Common use of Effective Times Clause in Contracts

Effective Times. As early as practicable on the Closing Date, (i) Merger Sub and the Company shall file the Certificates of Merger in accordance with all requirements under the Entity Law, and shall make all other filings and recordings required under the Entity Law and (ii) OP Merger Sub and Company OP shall file the OP Certificate of Merger in accordance with all requirements under the OP Merger Entity Law, and make all other filings and recordings required under the OP Merger Entity Law. The Merger shall become effective (the “Merger Effective Time”) on the Closing Date at such time as the Certificates of Merger are accepted for record in accordance with all requirements under the Entity Law (or at such later date and time as may be specified in the Certificates of Merger), and, immediately prior to the Merger Effective Time, the OP Merger shall become effective (the “OP Merger Effective Time” and, collectively with the Merger Effective Time, the “Effective Times”) on the Closing Date at such time as the OP Certificate of Merger is accepted for record in accordance with all requirements under the OP Merger Entity Law (or at such later date and time as may be specified in the OP Certificate of Merger). The Merger shall have the effects specified in this Agreement, the Certificates of Merger and the applicable provisions of the Entity Law. The OP Merger shall have the effects specified in this Agreement, the OP Certificate of Merger and the applicable provisions of the OP Merger Entity Law. Without limiting the generality of the foregoing and subject to the terms of this Agreement, (i) at the Merger Effective Time, all the respective properties, rights, privileges, powers and franchises of the Constituent Entities shall vest in the Surviving Entity, and all debts, liabilities and duties of the Constituent Entities shall become the debts, liabilities and duties of the Surviving Entity and (ii) at the OP Merger Effective Time, all the respective properties rights, privileges, powers and franchises of the OP Merger Constituent Entities shall vest in the Surviving Partnership, and all debts, liabilities and duties of the OP Merger Constituent Entities shall become the debts, liabilities and duties of the Surviving Partnership.

Effective Times. As early as practicable on (a) On the Closing Date, REIT II, REIT I and Merger Sub shall (i) cause articles of merger with respect to the REIT Merger Sub to be duly executed and filed with the Company shall file State Department of Assessments and Taxation of Maryland (the Certificates of Merger “SDAT”) in accordance with all requirements under the Entity Law, MGCL and shall make all other filings and recordings required under the Entity Law MLLCA (the “Articles of Merger”) and (ii) OP make any other filings, recordings or publications required to be made by REIT I, Merger Sub and Company OP shall file or the OP Certificate of Merger in accordance with all requirements Surviving Entity under the OP Merger Entity Law, and make all other filings and recordings required under MGCL or MLLCA in connection with the OP Merger Entity LawREIT Merger. The REIT Merger shall become effective at such time as the Articles of Merger are accepted for record by the SDAT or on such other date and time (not to exceed thirty (30) days after the Articles of Merger are accepted for record by the SDAT) as specified in the Articles of 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 at such time as and before the Certificates Partnership Merger Effective Time. The Articles of Merger are accepted for record shall provide that the name of the Surviving Entity shall be “Globe Merger Sub, LLC”. (b) On the Closing Date, REIT II Operating Partnership and REIT I Operating Partnership shall (i) cause a certificate of merger with respect to the Partnership Merger to be duly executed and filed with the Delaware Secretary of State (the “DE SOS”) in accordance with all requirements the DRULPA (the “Partnership Certificate of Merger”) and (ii) make any other filings, recordings or publications required to be made by REIT II Operating Partnership, REIT I Operating Partnership or the Surviving Partnership under the Entity Law (or at such later date and time as may be specified DRULPA in connection with the Certificates of Partnership Merger), and, immediately prior to the Merger Effective Time, the OP . The Partnership Merger shall become effective at the time set forth in the Partnership Certificate of Merger (such date and time, the “OP Partnership Merger Effective Time” and”), collectively with it being understood and agreed that the Parties shall cause the Partnership Merger Effective Time, the “Effective Times”) Time to occur on the Closing Date at such time as after the OP Certificate of Merger is accepted for record in accordance with all requirements under the OP Merger Entity Law (or at such later date and time as may be specified in the OP Certificate of Merger). The Merger shall have the effects specified in this Agreement, the Certificates