Common use of Effective Times Clause in Contracts

Effective Times. (a) On the Closing Date, REIT II, REIT I and Merger Sub shall (i) cause articles of merger with respect to the REIT Merger to be duly executed and filed with the State Department of Assessments and Taxation of Maryland (the “SDAT”) in accordance with the MGCL and the MLLCA (the “Articles of Merger”) and (ii) make any other filings, recordings or publications required to be made by REIT I, Merger Sub or the Surviving Entity under the MGCL or MLLCA in connection with the REIT Merger. The REIT Merger shall become effective at such time as the Articles of Merger are accepted for record by the SDAT or on such other date and time (not to exceed thirty (30) days after the Articles of Merger are accepted for record by the SDAT) as specified in the Articles of Merger (such date and time, the “REIT Merger Effective Time” and together with the Partnership Merger Effective Time, the “Merger Effective Time”), it being understood and agreed that the Parties shall cause the REIT Merger Effective Time to occur on the Closing Date and before the Partnership Merger Effective Time. The Articles of Merger shall provide that the name of the Surviving Entity shall be “Globe Merger Sub, LLC”. (b) On the Closing Date, REIT II Operating Partnership and REIT I Operating Partnership shall (i) cause a certificate of merger with respect to the Partnership Merger to be duly executed and filed with the Delaware Secretary of State (the “DE SOS”) in accordance with the DRULPA (the “Partnership Certificate of Merger”) and (ii) make any other filings, recordings or publications required to be made by REIT II Operating Partnership, REIT I Operating Partnership or the Surviving Partnership under the DRULPA in connection with the Partnership Merger. The Partnership Merger shall become effective at the time set forth in the Partnership Certificate of Merger (such date and time, the “Partnership Merger Effective Time”), it being understood and agreed that the Parties shall cause the Partnership Merger Effective Time to occur on the Closing Date after the REIT Merger Effective Time. Section 2.4

Effective Times. (a) On As early as practicable on the Closing Date, REIT II, REIT I and Merger Sub shall (i) cause articles Merger Sub and the Company shall file the Certificates of merger with respect to the REIT Merger to be duly executed and filed with the State Department of Assessments and Taxation of Maryland (the “SDAT”) in accordance with all requirements under the MGCL Entity Law, and shall make all other filings and recordings required under the MLLCA (the “Articles of Merger”) Entity Law and (ii) make any other filings, recordings or publications required to be made by REIT I, OP Merger Sub or and Company OP shall file the Surviving Entity OP Certificate of Merger in accordance with all requirements under the MGCL or MLLCA in connection with OP Merger Entity Law, and make all other filings and recordings required under the REIT MergerOP Merger Entity Law. The REIT Merger shall become effective (the “Merger Effective Time”) on the Closing Date at such time as the Articles Certificates of Merger are accepted for record by in accordance with all requirements under the SDAT Entity Law (or on at such other later date and time (not to exceed thirty (30) days after the Articles of Merger are accepted for record by the SDAT) as may be specified in the Articles Certificates of Merger), and, immediately prior to the Merger (such date and timeEffective Time, the OP Merger shall become effective (the “REIT OP Merger Effective Time” and together and, collectively with the Partnership Merger Effective Time, the “Merger Effective TimeTimes”), it being understood and agreed that the Parties shall cause the REIT Merger Effective Time to occur ) on the Closing Date at such time as the OP Certificate of Merger is accepted for record in accordance with all requirements under the OP Merger Entity Law (or at such later date and before time as may be specified in the Partnership OP Certificate of Merger). The Merger shall have the effects specified in this Agreement, the Certificates of Merger and the applicable provisions of the Entity Law. The OP Merger shall have the effects specified in this Agreement, the OP Certificate of Merger and the applicable provisions of the OP Merger Entity Law. Without limiting the generality of the foregoing and subject to the terms of this Agreement, (i) at the Merger Effective Time. The Articles , all the respective properties, rights, privileges, powers and franchises of Merger the Constituent Entities shall provide that vest in the name Surviving Entity, and all debts, liabilities and duties of the Constituent Entities shall become the debts, liabilities and duties of the Surviving Entity shall be “Globe Merger Sub, LLC”. (b) On the Closing Date, REIT II Operating Partnership and REIT I Operating Partnership shall (i) cause a certificate of merger with respect to the Partnership Merger to be duly executed and filed with the Delaware Secretary of State (the “DE SOS”) in accordance with the DRULPA (the “Partnership Certificate of Merger”) and (ii) make any other filings, recordings or publications required to be made by REIT II Operating Partnership, REIT I Operating Partnership or the Surviving Partnership under the DRULPA in connection with the Partnership Merger. The Partnership Merger shall become effective at the time set forth in the Partnership Certificate of Merger (such date and time, the “Partnership OP Merger Effective Time”), it being understood all the respective properties rights, privileges, powers and agreed that franchises of the Parties OP Merger Constituent Entities shall cause vest in the Partnership Surviving Partnership, and all debts, liabilities and duties of the OP Merger Effective Time to occur on Constituent Entities shall become the Closing Date after debts, liabilities and duties of the REIT Merger Effective Time. Section 2.4Surviving Partnership.

