the Closing. The date and time when the Merger becomes effective are herein referred to as the “Effective Time.”).

Effective Time. The Merger shall become effective on such date and at such time as when (a) upon the Certificate of Merger has having been received accepted for filing by the Secretary of State of the State of Delaware or (b) at such later time and date as may be agreed by the parties hereto in writing and specified is set forth in the Certificate of Merger (the “Effective Time”).

Effective Time. The Merger shall become effective on such date and at the time of filing of, or at such later time as when specified in, a certificate of merger, in the Certificate of Merger has been received for filing form required by and executed in accordance with the DGCL and with the Secretary of State of the State of Delaware or at such later time and date as may be agreed by in accordance with the parties hereto in writing and specified in provisions of Section 251 of the Certificate of Merger DGCL (the “Effective Time”"CERTIFICATE OF MERGER"). The date and time when the Merger shall become effective is herein referred to as the "EFFECTIVE TIME."

Effective Time. The Merger shall become effective on such date and at such time (the “Effective Time”) as when shall be stated in the Certificate of Merger, in a form reasonably acceptable to Parent, the Company and Merger has been received for filing by Sub, respectively, to be filed with the Secretary of State of the State of Delaware or at such later time and date as may be agreed by the parties hereto in writing and specified in the Certificate of Merger accordance with Delaware Law (the “Effective TimeMerger Filing”). The Merger Filing shall provide for the effectiveness of the Merger immediately upon its filing. The Merger Filing shall be made at the Closing (as defined in Section 2.4).

Effective Time. The Merger shall become effective as of the time (the "Effective Time") and on such date and at such time (the "Effective Date") as when the Certificate of Merger has been received for filing by is filed with the Secretary of State of the State of Delaware or at such later time Delaware. Under this Agreement, shares of the Company issued and date as may outstanding immediately prior to the Effective Time will be agreed by converted into the parties hereto right to receive cash, in writing and specified in the Certificate of Merger (the “Effective Time”)accordance with Section 1.4.