Common use of Merger of Merger Sub into the Company Clause in Contracts

Merger of Merger Sub into the Company. Subject to the achievement of the First Product Milestone or the exercise of the Optional Closing Right, and upon the terms and subject to the conditions set forth in this Agreement, at the Effective Time (as defined herein), Merger Sub shall be merged with and into the Company, and the separate existence of Merger Sub shall cease. The Company will continue as the surviving corporation in the Merger (the “Surviving Corporation”) and shall continue its existence under the laws of Delaware.

Merger of Merger Sub into the Company. Subject to the achievement of the First Product Milestone or the exercise of the Optional Closing Right, and upon Upon the terms and subject to the conditions set forth in this Agreement, at the Effective Time (as defined hereinbelow), Merger Sub shall will be merged with and into the Company, and the separate existence of Merger Sub shall will cease. The Company will continue as the surviving corporation in the Merger (the “Surviving Corporation”) ). The Merger will have the effects set forth in this Agreement and shall continue its existence under in the laws applicable provisions of Delawarethe Delaware General Corporation Law.

Merger of Merger Sub into the Company. Subject to the achievement of the First Product Milestone or the exercise of the Optional Closing Right, and upon Upon the terms and subject to the conditions set forth in this Agreement, at the Effective Time (as defined hereinbelow), Merger Sub shall be merged merge with and into the Company, and the separate existence of Merger Sub shall cease. The Company will continue as the surviving corporation in the Merger (the “Surviving Corporation”) ). The Merger has the effects set forth in this Agreement and shall continue its existence under in the laws applicable provisions of Delawarethe Delaware General Corporation Law.