Common use of First Merger Clause in Contracts

First Merger. On the terms and subject to the conditions set forth in this Agreement and applicable provisions of Delaware Law, on the Closing Date Parent shall effect the First Merger, whereupon the separate corporate existence of Merger Sub I shall cease and the Company shall continue as the surviving corporation and a wholly owned subsidiary of Parent. The Company, as the surviving corporation after the First Merger, is sometimes referred to herein as the “First Merger Surviving Corporation.” The Merger shall become effective at the latest time of the filing and acceptance by the Secretary of State of the State of Delaware of the First Merger Certificate of Merger or such other later time as may be agreed by Parent and the Company and specified in the First Merger Certificate of Merger (such time the “First Merger Effective Time”).

First Merger. On Upon the terms of and subject to the conditions set forth in this Agreement Agreement, and applicable provisions of Delaware Lawin accordance with the DGCL, on at the Closing Date Parent Effective Time, Merger Sub I shall effect be merged with and into the First MergerCompany, whereupon the separate corporate existence of Merger Sub I shall cease cease, and the Company shall continue as the surviving corporation and a wholly owned subsidiary of ParentBuyer. The Company, as the surviving corporation after the First Merger, is sometimes referred to herein as the “First Merger Surviving CorporationEntity.” The First Merger shall become effective at as the latest time of the filing and acceptance by the Secretary of State of the State of Delaware of the First Merger Certificate of Merger or such other later time as may be agreed by Parent the Buyer Parties and the Company and specified in the First Merger Certificate of Merger (such time time, the “First Merger Effective Time”).