Common use of Second Effective Time Clause in Contracts

Second Effective Time. Immediately following the Effective Time on the Closing Date, the Company and Merger Sub LLC will cause a statement of merger (the "Second Statement of Merger") to be executed, acknowledged, and filed with the Secretary of State of Colorado and the Secretary of State of Indiana in accordance with the relevant provisions of the CCAA and the Indiana Act and shall make all other filings or recordings required under the CCAA and the Indiana Act. The Second Merger will become effective at such time as the Second Statement of Merger has been duly filed with the Secretary of State of Colorado and the Secretary of State of Indiana or at such later date or time as may be agreed by the Company and Parent in writing and specified in the Second Statement of Merger in accordance with the CCAA and the Indiana Act (the effective time of the Second Merger being referred to herein as the "Second Effective Time").

Second Effective Time. Immediately following the Effective Time on the Closing Date, the Company and Merger Sub LLC will cause a statement certificate of merger (the "Second Statement Certificate of Merger") to be executed, acknowledged, and filed with the Secretary of State of Colorado Delaware and the Secretary of State of Indiana in accordance with the relevant provisions of the CCAA Delaware Law and the Indiana Act and shall make all other filings or recordings required under the CCAA Delaware Law and the Indiana Act. The Second Merger will become effective at such time as the Second Statement Certificate of Merger has been duly filed with the Secretary of State of Colorado Delaware and the Secretary of State of Indiana or at such later date or time as may be agreed by the Company and Parent in writing and specified in the Second Statement Certificate of Merger in accordance with the CCAA Delaware Law and the Indiana Act (the effective time of the Second Merger being referred to herein as the "Second Effective Time").