Common use of Effective Time of the Merger Clause in Contracts

Effective Time of the Merger. The Merger shall become effective at such time (the "Effective Time") as a duly executed Certificate of Merger (the "Certificate of Merger") is filed with the Secretary of State of the State of Delaware.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Digital Imaging Resources Inc.), Agreement and Plan of Merger (Coram Healthcare Corp), Agreement and Plan of Merger (Integrated Health Services Inc)

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Effective Time of the Merger. The Merger shall become effective at such time (when the "Effective Time") as a duly executed Certificate of Merger (the "Certificate of Merger") is executed and filed with the Secretary of State of the State of DelawareDelaware in accordance with Delaware Corporate Law, or at such later time as the parties hereto shall have designated in such filing as the effective time of the Merger (the "Effective Time"), which filing shall be made as soon as practicable after the closing of the transactions contemplated by this Agreement in accordance with Section 1.3 hereof.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Wilmar Industries Inc), Agreement and Plan of Merger (Waxman Industries Inc), Agreement and Plan of Merger (Wilmar Holdings Inc)

Effective Time of the Merger. The Subject to the provisions of this Agreement, the Merger shall become effective at such time (the "Effective Time") as upon the filing of a duly properly executed Certificate certificate of Merger merger (the "Certificate of Merger") is filed with the Secretary of State of the State of DelawareDelaware in accordance with the Delaware Statute, or at such later time as agreed to by the parties and set forth in the Certificate of Merger.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Fidelity National Financial Inc /De/), Agreement and Plan of Merger (Fidelity National Information Solutions Inc)

Effective Time of the Merger. The Merger shall will become effective at such time (when the "Effective Time") as a duly executed Certificate of Merger (the "Certificate of Merger") is filed with the Secretary of State of Delaware, or at such other time and date as are agreed upon by Pulte and the State Company and specified in the Certificate of DelawareMerger (that being the "Effective Time").

Appears in 2 contracts

Samples: Plan and Agreement of Merger (Pulte Corp), Plan and Agreement of Merger (Del Webb Corp)

Effective Time of the Merger. The Merger shall become effective at such time (the "Effective TimeEFFECTIVE TIME") as a duly executed Certificate of Merger (the "Certificate of MergerCERTIFICATE OF MERGER") is filed with the Secretary of State of the State of Delaware.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Igames Entertainment Inc), Agreement and Plan of Merger (Planet Zanett Inc)

Effective Time of the Merger. The Merger shall become effective at such time (the "Effective Time") as when a duly properly executed Certificate of Merger (the "Certificate of Merger") is duly filed with the Secretary of State of Delaware, which filing shall be made as soon as practicable after the State closing of Delawarethe Merger."

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Homeowners Group Inc), Agreement and Plan of Merger (Hac Inc)

Effective Time of the Merger. The Merger shall will become effective at such time (the "Effective Time") as set forth in a properly executed certificate of merger duly executed Certificate of Merger (the "Certificate of Merger") is filed with the Secretary of State of the State of DelawareDelaware (the "Certificate of Merger"), which filing shall be made on the Closing Date. As used in this Agreement, the term "Effective Time" shall mean the date and time when the Merger becomes effective, as set forth in the Certificate of Merger.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Bruker Daltonics Inc), Agreement and Plan of Merger (Bruker Axs Inc)

Effective Time of the Merger. The Merger shall become effective at such time (the "Effective Time") as a properly executed certificate of merger or other appropriate document is duly executed Certificate of Merger (the "Certificate of Merger") is filed with the Secretary of State of Delaware, which filing shall be made as soon as practicable following fulfillment or waiver of the State of Delawareconditions set forth in Articles VII, VIII and IX hereof or such later time as is specified in such filing (the "Effective Time").