of Merger and the applicable provisions of the Entity Law. The OP Merger shall have the effects specified in this Agreement, the OP Certificate of Merger and the applicable provisions of the OP Merger Entity Law. Without limiting the generality of the foregoing and subject to the terms of this Agreement, (i) at the REIT Merger Effective Time, all the respective properties, rights, privileges, powers and franchises of the Constituent Entities shall vest in the Surviving Entity, and all debts, liabilities and duties of the Constituent Entities shall become the debts, liabilities and duties of the Surviving Entity and (ii) at the OP Merger Effective Time, all the respective properties rights, privileges, powers and franchises of the OP Merger Constituent Entities shall vest in the Surviving Partnership, and all debts, liabilities and duties of the OP Merger Constituent Entities shall become the debts, liabilities and duties of the Surviving Partnership.. Section 2.4

Effective Times. As early Unless this Agreement is earlier terminated pursuant to Section 10.1 hereof, the closing of the Merger (the “Closing”) will take place following satisfaction or waiver of the conditions set forth in Article 9, on the date as practicable on indicated by Acquirer in a written notice to the Company delivered at least two (2) days prior to the desired Closing Date, November 1, 2018; but in any event, the Closing Date shall be no later than ten days therafter, and the Closing shall take place at the offices of Pillsbury Xxxxxxxx Xxxx Xxxxxxx LLP, 0000 Xxxxxxx Xxxxxx, Xxxx Xxxx, Xxxxxxxxxx, 00000-0000 unless another place or time is agreed to by Acquirer and the Company (the “Closing Date”). On the Closing Date, the Parties shall cause (ia) a certificate of merger with respect to the First Merger (the “First Certificate of Merger”) to be duly executed and filed with the Secretary of State of the State of Texas (the “TSOS”) as provided Table of Contents under the TBOC and make any other filings, recordings or publications required to be made by the Company or Merger Sub 1 under the TBOC in connection with the First Merger, and (b) a certificate of merger with respect to the Second Merger (the “Second Certificate of Merger”) to be duly executed and filed with the TSOS as provided under the TBOC and make any other filings, recordings or publications required to be made by the Company shall file the Certificates of or Merger in accordance with all requirements Sub 1 under the Entity Law, and shall make all other filings and recordings required under TBOC in connection with the Entity Law and (ii) OP Merger Sub and Company OP shall file the OP Certificate of Merger in accordance with all requirements under the OP Merger Entity Law, and make all other filings and recordings required under the OP Merger Entity LawSecond Merger. The First Merger shall become effective (the “Merger Effective Time”) on the Closing Date at such time as the Certificates First Certificate of Merger are accepted for record in accordance is duly filed with all requirements under the Entity Law (TSOS or at on such later other date and time as may shall be agreed to by the Company and Acquirer and specified in the Certificates First Certificate of Merger), and, immediately prior Merger (such date and time being hereinafter referred to as the Merger “First Effective Time, the OP ”). The Second Merger shall become effective (the “OP Merger Effective Time” and, collectively with the Merger Effective Time, the “Effective Times”) on the Closing Date at such time as the OP Second Certificate of Merger is accepted for record in accordance duly filed with all requirements under the OP Merger Entity Law (TSOS or at on such later other date and time as may shall be agreed to by the Company and Acquirer and specified in the OP Second Certificate of Merger, and in all events, following the First Effective Time (such date and time being hereinafter referred to as the “Second Effective Time”). The Merger shall have First Effective Time shall, in all events, precede the effects specified in this Agreement, the Certificates of Merger and the applicable provisions of the Entity Law. The OP Merger shall have the effects specified in this Agreement, the OP Certificate of Merger and the applicable provisions of the OP Merger Entity Law. Without limiting the generality of the foregoing and subject to the terms of this Agreement, (i) at the Merger Second Effective Time, all the respective properties, rights, privileges, powers and franchises of the Constituent Entities shall vest in the Surviving Entity, and all debts, liabilities and duties of the Constituent Entities shall become the debts, liabilities and duties of the Surviving Entity and (ii) at the OP Merger Effective Time, all the respective properties rights, privileges, powers and franchises of the OP Merger Constituent Entities shall vest in the Surviving Partnership, and all debts, liabilities and duties of the OP Merger Constituent Entities shall become the debts, liabilities and duties of the Surviving Partnership.