Effective Times. Upon the Closing, the parties shall file with the Secretary of State of the State of Washington (athe “Washington Secretary of State”) On the Closing Date, REIT II, REIT I and Merger Sub shall (i) cause articles of merger with respect to (including the REIT plan of merger for Merger to be duly executed I) substantially in the form set forth as Exhibit B and filed with the State Department of Assessments and Taxation of Maryland any other appropriate documents for Merger I (in any such case, the “SDAT”) in accordance with the MGCL and the MLLCA (the “First Articles of Merger”) executed in accordance with the relevant provisions of the WBCA and (ii) shall make any other filings, recordings or publications filings required to be made by REIT I, Merger Sub or the Surviving Entity under the MGCL or MLLCA WBCA in connection with the REIT Merger. The REIT Merger I. Merger I shall become effective at such time as the First Articles of Merger are accepted for record by duly filed with the SDAT Washington Secretary of State, or on at such other date time as the parties hereto may agree and specify in the First Articles of Merger (the time Merger I becomes effective being the “Effective Time”). Subject to the provisions of this Agreement, concurrently with or as soon as practicable following the Effective Time, the parties hereto shall duly execute and file: (not to exceed thirty a) with the Washington Secretary of State the articles of merger (30including the plan of merger for Merger II) days after substantially in the form set forth as Exhibit C-1 and any other appropriate documents for Merger II (the “Second Articles of Merger” and, together with the First Articles of Merger, the “Articles of Merger”) executed in accordance with the relevant provisions of the WBCA, and (b) with the Secretary of State of the State of Delaware (the “Delaware Secretary of State”) a certificate of merger substantially in the form set forth as Exhibit C-2 and any other appropriate documents for Merger II (the “Certificate of Merger”) executed in accordance with the relevant provisions of the DLLCA, and shall make any other filings required under the WBCA and the DLLCA in connection with Merger II. Merger II shall become effective at such time as the Second Articles of Merger are accepted for record by duly filed with the SDAT) as specified in Washington Secretary of State and the Articles Certificate of Merger (such date and time, the “REIT Merger Effective Time” and together with the Partnership Merger Effective Time, the “Merger Effective Time”), it being understood and agreed that the Parties shall cause the REIT Merger Effective Time to occur on the Closing Date and before the Partnership Merger Effective Time. The Articles of Merger shall provide that the name of the Surviving Entity shall be “Globe Merger Sub, LLC”. (b) On the Closing Date, REIT II Operating Partnership and REIT I Operating Partnership shall (i) cause a certificate of merger with respect to the Partnership Merger to be is duly executed and filed with the Delaware Secretary of State (State, or at such later time as the “DE SOS”) in accordance with the DRULPA (the “Partnership Certificate of Merger”) parties may agree and (ii) make any other filings, recordings or publications required to be made by REIT II Operating Partnership, REIT I Operating Partnership or the Surviving Partnership under the DRULPA in connection with the Partnership Merger. The Partnership Merger shall become effective at the time set forth specify in the Partnership Second Articles of Merger and the Certificate of Merger (such date and time, the time Merger II becomes effective being the “Partnership Merger Second Effective Time”), it being understood and agreed that the Parties shall cause the Partnership Merger Effective Time to occur on the Closing Date after the REIT Merger Effective Time. Section 2.4.

