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

Merger of Merger Sub into the Company. Upon the terms and subject to the conditions set forth in this Agreement, and in accordance with the applicable provisions of the MBCA and the DGCL, at the Effective Time, Merger Sub will be merged with and into the Company and the separate existence of Merger Sub will cease. The Company will continue as the surviving corporation in the Merger (the “Surviving Corporation”).

Merger of Merger Sub into the Company. Upon the terms and subject to the conditions set forth in this Agreement, Agreement and in accordance with the applicable provisions of the MBCA and the DGCLMBCA, at the Effective Time, the Company and Parent shall consummate the Merger, whereby Merger Sub will shall be merged with and into the Company Company, and the separate existence of Merger Sub will shall cease. The Company will continue as the surviving corporation in the Merger (the “Surviving Corporation”).