Common use of Merger 2 Clause in Contracts

Merger 2. Immediately following the consummation of Merger 1, and subject to and upon the terms and conditions of this Agreement, and in accordance with the applicable provisions of the DGCL and Indiana law, the Company and Merger Sub 2 shall consummate Merger 2, pursuant to which Merger Sub 2 shall be merged with and into the Company, following which the separate corporate existence of Merger Sub 2 shall be dissolved and the separate corporate existence of Merger Sub 2 shall cease and the Company shall continue as the surviving company. The Company, as the surviving company after Merger 2, is hereinafter sometimes referred to as the “Surviving Company 2” (provided, that references to the Company for periods after the Second Effective Time shall include Surviving Company 2).