Closing; Closing Date; Effective Time. Unless this Agreement shall have been terminated pursuant to section 7.01, the consummation of the Merger and the closing of the transactions contemplated by this Agreement (the “Closing”) shall take place by the exchange of documents electronically, by facsimile, or by overnight courier by a recognized national courier service as soon as practicable (but in any event within two business days) after the satisfaction or, if permissible, waiver of the conditions set forth in Article VI, or at such other date, time, and place as TetriDyn and OTE may agree. The date on which the Closing takes place is referred to herein as the “Closing Date.” As promptly as practicable following the Closing Date, the Parties shall cause the Merger to be consummated by filing the Certificate of Merger, in the form of Exhibit A attached hereto, with the Delaware Secretary of State (the date and time of the filing, or such later date or time agreed upon by TetriDyn and OTE and set forth therein, being the “Effective Time”).
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Tetridyn Solutions Inc), Agreement and Plan of Merger (Ocean Thermal Energy Corp), Agreement and Plan of Merger (Ocean Thermal Energy Corp)
