Common use of Second Merger Effective Time Clause in Contracts

Second Merger Effective Time. Upon the terms and subject to the conditions hereof, on the Closing Date, immediately after the First Merger Effective Time, Parent, LLC Merger Sub and the Surviving Corporation shall cause the Second Merger to be consummated in accordance with the DGCL and the Delaware Act by filing a certificate of merger (the time of such filing and acceptance by the Delaware Secretary of State, or as otherwise provided in the Certificate of Merger being referred to herein as the “Second Merger Effective Time”).

Appears in 1 contract

Sources: Agreement and Plan of Merger (K12 Inc)

Second Merger Effective Time. Upon the terms and subject to the conditions hereof, on On the Closing Date, immediately after following the Equity Purchase and the First Merger Effective Time, Parent, LLC Merger Sub and the Surviving Corporation Purchaser shall cause the First Merger Surviving Entity to file a properly executed certificate of merger in substantially the form attached hereto as Exhibit B (the “Second Merger to be consummated Certificate of Merger”) with the Secretary of State of the State of Delaware in accordance with the DGCL applicable provisions of the DLLCA. The Second Merger shall become effective at the date and the Delaware Act by filing a certificate of merger (the time of such filing and acceptance by the Delaware Secretary of State, or as otherwise provided in the Certificate of Merger being referred to herein as the “Second Merger Effective Time”).the

Appears in 1 contract

Sources: Purchase and Sale Agreement (Waldencast PLC)