Common use of Effective Time of the Merger Clause in Contracts

Effective Time of the Merger. The Merger shall become effective upon the filing by Acquisition Sub of the Certificate of Merger with the Secretary of State of the State of Delaware. The Certificate of Merger shall be executed and delivered in the manner provided under the DGCL. The date and time when the Merger shall become effective is referred to herein as the “Effective Time.”

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Groupon, Inc.), Agreement and Plan of Merger (Actuant Corp)

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Effective Time of the Merger. The Merger shall become effective upon on the filing by Acquisition Sub date and at the time at which a properly executed certificate of merger (the "Certificate of Merger Merger") is duly filed with the Secretary of State of the State of Delaware, or at such later date and time as may be specified therein. The Certificate of Merger shall be executed filed as soon as practicable on or after the Closing Date. When used in this Agreement, the term "Effective Time" shall mean the time and delivered in the manner provided under the DGCL. The date and at which such Certificate of Merger is so filed or at such later time when the Merger shall become effective is referred to herein as the “Effective Timeparties shall designate therein.

Appears in 2 contracts

Samples: Stock Option Agreement (Household International Inc), Agreement and Plan of Merger (Beneficial Corp)

Effective Time of the Merger. As soon as practicable on the Closing Date, the Company shall file with the Delaware Secretary a certificate of merger with respect to the Merger (the “Certificate of Merger”), which Certificate of Merger shall be in such form as is required by, and executed and acknowledged in accordance with, the DGCL. The Merger shall become effective upon such filing or at such later date and time as Parent and the filing by Acquisition Sub of Company shall agree and shall be specified in the Certificate of Merger with the Secretary of State of the State of Delaware. The Certificate of Merger shall be executed and delivered in the manner provided under the DGCL. The date and time when the Merger shall become effective is referred to herein as (the “Effective Time”).

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Collegiate Pacific Inc), Agreement and Plan of Merger (Collegiate Pacific Inc)

Effective Time of the Merger. The Merger shall become effective upon Subject to the filing by Acquisition Sub provisions of this Agreement, as soon as practicable on or after the Closing Date (as defined in Article 8 of this Agreement), a certificate of merger (the "Certificate of Merger") shall be duly prepared, executed and acknowledged by Company and Merger with Sub and thereafter delivered to the Secretary of State of the State of DelawareDelaware for filing in accordance with Delaware Law. The Certificate of Merger shall be executed and delivered in the manner provided under the DGCL. The date and time when the Merger shall become effective upon the later to occur of the acceptance of such filing by the Secretary of State of the State of Delaware or such time thereafter as is referred to herein as provided by the Certificate of Merger (the "Effective Time").

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Vina Technologies Inc), Agreement and Plan of Merger (Vina Technologies Inc)

Effective Time of the Merger. Upon the Closing, the parties shall file a certificate of merger (the "Certificate of Merger") with the Secretary of State of the State of Delaware and shall make all other filings or recordings required under the DGCL. The Merger shall become effective upon the filing by Acquisition Sub of at such time as the Certificate of Merger shall have been duly filed with the Secretary of State of the State of Delaware. The , or at such later time as is agreed by Parent and the Company and specified in the Certificate of Merger shall be executed and delivered in (the manner provided under the DGCL. The date and time when the Merger shall become becomes effective is referred to herein as being the "Effective TimeTime of the Merger").

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Charterhouse Equity Partners Ii Lp), Agreement and Plan of Merger (Designer Holdings LTD)

Effective Time of the Merger. The Merger shall become effective upon the filing by Acquisition Sub of the Certificate certificate of Merger merger with the Secretary of State of the State of Delaware. The Certificate Delaware in accordance with the provisions of the DLLCA, or at such other time as Merger Sub and the Company shall agree should be specified in the certificate of merger, which filing shall be executed and delivered made as soon as practicable on the Closing Date. When used in this Agreement, the manner provided under the DGCL. The date and time when the Merger shall become effective is referred to herein as the term “Effective Time” shall mean the time at which such certificate is accepted for filing by the Secretary of State of the State of Delaware or such time as otherwise specified in the certificate of merger.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (CyrusOne Inc.), Agreement and Plan of Merger (Crestwood Midstream Partners LP)