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Tannenhauser Robert), Agreement and Plan of Merger (BLC Financial Services Inc)

Effective Time of the Merger. The Merger shall become effective at such time (the "Effective Time") as set forth in a duly properly executed Certificate of Merger (the "Certificate of Merger") is duly filed with the Secretary of State of the State of DelawareDelaware (the "CERTIFICATE OF MERGER"), which filing shall be made as soon as practicable on or after the Closing Date. As used in this Agreement, the term "EFFECTIVE TIME" shall mean the date and time when the Merger becomes effective, as set forth in the Certificate of Merger.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Plato Learning Inc), Agreement and Plan of Merger (Lightspan Inc)

Effective Time of the Merger. The Merger shall become effective at such time (upon the "Effective Time") as a duly executed filing by Acquisition Sub of the Certificate of Merger (with the "Secretary of State of the State of Delaware. The Certificate of Merger") is Merger shall conform with and shall be executed and delivered in the manner provided under the Delaware Statute and filed with the Secretary of State of the State of DelawareDelaware so as to become effective as of the Closing Date. 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 (Berry Plastics Corp), Agreement and Plan Of (BPC Holding Corp)

Effective Time of the Merger. The Merger shall become effective at such time (the "Effective Time") after the Closing as a copy of the duly executed completed Certificate of Merger (the "Certificate of MergerMerger Filing") is filed with delivered to the Secretary of State of the State of DelawareDelaware for filing and is filed by the Secretary of State of the State of Delaware or at such later time as the parties may agree to specify in the Certificate of Merger.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Recoton Corp), Agreement and Plan of Merger (Recoton Corp)

Effective Time of the Merger. The Merger shall become be effective at such the time (of the "Effective Time") as a duly executed filing of the Certificate of Merger (with the "Certificate office of Merger") is filed with the Secretary of State of the State of Delaware, or at such later time specified in such Certificate of Merger, which time is herein sometimes referred to as the "Effective Time" and the date thereof is herein sometimes referred to as the "Effective Date."

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Shared Technologies Fairchild Inc), Agreement and Plan of Merger (Tel Save Holdings Inc)

Effective Time of the Merger. The Merger shall become effective at such time time, as soon as practicable on or after the Closing Date, as defined in Section 3.5 (the "Effective Time") ), as a duly executed Certificate of Merger (the "Certificate of Merger") , in the form set forth as Exhibit I hereto, is filed with the Secretary of State of the State of DelawareDelaware (the "Merger Filing").

Appears in 1 contract

Samples: Robotic Vision Systems Inc

Effective Time of the Merger. The Merger shall become effective at such time (the "Effective Time") as when a duly properly executed Certificate of Merger (the "Certificate of Merger") is duly filed with the Secretary of State of the State of Delaware., which filing shall be made as soon as

Appears in 1 contract

Samples: Agreement and Plan of Merger (VHS of Anaheim Inc)

Effective Time of the Merger. The Merger shall become effective at such time (immediately upon the "Effective Time") as filing of this Agreement or a duly executed Certificate of Merger (relating to the "Certificate of Merger") is filed Merger with the Secretary of State of the State of DelawareDelaware (the time of such filing being the “Effective Time”).

Appears in 1 contract

Samples: Agreement and Plan of Merger and Amalgamation (SUNSHINE SILVER MINES Corp)

Effective Time of the Merger. The Merger shall become be effective at such the time (that the "Effective Time") as a duly executed filing of the counterpart of the Certificate of Merger (the "Certificate of Merger") is filed with the Secretary of State of the State of DelawareDelaware referred to in Section 1.2 is completed, which time is sometimes referred to herein as the "Effective Time."

Appears in 1 contract

Samples: Agreement and Plan of Merger (Thane International Inc)

Effective Time of the Merger. The Merger shall become effective at such time (the "Effective Time") as a duly executed Certificate of Merger (the "Certificate of Merger") is filed with the Secretary of State of the State of DelawareDelaware and duly executed Articles of Merger (the "Articles of Merger") are filed with the Secretary of State of the State of Colorado.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Planet Zanett Inc)

Effective Time of the Merger. The Merger shall become effective at such time (the "Effective Time") as a duly executed Certificate of Merger Merger, in form and substance reasonably acceptable to Parent and United (the "Certificate of Merger") ”), is filed with the Secretary of State of for the State of Delaware.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Sand Hills, Inc)

Effective Time of the Merger. The Merger shall become effective at such time (upon the "Effective Time") as completion of the filing of a duly properly executed Certificate of Merger (the "Certificate of MergerCERTIFICATE OF MERGER") is filed with the Secretary of State of the State of Delaware., which filing shall be made as soon as practicable after the Closing (as defined below). When used in this Agreement, the term "

