Common use of Effective Times Clause in Contracts

Effective Times. (a) At the Closing, REIT Merger Sub and the Company shall duly execute and file the Articles of Merger (the “Maryland Articles of Merger”) with the State Department of Assessments and Taxation of Maryland (the “SDAT”) in accordance with the Maryland REIT Law and shall duly execute and file with the Secretary of State of Delaware (the “DSOS”) a certificate of merger (the “Delaware Merger Certificate”) in accordance with the DLLCA and shall make all other filings or recordings required under the Maryland REIT Law or the DLLCA to effect the REIT Merger. The REIT Merger shall become effective upon the later of (A) such time as the Maryland Articles of Merger have been accepted for record by the SDAT and (B) such time as the Delaware Merger Certificate has been filed with the DSOS, or such later time which the parties hereto shall have agreed upon and designated in the Delaware Merger Certificate in accordance with the DLLCA and the Maryland Articles of Merger in accordance with the Maryland REIT Law as the effective time of the REIT Merger (the “REIT Merger Effective Time”).

Effective Times. (a) At On the ClosingClosing Date, REIT II, REIT I and Merger Sub shall (i) cause articles of merger with respect to the REIT Merger to be duly executed and the Company shall duly execute and file the Articles of Merger (the “Maryland Articles of Merger”) filed with the State Department of Assessments and Taxation of Maryland (the “SDAT”) in accordance with the Maryland REIT Law and shall duly execute and file with the Secretary of State of Delaware MGCL (the “DSOSArticles of Merger”), (ii) cause a certificate of merger with respect to the REIT Merger to be duly executed and filed with the Delaware Secretary of State (the “Delaware Merger CertificateDE SOS”) in accordance with the DLLCA (the “REIT I Certificate of Merger”), and shall (iii) make all any other filings filings, recordings or recordings publications required to be made by REIT I, Merger Sub or the Surviving Entity under the Maryland REIT Law MGCL or the DLLCA to effect in connection with the REIT Merger. The REIT Merger shall become effective upon at the later of (A) such time as set forth in the Maryland Articles of Merger have been accepted for record by the SDAT and (B) such time as the Delaware Merger Certificate has been filed with the DSOS, or such later time which the parties hereto shall have agreed upon and designated in the Delaware Merger Certificate in accordance with the DLLCA and the Maryland Articles REIT I Certificate of Merger in accordance with the Maryland REIT Law as the effective time of the REIT Merger (such date and time, the “REIT Merger Effective Time”), it being understood and agreed that the Parties shall cause the REIT Merger Effective Time to occur on the Closing Date and before the Partnership Merger Effective Time. The Articles of Merger and the REIT I Certificate of Merger shall provide that the name of the Surviving Entity shall be “Mxxxx National REIT II Subsidiary, LLC.”

Effective Times. (a) At On the ClosingClosing Date, REIT II, REIT III and Merger Sub shall (i) cause articles of merger with respect to the REIT Merger to be duly executed and the Company shall duly execute and file the Articles of Merger (the “Maryland Articles of Merger”) filed with the State Department of Assessments and Taxation of Maryland (the “SDAT”) in accordance with the Maryland REIT Law MGCL and shall duly execute and file with the Secretary of State of Delaware MLLCA (the “DSOSArticles of Merger”) a certificate of merger and (ii) make any other filings, recordings or publications required to be made by REIT III or the “Delaware Merger Certificate”) in accordance with the DLLCA and shall make all other filings or recordings required Surviving Entity under the Maryland REIT Law MGCL or the DLLCA to effect MLLCA in connection with the REIT Merger. The REIT Merger shall become effective upon the later of (A) at such time as the Maryland Articles of Merger have been are accepted for record by the SDAT or on such other date and time (B) such time as not to exceed 30 days after the Delaware Merger Certificate has been filed with the DSOS, or such later time which the parties hereto shall have agreed upon and designated in the Delaware Merger Certificate in accordance with the DLLCA and the Maryland Articles of Merger are accepted for record by the SDAT) as specified in accordance with the Maryland REIT Law as the effective time Articles of the REIT Merger (such date and time, the “REIT Merger Effective Time” and together with the Partnership Merger Effective Time, the “Merger Effective Time”), it being understood and agreed that the Parties shall cause the REIT Merger Effective Time to occur on the Closing Date and before the Partnership Merger Effective Time. The Articles of Merger shall provide that the name of the Surviving Entity shall be “Revolution III Merger Sub, LLC.”

