Common use of Effective Times Clause in Contracts

Effective Times. (a) Subject to the provisions of this Agreement, on the Closing Date, each of the Company, Parent and Merger Sub I shall cause a certificate of merger with respect to the First Merger (the “First Certificate of Merger”) to be executed, acknowledged, delivered to and filed with the Office of the Secretary of State of the State of Delaware (the “Secretary”) as provided under the DGCL. The First Merger shall become effective on the date and time at which the First Certificate of Mxxxxx has been accepted for filing by the Secretary (such date and time of filing, or such later time as may be agreed to by Pxxxxx, Merger Sub I and the Company and set forth in the First Certificate of Merger, being hereinafter referred to as the “First Effective Time”). In the event that the Threshold Percentage is at least 40%, immediately following the First Effective Time, each of the Surviving Corporation, Parent and Merger Sub II shall cause a certificate of merger with respect to the Second Merger (the “Second Certificate of Merger” and, together with the First Certificate of Merger, the “Certificates of Merger”) to be executed, acknowledged, delivered to and filed with the Secretary as provided under the DGCL and DLLCA. The Second Merger shall become effective on the date and time at which the Second Certificate of Mxxxxx has been accepted for filing by the Secretary (such date and time of filing, or such later time as may be agreed to by Pxxxxx, Merger Sub II and the Surviving Corporation and set forth in the Second Certificate of Merger, being hereinafter referred to as the “Second Effective Time”).

Effective Times. (a) Subject to Concurrently with the provisions of this AgreementClosing, on the Closing Date, each of the Company, Parent Company and Merger Sub I shall cause a certificate of merger file with respect to the First Merger (the “First Certificate of Merger”) to be executed, acknowledged, delivered to and filed with the Office of the Secretary of State of the State of Delaware a certificate of merger (the “SecretaryCertificate of Merger I”) executed in accordance with, and containing such information as provided under is required by, the DGCL. The First relevant provisions of the DGCL in order to effect Merger I. Merger I shall become effective on at the time Certificate of Merger I shall have been duly filed with, and accepted by, the Secretary of State of the State of Delaware or such later date and time at which as is agreed upon by the First parties and specified in Certificate of Mxxxxx has been accepted for filing by the Secretary Merger I (such date and time of filing, or such later time as may be agreed to by Pxxxxx, Merger Sub I and the Company and set forth in the First Certificate of Merger, being hereinafter referred to as the “First Effective Time”). In Upon the event that terms and subject to the Threshold Percentage is at least 40%conditions set forth in this Agreement, immediately following the First Effective Time, each and as part of the an integrated transaction, Surviving Corporation, Parent Corporation and Merger Sub II shall cause file with the Secretary of State of the State of Delaware a certificate of merger with respect to the Second Merger (the “Second Certificate of MergerMerger II” andand each of which, together with including the First Certificate of MergerMerger I, the may be referred to as a “Certificates Certificate of Merger”) to be executed, acknowledged, delivered to and filed with satisfying the Secretary as provided under applicable requirements of the DGCL and DLLCAthe LLC Act as well as any other filings, recordings or publications required to be made under the LLC Act in connection with Merger II. The Second Merger II shall become effective on at the time Certificate of Merger II shall have been duly filed with, and accepted by, the Secretary of State of the State of Delaware or such later date and time at which as is agreed upon by the Second parties and specified in Certificate of Mxxxxx has been accepted for filing by the Secretary Merger II (such date and time of filing, or such later time as may be agreed to by Pxxxxx, Merger Sub II and the Surviving Corporation and set forth in the Second Certificate of Merger, being hereinafter referred to as the “Second Effective Time”).

Effective Times. (a) Subject to the provisions of this Agreement, on the Closing Date, each of the Company, Parent and Merger Sub I shall cause a certificate of merger with respect to the First Merger (the “First Certificate of Merger”) to be executed, acknowledged, delivered to and filed with the Office of the Secretary of State of the State of Delaware (the “Secretary”) as provided under the DGCL. The First Merger shall become effective on the date and time at which the First Certificate of Mxxxxx Xxxxxx has been accepted for filing by the Secretary (such date and time of filing, or such later time as may be agreed to by PxxxxxXxxxxx, Merger Sub I and the Company and set forth in the First Certificate of Merger, being hereinafter referred to as the “First Effective Time”). In the event that the Threshold Percentage is at least 40%, immediately following the First Effective Time, each of the Surviving Corporation, Parent and Merger Sub II shall cause a certificate of merger with respect to the Second Merger (the “Second Certificate of Merger” and, together with the First Certificate of Merger, the “Certificates of Merger”) to be executed, acknowledged, delivered to and filed with the Secretary as provided under the DGCL and DLLCA. The Second Merger shall become effective on the date and time at which the Second Certificate of Mxxxxx Xxxxxx has been accepted for filing by the Secretary (such date and time of filing, or such later time as may be agreed to by PxxxxxXxxxxx, Merger Sub II and the Surviving Corporation and set forth in the Second Certificate of Merger, being hereinafter referred to as the “Second Effective Time”).