Effective Times. As early Subject to the provisions of this Agreement, on the Closing Date the parties hereto shall cause the Parent Merger to be consummated by filing articles of merger with the Secretary of State of the State of North Carolina and an agreement of merger with the Secretary of State of the State of California and an agreement of merger or other instrument having similar effect with each other appropriate Governmental Authority as practicable may be necessary to effect the Parent Merger (collectively, the “Parent Agreements of Merger”), each in such form as is required by the relevant respective provisions of Applicable Law. Subject to the provisions of this Agreement, on the Closing Date, (i) immediately following the Parent Merger, the parties hereto shall cause the Bank Conversion to be consummated. Subject to the provisions of this Agreement, on the Closing Date, immediately following the Bank Conversion, the parties hereto shall cause the Bank Merger Sub to be consummated. Subject to the provisions of this Agreement, on the Closing Date, immediately following the Parent Merger, the Bank Conversion, the Bank Merger, the Subsidiary Merger Consideration Contribution and the Company Stock Contribution, the parties hereto shall file cause the Certificates Subsidiary Merger to be consummated by filing an agreement of merger with the Secretary of State of the State of California and an agreement of merger or other instrument having similar effect with each other appropriate Governmental Authority as may be necessary to effect the Subsidiary Merger (collectively, the “Subsidiary Agreements of Merger”), in accordance with all requirements under such form as is required by the Entity Law, and shall make all other filings and recordings required under the Entity Law and (ii) OP Merger Sub and Company OP shall file the OP Certificate relevant respective provisions of Merger in accordance with all requirements under the OP Merger Entity Law, and make all other filings and recordings required under the OP Merger Entity Applicable Law. The Merger shall become effective (the term “Merger Parent Effective Time”) on ” means the Closing Date at such date and time as of the Certificates filing of the last of the Parent Agreements of Merger are accepted for record in accordance with all requirements the Secretary of State of the State of North Carolina, the Secretary of State of the State of California and with each other Governmental Authority as may be required under the Entity Applicable Law (or at such later date and time as may be agreed upon by each of the parties and specified in the Certificates Parent Agreements of Merger), and, immediately prior to ) and the Merger Effective Time, the OP Merger shall become effective (the term “OP Merger Subsidiary Effective Time” and, collectively means the date and time of the filing of the last of the Subsidiary Agreements of Merger with the Merger Effective Time, Secretary of State of the “Effective Times”) on the Closing Date at such time State of California and with each other Governmental Authority as the OP Certificate of Merger is accepted for record in accordance with all requirements may be required under the OP Merger Entity Applicable Law (or at such later date and time as may be agreed upon by each of the parties and specified in the OP Certificate Subsidiary Agreements of Merger). The Merger shall have the effects specified in this Agreement, the Certificates of Merger and the applicable provisions of the Entity Law. The OP Merger shall have the effects specified in this Agreement, the OP Certificate of Merger and the applicable provisions of the OP Merger Entity Law. Without limiting the generality of the foregoing and subject to the terms of this Agreement, (i) at the Merger Effective Time, all the respective properties, rights, privileges, powers and franchises of the Constituent Entities shall vest in the Surviving Entity, and all debts, liabilities and duties of the Constituent Entities shall become the debts, liabilities and duties of the Surviving Entity and (ii) at the OP Merger Effective Time, all the respective properties rights, privileges, powers and franchises of the OP Merger Constituent Entities shall vest in the Surviving Partnership, and all debts, liabilities and duties of the OP Merger Constituent Entities shall become the debts, liabilities and duties of the Surviving Partnership.

Effective Times. As early as practicable Subject to the provisions of this Agreement, on the Closing Date, (i) Merger Sub a certificate of merger satisfying the applicable requirements of the DGCL, in form and substance reasonably satisfactory to Parent and the Company (the “First Certificate of Merger”), shall file be duly executed by the Certificates Company and filed with the Secretary of Merger in accordance with all requirements State of the State of Delaware, and the Parties shall make any other filings, recordings or publications required to be made under the Entity Law, and shall make all other filings and recordings required under DGCL in connection with the Entity Law and (ii) OP Merger Sub and Company OP shall file the OP Certificate of Merger in accordance with all requirements under the OP Merger Entity Law, and make all other filings and recordings required under the OP Merger Entity LawFirst Merger. The First Merger shall become effective (upon the “Merger Effective Time”) on filing of the Closing Date at such time as the Certificates First Certificate of Merger are accepted for record in accordance with all requirements under the Entity Law (or Secretary of State of the State of Delaware or, if otherwise agreed to by the Company and Parent, at such later date and time as may be specified in the Certificates First Certificate of MergerMerger (the effective time of the First Merger being referred to as the “First Effective Time”), and, immediately prior to . Immediately following the Merger First Effective Time, (a) if the OP Revised Structure Notice shall not have been delivered by Parent in accordance with Section 2.7, a certificate of merger satisfying the applicable requirements of the DLLCA, in form and substance reasonably satisfactory to Parent and the Company shall be duly executed by Merger Sub II and filed with the Secretary of State of the State of Delaware, and the Parties shall make any other filings, recordings