Common use of The Company Merger Clause in Contracts

The Company Merger. At the Effective Time and subject to and upon the terms and conditions of this Agreement and in accordance with the applicable provisions of the DLLCA, Company Merger Sub and the Company shall consummate the Company Merger, pursuant to which Company Merger Sub shall be merged with and into the Company, following which the separate corporate existence of Company Merger Sub shall cease and the Company shall continue as the surviving entity in the Company Merger. The Company as the surviving entity after the Company Merger is hereinafter sometimes referred to as “Company Surviving Subsidiary” (provided, that references to the Company herein for periods after the Effective Time shall include the Company Surviving Subsidiary), and together with Purchaser Surviving Subsidiary, the “Surviving Subsidiaries” (provided, that notwithstanding the Company Merger, the Company shall not be included within the meaning of the term Purchaser Parties for purposes of this Agreement).

The Company Merger. At On the Closing Date, at the Effective Time and subject to and upon the terms and conditions of this Agreement and in accordance with the applicable provisions of the Delaware Limited Liability Company Act, as amended (the “DLLCA”), Company Merger Sub and the Company shall consummate the Company Merger, pursuant to which Company Merger Sub shall be merged with and into the Company, following which the separate corporate limited liability company existence of Company Merger Sub shall cease and the Company shall continue as the surviving entity limited liability company in the Company Merger. The Company as the surviving entity limited liability company after the Company Merger is hereinafter sometimes referred to as “Company Surviving Subsidiary” (provided, provided that references to the Company herein for periods after the Effective Time shall include the Company Surviving Subsidiary), and together with Purchaser Surviving Subsidiary, the “Surviving Subsidiaries” (providedprovided that, that notwithstanding the Company Merger, the Company shall will not be included within the meaning of the term Purchaser Parties for purposes of this Agreement).

The Company Merger. At the Effective Time and subject to and upon the terms and conditions of this Agreement and in accordance with the applicable provisions of the DLLCAWashington Limited Liability Company Act, as amended (the “WA LLC Act”), Company Merger Sub and the Company shall consummate the Company Merger, pursuant to which Company Merger Sub shall be merged with and into the Company, following which the separate corporate limited liability company existence of Company Merger Sub shall cease and the Company shall continue as the surviving entity limited liability company in the Company Merger. The Company as the surviving entity limited liability company after the Company Merger is hereinafter sometimes referred to as “Company Surviving Subsidiary” (provided​(provided, that references to the Company herein for periods after the Effective Time shall include the Company Surviving Subsidiary), and together with Purchaser Surviving Subsidiary, the “Surviving Subsidiaries” (provided​(provided, that notwithstanding the Company Merger, the Company shall will not be included within the meaning of the term Purchaser Parties for purposes of this Agreement).

The Company Merger. At the Effective Time and subject to and upon the terms and conditions of this Agreement and in accordance with the applicable provisions of the DLLCAColorado Limited Liability Company Act, as amended (the “Colorado Act”), Company Merger Sub and the Company shall consummate the Company Merger, pursuant to which Company Merger Sub shall be merged with and into the Company, following which the separate corporate limited liability company existence of Company Merger Sub shall cease and the Company shall continue as the surviving entity limited liability company in the Company Merger. The Company as the surviving entity limited liability company after the Company Merger is hereinafter sometimes referred to as “Company Surviving Subsidiary” (provided, that references to the Company herein for periods after the Effective Time shall include the Company Surviving Subsidiary), and together with Purchaser Surviving Subsidiary, the “Surviving Subsidiaries” (provided, that notwithstanding the Company Merger, the Company shall will not be included within the meaning of the term Purchaser Parties for purposes of this Agreement).