Common use of Filing; Effective Time Clause in Contracts

Filing; Effective Time. As soon as practicable after the adoption and approval of this Agreement, the Merger and the other transactions contemplated hereby, if any, by the respective stockholders of each of the Constituent Corporations (unless one or more of the conditions contained in Sections 7 and 8 have not then been fulfilled or waived, then as soon as practicable after the fulfillment or waiver of all such conditions), an appropriate certificate of merger in the form required by law shall be executed and filed in the office of the Secretary of State of the respective states, at which time the Merger shall become effective (the “Closing” or the “Effective Time”). The parties intend the Closing to take place no later than 5:00 p.m., Eastern Standard Time, on August 18, 2005.

Filing; Effective Time. As soon as practicable after the adoption and ------------------------- approval of this Agreement, the Merger and the other transactions contemplated hereby, if any, by the respective stockholders of each of the Constituent Corporations (unless one or more of the conditions contained in Sections 7 and 8 have not then been fulfilled or waived, then as soon as practicable after the fulfillment or waiver of all such conditions), an appropriate certificate of merger in the form required by law shall be executed and filed in the office of the Secretary of State of the respective states, at which time the Merger shall become effective (the “"Closing” " or the “"Effective Time”"). The parties intend the Closing to take place no later than 5:00 p.m., Eastern Pacific Standard Time, on August 18September 30, 20052003.

Filing; Effective Time. As soon as practicable after the adoption and approval of this Agreement, the Merger and the other transactions contemplated hereby, if any, by the respective stockholders of each of the Constituent Corporations (unless one or more of the conditions contained in Sections 7 and 8 have not then been fulfilled or waived, then as soon as practicable after the fulfillment or waiver of all such conditions), an appropriate certificate of merger in the form required by law shall be executed and filed in the office of the Secretary of State of the respective states, at which time the Merger shall become effective (the “Closing” or the “"Effective Time”"). The parties intend the Closing to take place no later than 5:00 p.m., Eastern Pacific Standard Time, on August 18December 15, 20052003.