or publications required to be made under the DLLCA in connection with the Second Merger or (b) if the Revised Structure Notice shall have been delivered by Parent in accordance with Section 2.7, a certificate of merger satisfying the applicable requirements of the DGCL, in form and substance reasonably satisfactory to Parent and the Company (a certificate of merger pursuant to clause (a) or (b), the “Second Certificate of Merger” and each of which, including the First Certificate of Merger, may be referred to as a “Certificate of Merger”) shall be duly executed by Parent and filed with the Secretary of State of the State of Delaware, and the Parties shall make any other filings, recordings or publications required to be made under the DGCL in connection with the Second Merger. The Second Merger shall become effective (upon the “OP Merger Effective Time” and, collectively with filing of the Merger Effective Time, the “Effective Times”) on the Closing Date at such time as the OP Second Certificate of Merger is accepted for record in accordance with all requirements under the OP Merger Entity Law (or Secretary of State of the State of Delaware or, if otherwise agreed to by the Company and Parent, at such later date and time as may be specified in the OP Certificate of Merger). The Merger shall have the effects specified in this Agreement, the Certificates of Merger and the applicable provisions of the Entity Law. The OP Merger shall have the effects specified in this Agreement, the OP Second Certificate of Merger and (the applicable provisions effective time of the OP Second Merger Entity Law. Without limiting being referred to as the generality of the foregoing and subject to the terms of this Agreement, (i) at the Merger “Second Effective Time, all the respective properties, rights, privileges, powers and franchises of the Constituent Entities shall vest in the Surviving Entity, and all debts, liabilities and duties of the Constituent Entities shall become the debts, liabilities and duties of the Surviving Entity and (ii) at the OP Merger Effective Time, all the respective properties rights, privileges, powers and franchises of the OP Merger Constituent Entities shall vest in the Surviving Partnership, and all debts, liabilities and duties of the OP Merger Constituent Entities shall become the debts, liabilities and duties of the Surviving Partnership”).

Effective Times. As early as practicable on Upon the Closing DateClosing, (i) Merger Sub and the Company parties shall file with the Certificates Secretary of State of the State of Washington (the “Washington Secretary of State”) the articles of merger (including the plan of merger for Merger I) substantially in the form set forth as Exhibit B and any other appropriate documents for Merger I (in any such case, the “First Articles of Merger”) executed in accordance with all requirements under the Entity Law, relevant provisions of the WBCA and shall make all any other filings and recordings required under the Entity Law and (ii) OP WBCA in connection with Merger Sub and Company OP shall file the OP Certificate of I. Merger in accordance with all requirements under the OP Merger Entity Law, and make all other filings and recordings required under the OP Merger Entity Law. The Merger I shall become effective (the “Merger Effective Time”) on the Closing Date at such time as the Certificates First Articles of Merger are accepted for record in accordance duly filed with all requirements under the Entity Law (Washington Secretary of State, or at such later date and other time as the parties hereto may be specified agree and specify in the Certificates First Articles of MergerMerger (the time Merger I becomes effective being the “Effective Time”), and, immediately prior . Subject to the Merger provisions of this Agreement, concurrently with or as soon as practicable following the Effective Time, the OP parties hereto shall duly execute and file: (a) with the Washington Secretary of State the articles of merger (including the plan of merger for Merger II) substantially in the form set forth as Exhibit C-1 and any other appropriate documents for Merger II (the “Second Articles of Merger” and, together with the First Articles of Merger, the “Articles of Merger”) executed in accordance with the relevant provisions of the WBCA, and (b) with the Secretary of State of the State of Delaware (the “Delaware Secretary of State”) a certificate of merger substantially in the form set forth as Exhibit C-2 and any other appropriate documents for Merger II (the “Certificate of Merger”) executed in accordance with the relevant provisions of the DLLCA, and shall make any other filings required under the WBCA and the DLLCA in connection with Merger II. Merger II shall become effective (the “OP Merger Effective Time” and, collectively with the Merger Effective Time, the “Effective Times”) on the Closing Date at such time as the OP Second Articles of Merger are duly filed with the Washington Secretary of State and the Certificate of Merger is accepted for record in accordance duly filed with all requirements under the OP Merger Entity Law (Delaware Secretary of State, or at such later date and time as the parties may be specified agree and specify in the OP Certificate of Merger). The Merger shall have the effects specified in this Agreement, the Certificates Second Articles of Merger and the applicable provisions of the Entity Law. The OP Merger shall have the effects specified in this Agreement, the OP Certificate of Merger and (the applicable provisions of time Merger II becomes effective being the OP Merger Entity Law. Without limiting the generality of the foregoing and subject to the terms of this Agreement, (i) at the Merger “Second Effective Time, all the respective properties, rights, privileges, powers and franchises of the Constituent Entities shall vest in the Surviving Entity, and all debts, liabilities and duties of the Constituent Entities shall become the debts, liabilities and duties of the Surviving Entity and (ii) at the OP Merger Effective Time, all the respective properties rights, privileges, powers and franchises of the OP Merger Constituent Entities shall vest in the Surviving Partnership, and all debts, liabilities and duties of the OP Merger Constituent Entities shall become the debts, liabilities and duties of the Surviving Partnership”).