Effective Time of the Merger. The Merger shall become effective upon when a properly executed certificate of merger (the filing by Acquisition Sub of the "Certificate of Merger Merger") is duly filed with the Secretary of State of Delaware in accordance with the State Delaware Corporation Law, or at such later time as may be specified in the Certificate of DelawareMerger. The When used in this Agreement, the term "Effective Time" shall mean the date and time at which the Certificate of Merger shall be executed and delivered in the manner provided under the DGCL. The is so filed, or such later date and time when of the effectiveness of the Merger shall become effective is referred to herein as may be specified in the “Effective TimeCertificate of Merger.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Highland Bancorp Inc), Agreement and Plan of Merger (Highland Bancorp Inc)

Effective Time of the Merger. Subject to the provisions of this Agreement, on the Closing Date, the Company shall execute and deliver for filing a certificate of merger (the “Certificate of Merger”) to the Secretary of State of the State of Delaware, in the form attached hereto as Exhibit 2.2 and in the manner provided in the DGCL and shall make all other filings or recordings required under the DGCL to effect the Merger. The Merger shall become effective upon the filing by Acquisition Sub of the Certificate of Merger Xxxxxx with the Secretary of State of the State of Delaware. The Delaware or at such later time as is specified in the Certificate of Merger shall be executed and delivered in the manner provided under the DGCL. The date and time when the Merger shall become effective is referred to herein as (such time, the “Effective Time”).

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Fresenius Medical Care AG & Co. KGaA), Agreement and Plan of Merger (Fresenius Medical Care AG & Co. KGaA)

Effective Time of the Merger. Subject to the provisions of this Agreement, an appropriate form of certificate of merger (the "Certificate of Merger") shall be duly executed and filed by the Partnership and Regal on the Closing Date (as hereinafter defined) in the manner provided in Section 17-211 of the Delaware Partnership Act. The Merger shall become effective upon at such time on the filing by Acquisition Sub of Closing Date as the Certificate of Merger is filed with the Secretary of State of the State of Delaware. The Delaware (or such later time as may be specified in the Certificate of Merger shall be executed and delivered in Merger) (the manner provided under the DGCL. The date and time when the Merger shall become effective is referred to herein as the “"Effective Time").

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Richfield Holdings Inc), Agreement and Plan of Merger (Aircoa Hotel Partners L P)

Effective Time of the Merger. The Merger shall become effective upon the filing by Acquisition Sub of the Certificate of Merger with the Secretary of State of the State of Delaware. The Certificate of Merger shall be executed and delivered in the manner provided under the DGCL. The date and time when the Merger shall become legally effective is referred to herein as the “Effective Time.” For accounting and Tax purposes, the Merger shall be deemed effective as of 11:59 p.m. Eastern time on the Closing Date.

Appears in 1 contract

Samples: Agreement and Plan of Merger (PGT, Inc.)

Effective Time of the Merger. The Merger shall become effective upon the filing by Acquisition Sub of the a Certificate of Merger with the Secretary of State of Delaware in accordance with the provisions of the Delaware General Corporation Law (the "DGCL"), or at such other time as Buyer and the Company shall agree should be specified in the Certificate of Merger, which filling shall be made as soon as practicable on the Closing Date. When used in this Merger Agreement, the term "EFFECTIVE TIME" shall mean the time at which such certificate is accepted for filing by the Secretary of State of Delaware. The Delaware or such time as otherwise specified in the Certificate of Merger shall be executed and delivered in the manner provided under the DGCL. The date and time when the Merger shall become effective is referred to herein as the “Effective TimeMerger.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Marathon Power Technologies Co)

Effective Time of the Merger. The Merger shall become effective upon on the filing by Acquisition Sub date and at the time at which a properly executed certificate of merger (the "Certificate of Merger Merger") is duly filed with the Secretary of State of the State of Delaware, or at such later date and time as may be specified therein. The Certificate of Merger filing shall be executed and delivered made as soon as practicable on or after the Closing Date. When used in this Agreement, the manner provided under term "Effective Time" means the DGCL. The date and time when the on which such Certificate of Merger shall become effective is referred to herein so filed or such later time as the “Effective Timeparties shall designate therein.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Screaming Media Com Inc)

Effective Time of the Merger. The Merger shall become effective upon at such time as the filing by Acquisition Sub certificate of the Certificate of Merger merger is duly filed with the Secretary of State of the State of Delaware. The Certificate of Merger shall be executed and delivered Delaware or at such later time as is specified in the manner provided under certificate of merger pursuant to the DGCL. The date mutual agreement of EVSI and time when the Merger shall become effective is referred to herein as Company (the "Effective Time").