Effective Times. Unless this Agreement is earlier terminated pursuant to Section 10.1 hereof, the closing of the Merger (athe “Closing”) will take place following satisfaction or waiver of the conditions set forth in Article 9, on the date as indicated by Acquirer in a written notice to the Company delivered at least two (2) days prior to the desired Closing Date, November 1, 2018; but in any event, the Closing Date shall be no later than ten days therafter, and the Closing shall take place at the offices of Pillsbury Xxxxxxxx Xxxx Xxxxxxx LLP, 0000 Xxxxxxx Xxxxxx, Xxxx Xxxx, Xxxxxxxxxx, 00000-0000 unless another place or time is agreed to by Acquirer and the Company (the “Closing Date”). On the Closing Date, REIT II, REIT I and Merger Sub the Parties shall cause (ia) cause articles a certificate of merger with respect to the REIT First Merger (the “First Certificate of Merger”) to be duly executed and filed with the Secretary of State Department of Assessments and Taxation the State of Maryland Texas (the “SDATTSOS”) in accordance with as provided Table of Contents under the MGCL TBOC and the MLLCA (the “Articles of Merger”) and (ii) make any other filings, recordings or publications required to be made by REIT I, the Company or Merger Sub or the Surviving Entity 1 under the MGCL or MLLCA TBOC in connection with the REIT First Merger. The REIT Merger shall become effective at such time as the Articles of Merger are accepted for record by the SDAT or on such other date , and time (not to exceed thirty (30) days after the Articles of Merger are accepted for record by the SDAT) as specified in the Articles of Merger (such date and time, the “REIT Merger Effective Time” and together with the Partnership Merger Effective Time, the “Merger Effective Time”), it being understood and agreed that the Parties shall cause the REIT Merger Effective Time to occur on the Closing Date and before the Partnership Merger Effective Time. The Articles of Merger shall provide that the name of the Surviving Entity shall be “Globe Merger Sub, LLC”. (b) On the Closing Date, REIT II Operating Partnership and REIT I Operating Partnership shall (i) cause a certificate of merger with respect to the Partnership Second Merger (the “Second Certificate of Merger”) to be duly executed and filed with the Delaware Secretary of State (TSOS as provided under the “DE SOS”) in accordance with the DRULPA (the “Partnership Certificate of Merger”) TBOC and (ii) make any other filings, recordings or publications required to be made by REIT II Operating Partnership, REIT I Operating Partnership the Company or the Surviving Partnership Merger Sub 1 under the DRULPA TBOC in connection with the Partnership Second Merger. The Partnership First Merger shall become effective at such time as the First Certificate of Merger is duly filed with the TSOS or on such other date and time set forth as shall be agreed to by the Company and Acquirer and specified in the Partnership First Certificate of Merger (such date and time, time being hereinafter referred to as the “Partnership Merger First Effective Time”). The Second Merger shall become effective at such time as the Second Certificate of Merger is duly filed with the TSOS or on such other date and time as shall be agreed to by the Company and Acquirer and specified in the Second Certificate of Merger, it being understood and agreed that in all events, following the Parties shall cause the Partnership Merger First Effective Time (such date and time being hereinafter referred to occur on as the Closing Date after the REIT Merger “Second Effective Time”). Section 2.4The First Effective Time shall, in all events, precede the Second Effective Time.

Effective Times. Subject to the provisions of this Agreement, on the Closing Date the parties hereto shall cause the Parent Merger to be consummated by filing articles of merger with the Secretary of State of the State of North Carolina and an agreement of merger with the Secretary of State of the State of California and an agreement of merger or other instrument having similar effect with each other appropriate Governmental Authority as may be necessary to effect the Parent Merger (a) On collectively, the “Parent Agreements of Merger”), each in such form as is required by the relevant respective provisions of Applicable Law. Subject to the provisions of this Agreement, on the Closing Date, REIT II, REIT I and Merger Sub shall (i) cause articles of merger with respect to immediately following the REIT Merger to be duly executed and filed with the State Department of Assessments and Taxation of Maryland (the “SDAT”) in accordance with the MGCL and the MLLCA (the “Articles of Parent Merger”) and (ii) make any other filings, recordings or publications required to be made by REIT I, Merger Sub or the Surviving Entity under the MGCL or MLLCA in connection with the REIT Merger. The REIT Merger shall become effective at such time as the Articles of Merger are accepted for record by the SDAT or on such other date and time (not to exceed thirty (30) days after the Articles of Merger are accepted for record by the SDAT) as specified in the Articles of Merger (such date and time, the “REIT Merger Effective Time” and together with the Partnership Merger Effective Time, the “Merger Effective Time”), it being understood and agreed that the Parties parties hereto shall cause the REIT Merger Effective Time Bank Conversion to occur be consummated. Subject to the provisions of this Agreement, on the Closing Date and before the Partnership Merger Effective Time. The Articles of Merger shall provide that the name of the Surviving Entity shall be “Globe Merger Sub, LLC”. (b) On the Closing Date, REIT II Operating Partnership immediately following the Bank Conversion, the parties hereto shall cause the Bank Merger to be consummated. Subject to the provisions of this Agreement, on the Closing Date, immediately following the Parent Merger, the Bank Conversion, the Bank Merger, the Subsidiary Merger Consideration Contribution and REIT I Operating Partnership the Stock Contribution, the parties hereto shall (i) cause a certificate the Subsidiary Merger to be consummated by filing an agreement of merger with respect to the Partnership Merger to be duly executed and filed with the Delaware Secretary of State of the State of California and an agreement of merger or other instrument having similar effect with each other appropriate Governmental Authority as may be necessary to effect the Subsidiary Merger (collectively, the “DE SOS”) in accordance with the DRULPA (the “Partnership Certificate Subsidiary Agreements of Merger”), in such form as is required by the relevant respective provisions of Applicable Law. The term “Parent Effective Time” means the date and time of the filing of the last of the Parent Agreements of Merger with the Secretary of State of the State of North Carolina, the Secretary of State of the State of California and with each other Governmental Authority as may be required under Applicable Law (or such later time as may be agreed upon by each of the parties and specified in the Parent Agreements of Merger) and (ii) make any other filings, recordings or publications required to be made by REIT II Operating Partnership, REIT I Operating Partnership or the Surviving Partnership under term “Subsidiary Effective Time” means the DRULPA in connection date and time of the filing of the last of the Subsidiary Agreements of Merger with the Partnership Merger. The Partnership Merger shall become effective at Secretary of State of the State of California and with each other Governmental Authority as may be required under Applicable Law (or such later time set forth as may be agreed upon by each of the parties and specified in the Partnership Certificate Subsidiary Agreements of Merger (such date and time, the “Partnership Merger Effective Time”Merger), it being understood and agreed that the Parties shall cause the Partnership Merger Effective Time to occur on the Closing Date after the REIT Merger Effective Time. Section 2.4.

