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

Merger of Merger Sub with and into the Company. Upon the terms and subject to the conditions set forth in this Agreement, at the Effective Time (as defined in Section 1.3), Merger Sub shall be merged with and into the Company. By virtue of the Merger, at the Effective Time, the separate existence of Merger Sub shall cease and the Company shall continue as the surviving corporation in the Merger (the “Surviving Corporation”).

Appears in 4 contracts

Samples: Agreement and Plan of Merger and Reorganization (Creative Realities, Inc.), Agreement and Plan of Merger and Reorganization (Raven Industries Inc), Agreement and Plan of Merger and Reorganization (Broadcast International Inc)

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Merger of Merger Sub with and into the Company. Upon the terms and subject to the conditions set forth in this Agreement, at the Effective Time (as defined in Section 1.3), Merger Sub shall be merged with and into the Company. By virtue of the Merger, at the Effective Time, the separate existence of Merger Sub shall cease and the Company shall continue as the surviving corporation in the Merger (and as a wholly owned subsidiary of Parent. The Company as the surviving company after the Merger is referred to as the “Surviving Corporation.).

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Predictive Oncology Inc.), Agreement and Plan of Merger (Precision Therapeutics Inc.), Agreement and Plan of Merger (Skyline Medical Inc.)

Merger of Merger Sub with and into the Company. Upon the terms and subject to the conditions set forth in this Agreement, at the Effective Time (as defined in Section 1.3), Merger Sub shall be merged with and into the Company. By virtue of the Merger, at At the Effective Time, the separate corporate existence of Merger Sub shall cease and the Company shall continue as the surviving corporation limited liability company in the Merger (and as a wholly owned subsidiary of Parent. The Company as the surviving company after the Merger is referred to as the “Surviving CorporationCompany).

Appears in 2 contracts

Samples: Asset Contribution and Separation Agreement (Alliqua BioMedical, Inc.), Agreement and Plan of Merger (Wireless Ronin Technologies Inc)

Merger of Merger Sub with and into the Company. Upon the terms and subject to the conditions set forth in this Agreement, at the Effective Time (as defined in Section 1.3‎1.3), Merger Sub shall be merged with and into the Company. By virtue of the Merger, at the Effective Time, the separate existence of Merger Sub shall cease and the Company shall continue as the surviving corporation in the Merger (the “Surviving Corporation”).

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Broadcast International Inc)

Merger of Merger Sub with and into the Company. Upon the terms and subject to the conditions set forth in this AgreementAgreement and to the applicable provisions of the DGCL, at the Effective Time (as defined in Section 1.3), Merger Sub shall be merged with and into the Company. By virtue of the Merger, at the Effective Time, which time the separate existence of Merger Sub shall cease and the Company shall will continue as the surviving corporation in the Merger (the “Surviving Corporation”"SURVIVING CORPORATION").

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Mitokor)

Merger of Merger Sub with and into the Company. Upon the terms and subject to the conditions set forth in this Agreement, at the Effective Time (as defined in Section 1.3), Merger Sub shall be merged with and into the Company. By virtue of the Merger, at the Effective Time, and the separate existence of Merger Sub shall cease and the cease. The Company shall will continue as the surviving corporation in the Merger (the “Surviving Corporation”).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Ipass Inc)

Merger of Merger Sub with and into the Company. Upon the terms and subject to the conditions set forth in this Agreement, and in reliance upon the representations, warranties and covenants of the Company, at the Effective Time (as defined in Section 1.3)Time, Merger Sub shall be merged with and into the Company. By virtue of the Merger, at the Effective Time, and the separate existence of Merger Sub shall cease and the cease. The Company shall continue as the surviving corporation in the Merger (the “Surviving Corporation”), as a wholly owned subsidiary of Acquirer.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Gatsby Digital, Inc.)

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Merger of Merger Sub with and into the Company. Upon the terms and subject to the conditions set forth in this Agreement, at the Effective Time (as defined in Section 1.3)Time, Merger Sub shall be merged with and into the Company. By virtue of the Merger, at At the Effective Time, the separate corporate existence of Merger Sub shall cease and the Company shall continue as the surviving corporation in the Merger (and as a wholly owned subsidiary of Parent. The Company as the surviving corporation after the Merger is referred to as the “Surviving CorporationCompany).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Twinlab Consolidated Holdings, Inc.)

Merger of Merger Sub with and into the Company. Upon the terms and subject to the conditions set forth in this AgreementAgreement and to the applicable provisions of the DGCL, at the Effective Time (as defined in Section 1.3), Merger Sub shall be merged with and into the Company. By virtue of the Merger, at the Effective Time, which time the separate existence of Merger Sub shall cease and the Company shall will continue as the surviving corporation in the Merger (the “Surviving Corporation").

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (MIGENIX Inc.)

Merger of Merger Sub with and into the Company. Upon the terms and subject to the conditions set forth in this Agreement, at the Effective Time (as defined in Section 1.3), Merger Sub shall will be merged with and into the Company. By virtue of the Merger, at the Effective Time, and the separate existence of Merger Sub shall cease and the will cease. The Company shall will continue as the surviving corporation in the Merger (the "Surviving Corporation").

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Quokka Sports Inc)

Merger of Merger Sub with and into the Company. Upon the terms and subject to the conditions set forth in this Agreement, at the Effective Time (as defined in Section 1.3), Merger Sub shall be merged with and into the Company. By virtue of the Merger, at At the Effective Time, the separate existence of Merger Sub shall cease and the Company shall continue as the surviving corporation limited liability company in the Merger (the “Surviving CorporationCompany)) and become a wholly owned subsidiary of Parent.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Western Capital Resources, Inc.)

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