Appears in 1 contract

Samples: Agreement and Plan of Merger (Evans Systems Inc)

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Effective Time of the Merger. The Merger shall become effective upon on the filing by Acquisition Sub date and at the time at which a properly executed certificate of merger (the Certificate of Merger Merger”) is duly filed with the Secretary of State of the State of Delaware, or at such later date and time as may be specified therein. The Certificate of Merger filing shall be executed and delivered made as soon as practicable on or after the Closing Date. When used in this Agreement, the manner provided under term "Effective Time" means the DGCL. The date and time when the on which such Certificate of Merger shall become effective is referred to herein so filed or such later time as the “Effective Timeparties shall designate therein.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Chanticleer Holdings, Inc.)

Effective Time of the Merger. The Merger shall become effective upon the filing by Acquisition Sub as set forth in a properly executed certificate of the Certificate of Merger ownership and merger duly filed with the Secretary of State of the State of Delaware. The Delaware (the "Certificate of Merger Ownership and Merger"), which filing shall be executed and delivered made on the Closing Date. As used in this Agreement, the manner provided under term "Effective Time" shall mean the DGCL. The date and time when the Merger shall become effective is referred to herein becomes effective, as set forth in the “Effective TimeCertificate of Ownership and Merger.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Scovill Holdings Inc)

Effective Time of the Merger. The Merger shall become effective upon the filing by Acquisition Sub of the Certificate certificate of Merger merger with the Secretary of State of the State of Delaware. The Certificate Delaware in accordance with the provisions of the DLLCA, or at such other time as Merger Sub and the Company shall agree should be specified in the certificate of merger, which filing shall be executed and delivered made as soon as practicable on the Closing Date. When used in this Agreement, the manner provided under the DGCL. The date and time when the Merger shall become effective is referred to herein as the term “Effective Time” shall mean the time at which such certificate is accepted for filing by the Secretary of State of the State of Delaware or such other time as otherwise specified in the certificate of merger.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Noven Pharmaceuticals Inc)

Effective Time of the Merger. The Merger shall become effective upon on the filing by Acquisition Sub date and at the time at which a properly executed certificate of merger (the "Certificate of Merger Merger") is duly filed with the Secretary of State of the State of Delaware, or at such later date and time as may be specified therein. The Certificate of Merger filing shall be executed and delivered made as soon as practicable on or after the Closing Date. When used in this Agreement, the manner provided under term "Effective Time" shall mean the DGCL. The date and time when the on which such Certificate of Merger shall become effective is referred to herein so filed or at such later time as the “Effective Timeparties shall designate therein.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Modem Media Poppe Tyson Inc)

Effective Time of the Merger. The Merger shall become effective upon on the filing by Acquisition Sub date and at the time (the "Effective Time") at which a properly executed certificate of merger (the "Certificate of Merger Merger") is duly filed with the Secretary of State of the State of Delaware, or at such later date and time as may be specified therein. The Certificate of Merger filing shall be executed and delivered in made on the manner provided under the DGCL. The date and time when the Merger shall become effective is referred to herein as the “Effective TimeClosing Date.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Maxworldwide Inc)

Effective Time of the Merger. The Merger shall become effective upon the filing by Acquisition Sub of a certificate of merger ("Certificate of Merger") pursuant to and in compliance with this Agreement and Section 251 of the Certificate General Corporation Law of Merger the State of Delaware (the "Delaware Law") with the Secretary of State of the State of Delaware. The When used in this Agreement, the term "Effective Time" shall mean the time at which the Certificate of Merger shall be executed has been filed and delivered in the manner provided under the DGCL. The date and time when the Merger shall become effective is referred to herein as the “Effective Timein accordance with Delaware Law.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Psinet Inc)

Effective Time of the Merger. The Merger shall become effective upon the filing by Acquisition Sub of the Certificate certificate of Merger merger with the Secretary of State of the State of Delaware. The Certificate Delaware in accordance with the provisions of the DGCL, or at such other time as Merger Sub and the Company shall agree should be specified in the certificate of merger, which filing shall be executed and delivered made as soon as practicable on the Closing Date. When used in this Merger Agreement, the manner provided under the DGCL. The date and time when the Merger shall become effective is referred to herein as the term “Effective Time” shall mean the time at which such certificate is accepted for filing by the Secretary of State of the State of Delaware or such time as otherwise specified in the certificate of merger.

Appears in 1 contract

Samples: Agreement and Plan of Merger (IPC Systems Holdings Corp.)

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