Earthbound Merger Clause Samples

Earthbound Merger. (a) Upon the terms and subject to the conditions of this Agreement, at the Earthbound Effective Time and in accordance with the DLLCA, Earthbound Merger Sub shall be merged with and into Earthbound I pursuant to which (i) the separate existence of Earthbound Merger Sub shall cease, (ii) Earthbound I shall be the surviving company in the Earthbound Merger (the “Earthbound Surviving Company”) and shall continue its existence under the laws of the State of Delaware, and (iii) all of the properties, rights, privileges, powers and franchises of each of Earthbound Merger Sub and Earthbound I will vest in the Earthbound Surviving Company, and all of the debts, Liabilities, obligations and duties of each of Earthbound Merger Sub and Earthbound I will become the debts, Liabilities, obligations and duties of the Earthbound Surviving Company.