Filing; Effective Time. On the date of the Closing, Holdings and the Company will cause a Certificate of Merger to be properly executed and filed pursuant to Section 251 of the DGCL. The Merger shall become effective at such time as agreed in writing by Holdings and the Company and specified in the Certificate of Merger (or if the parties cannot agree on a time, the Certificate of Merger shall specify 9:15 a.m., eastern time, on the next business day following the day of the filing of the Certificate of Merger). Such filing shall be made contemporaneously with the Closing. When used in this Agreement, the term "Effective Time" shall mean the date and time at which the Merger shall become effective.
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Filing; Effective Time. On the date of the Closing, Holdings and the Company will cause a Certificate of Merger to be properly executed and filed pursuant to Section 251 of the DGCL. The Merger shall become effective at such time as agreed in writing by Holdings and the Company and specified in the Certificate of Merger (or if the parties cannot agree on a time, the Certificate of Merger shall specify 9:15 8:15 a.m., eastern time, on the next business day following the day of the filing of the Certificate of Merger). Such filing shall be made contemporaneously with the Closing. When used in this Agreement, the term "Effective Time" shall mean the date and time at which the Merger shall become effective.
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