Common use of Second Effective Time Clause in Contracts

Second Effective Time. On the Closing Date, Merger Sub 2 and the Company shall cause Merger 2 to be consummated by the execution, acknowledgement and filing with the Secretary of State of the State of Delaware of a certificate of merger in the form required by Section 251 of the DGCL (the “Certificate of Merger 2”) and articles of merger in the form required by Section 23-0.6-2-5 of the Indiana Code (the “Articles of Merger”), with Merger 2 becoming effective immediately upon the later of the filing of the Certificate of Merger 2 with the Secretary of State of the State of Delaware the filing of the Articles of Merger with the Secretary of State of the State of Indiana or such other subsequent date and time as the Company and Pubco agree and specify in the Certificate of Merger 2 and Articles of Merger (the “Second Effective Time”).