Effective Times. (a) On Subject to the provisions of this Agreement, on the Closing Date, REIT II, REIT I and Merger Sub shall (i) cause articles a certificate of merger with respect satisfying the applicable requirements of the DGCL, in form and substance reasonably satisfactory to Parent and the REIT Merger to Company (the “First Certificate of Merger”), shall be duly executed by the Company and filed with the Secretary of State Department of Assessments and Taxation the State of Maryland (the “SDAT”) in accordance with the MGCL Delaware, and the MLLCA (the “Articles of Merger”) and (ii) Parties shall make any other filings, recordings or publications required to be made by REIT I, Merger Sub or the Surviving Entity under the MGCL or MLLCA DGCL in connection with the REIT First Merger. The REIT First Merger shall become effective upon the filing of the First Certificate of Merger with the Secretary of State of the State of Delaware or, if otherwise agreed to by the Company and Parent, at such later time as the Articles of Merger are accepted for record by the SDAT or on such other date and time (not to exceed thirty (30) days after the Articles of Merger are accepted for record by the SDAT) as may be specified in the Articles First Certificate of Merger (such date and time, the effective time of the First Merger being referred to as the “REIT Merger Effective Time” and together with the Partnership Merger Effective Time, the “Merger First Effective Time”), it being understood and agreed that . Immediately following the Parties shall cause the REIT Merger Effective Time to occur on the Closing Date and before the Partnership Merger First Effective Time. The Articles of Merger , (a) if the Revised Structure Notice shall provide that the name of the Surviving Entity shall be “Globe Merger Subnot have been delivered by Parent in accordance with Section 2.7, LLC”. (b) On the Closing Date, REIT II Operating Partnership and REIT I Operating Partnership shall (i) cause a certificate of merger with respect satisfying the applicable requirements of the DLLCA, in form and substance reasonably satisfactory to Parent and the Partnership Merger to Company shall be duly executed by Merger Sub II and filed with the Delaware Secretary of State (of the “DE SOS”) in accordance with State of Delaware, and the DRULPA (the “Partnership Certificate of Merger”) and (ii) Parties shall make any other filings, recordings or publications required to be made by REIT II Operating Partnership, REIT I Operating Partnership or the Surviving Partnership under the DRULPA DLLCA in connection with the Partnership Second Merger or (b) if the Revised Structure Notice shall have been delivered by Parent in accordance with Section 2.7, a certificate of merger satisfying the applicable requirements of the DGCL, in form and substance reasonably satisfactory to Parent and the Company (a certificate of merger pursuant to clause (a) or (b), the “Second Certificate of Merger” and each of which, including the First Certificate of Merger, may be referred to as a “Certificate of Merger”) shall be duly executed by Parent and filed with the Secretary of State of the State of Delaware, and the Parties shall make any other filings, recordings or publications required to be made under the DGCL in connection with the Second Merger. The Partnership Second Merger shall become effective upon the filing of the Second Certificate of Merger with the Secretary of State of the State of Delaware or, if otherwise agreed to by the Company and Parent, at the such later time set forth as may be specified in the Partnership Second Certificate of Merger (such date and time, the effective time of the Second Merger being referred to as the “Partnership Merger Second Effective Time”), it being understood and agreed that the Parties shall cause the Partnership Merger Effective Time to occur on the Closing Date after the REIT Merger Effective Time. Section 2.4.