Effective Times. (a) At Prior to the Closing, REIT Sxxxxxxxxx and Company shall prepare and, on the Closing Date, Company, Sxxxxxxxxx and Merger Sub shall (i) cause articles of merger with respect to the Sxxxxxxxxx Merger to be duly executed and the Company shall duly execute and file the Articles of Merger (the “Maryland Articles of Merger”) filed with the State Department of Assessments and Taxation of Maryland (the “SDAT”) in accordance with the Maryland REIT Law and shall duly execute and file with the Secretary of State of Delaware MGCL (the “DSOSArticles of Merger”), (ii) cause a certificate of merger with respect to the Sxxxxxxxxx Merger to be duly executed and filed with the Delaware Secretary of State (the “Delaware Merger CertificateDE SOS”) in accordance with the DLLCA (the “Sxxxxxxxxx Certificate of Merger”), and shall (iii) make all any other filings filings, recordings or recordings publications required to be made by Sxxxxxxxxx, Merger Sub or the Surviving Entity under the Maryland REIT Law MGCL or DLLCA in connection with the DLLCA to effect the REIT Sxxxxxxxxx Merger. The REIT Sxxxxxxxxx Merger shall become effective upon at the later of (A) such time as set forth in the Maryland Articles of Merger have been accepted for record by the SDAT and (B) such time as the Delaware Merger Certificate has been filed with the DSOS, or such later time which the parties hereto shall have agreed upon and designated in the Delaware Merger Certificate in accordance with the DLLCA and the Maryland Articles Sxxxxxxxxx Certificate of Merger in accordance with the Maryland REIT Law as the effective time of the REIT Merger (such date and time, the “REIT Sxxxxxxxxx Merger Effective Time”), it being understood and agreed that the Parties shall cause the Sxxxxxxxxx Merger Effective Time to occur on the Closing Date and after the Partnership Merger Effective Time. The Articles of Merger and the Sxxxxxxxxx Certificate of Merger shall provide that the name of the Surviving Entity shall be “Sxxxxxxxxx Asset Management, LLC”.

Effective Times. (a) At As a part of the ClosingClosing and in connection with the First Merger, REIT Merger Sub and the Company and Accuro shall duly execute and file the Articles cause a Certificate of Merger (the “Maryland Articles First Certificate of Merger”) with the State Department of Assessments to be properly executed and Taxation of Maryland (the “SDAT”) in accordance with the Maryland REIT Law and shall duly execute and file filed with the Secretary of State of the State of Texas and the Secretary of State of the State of Delaware (the “DSOS”) a certificate of merger (the “Delaware Merger Certificate”) in accordance with the DLLCA terms and shall make all other filings or recordings required under conditions of the Maryland REIT Law or TLLCA and the DLLCA to effect DGCL, respectively (the REIT Merger. The REIT First Merger shall become effective upon at the time of such later filing (the “First Effective Time”)). Following the First Effective Time, as a part of (A) such time as the Maryland Articles Closing and in connection with the Second Merger, the First Merger Surviving Corporation and the First Merger Subsidiary shall cause a Certificate of Merger have been accepted for record by (the SDAT “Second Certificate of Merger”) to be properly executed and (B) such time as the Delaware Merger Certificate has been filed with the DSOS, or such later time which Secretary of State of the parties hereto shall have agreed upon and designated in the State of Delaware Merger Certificate in accordance with the DLLCA terms and conditions of the DGCL (the Second Merger shall become effective at the time of such filing (the “Second Effective Time”)). Following the Second Effective Time, as a part of the Closing and in connection with the Third Merger, the Second Merger Surviving Corporation and the Maryland Articles Second Merger Subsidiary shall cause a Certificate of Merger (the “Third Certificate of Merger”) to be properly executed and filed with the Secretary of State of the State of Delaware in accordance with the Maryland REIT Law as terms and conditions of the DGCL and the DLLCA (the Third Merger shall become effective at the time of the REIT Merger such filing (the “REIT Merger Third Effective Time”)).

Effective Times. (a) At On the ClosingClosing Date, REIT II, REIT I and Merger Sub shall (i) cause articles of merger with respect to the REIT Merger to be duly executed and the Company shall duly execute and file the Articles of Merger (the “Maryland Articles of Merger”) filed with the State Department of Assessments and Taxation of Maryland (the “SDAT”) in accordance with the Maryland REIT Law MGCL and shall duly execute and file with the Secretary of State of Delaware MLLCA (the “DSOSArticles of Merger”) a certificate of merger and (ii) make any other filings, recordings or publications required to be made by REIT I or the “Delaware Merger Certificate”) in accordance with the DLLCA and shall make all other filings or recordings required Surviving Entity under the Maryland REIT Law MGCL or the DLLCA to effect MLLCA in connection with the REIT Merger. The REIT Merger shall become effective upon the later of (A) at such time as the Maryland Articles of Merger have been are accepted for record by the SDAT or on such other date and time (B) such time as not to exceed 30 days after the Delaware Merger Certificate has been filed with the DSOS, or such later time which the parties hereto shall have agreed upon and designated in the Delaware Merger Certificate in accordance with the DLLCA and the Maryland Articles of Merger are accepted for record by the SDAT) as specified in accordance with the Maryland REIT Law as the effective time Articles of the REIT Merger (such date and time, the “REIT Merger Effective Time” and together with the Partnership Merger Effective Time, the “Merger Effective Time”), it being understood and agreed that the Parties shall cause the REIT Merger Effective Time to occur on the Closing Date and before the Partnership Merger Effective Time. The Articles of Merger shall provide that the name of the Surviving Entity shall be “Revolution I Merger Sub, LLC.”