Appears in 1 contract

Samples: Agreement and Plan of Merger (Xoom Inc)

Effective Time of the Merger. The Merger shall become effective at such time (the "Effective Time") as a duly executed Certificate of Merger (the "Certificate of Merger") is filed with the Secretary of State of the State of DelawareDelaware and duly executed Articles of Merger (the “Articles of Merger”) are filed with the Secretary of State of the State of Colorado.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Zanett Inc)

Effective Time of the Merger. The Merger shall become effective at such time (immediately upon the "Effective Time") as a duly executed filing, in accordance with Section 251 of the General Corporation Law, of the Certificate of Merger (the "Certificate of Merger") is filed with the Secretary of State of the State of DelawareDelaware in accordance with Section 251. The date and time of such filing is herein sometimes referred to as the "Effective Time."

Appears in 1 contract

Samples: Agreement and Plan of Merger (Star Telecommunications Inc)

Effective Time of the Merger. The Merger shall become effective at such time (upon the "Effective Time") as a duly executed filing of the Certificate of Merger (the "Certificate of Merger") is filed with the Secretary of State of the State of Delaware, or at such later time as specified therein. When used in this Agreement, the term "Effective Time" shall mean the time at which the Certificate of Merger becomes effective in accordance with Delaware Law.

Appears in 1 contract

Samples: Agreement and Plan of Merger (AFG Enterprises USA, Inc.)

Effective Time of the Merger. The Merger shall become effective at such time (immediately upon the "Effective Time") as filing of this Agreement or a duly executed Certificate of Merger (relating to the "Certificate of Merger") is filed Merger with the Secretary of State of the State of DelawareDelaware (the time of such filing being the "Effective Time").

Appears in 1 contract

Samples: Agreement of Merger (Dominicks Finer Foods Inc /De/)

Effective Time of the Merger. The Merger shall become effective at such time (the "Effective Time") as a duly executed Certificate of Merger (the "Certificate of Merger") is filed with the Secretary of State of the State of DelawareDelaware and the State of Ohio.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Planet Zanett Inc)

Effective Time of the Merger. The Merger shall become effective at such the time (of the "Effective Time") as a duly executed Certificate filing in the office of Merger (the "Certificate of Merger") is filed with the Secretary of State of the State of DelawareDelaware of a copy of the Certificate of Merger (“Certificate of Merger”), a copy of which is set forth in EXHIBIT A hereto, which time is herein sometimes referred to as the “Effective Time.

Appears in 1 contract

Samples: Agreement of Merger (Callwave Inc)

Effective Time of the Merger. The Merger shall become effective at such time (the "Effective Time") as a duly executed Certificate certificate of Merger (the "Certificate of Merger") merger is filed with the Secretary of State of the State of DelawareDelaware in accordance with the Delaware Laws (the “Merger Filing”). The Merger Filing shall be made simultaneously with, or as soon as practicable after, the Closing in accordance with Article 3.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Cheniere Energy Inc)

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Effective Time of the Merger. The Merger shall become effective at such time (on the "Effective Time") as a duly executed Closing Date upon the filing by Surviving Corporation of the Certificate of Merger (the "Certificate of Merger") is filed 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 Delaware Statute. The time when the Merger shall become effective is referred to herein as the "Effective Time." --------------

Appears in 1 contract

Samples: Agreement and Plan of Merger (Alliance Imaging Inc /De/)

Effective Time of the Merger. The Merger shall become effective at such time (the "Effective Time") upon the filing of a certificate of merger in the form attached hereto as a duly executed Certificate of Merger (the "Certificate of Merger") is filed Exhibit A with the Secretary of State of the State of Delaware.

Appears in 1 contract

Samples: Exhibit 2 (CFP Holdings Inc)

Effective Time of the Merger. The Merger shall become effective at such time (the "Effective Time") as a duly executed Certificate of Merger Merger, in form and substance reasonably acceptable to Parent and United (the "Certificate of Merger") is filed with the Secretary of State of the State of Delaware.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Iceweb Inc)

Effective Time of the Merger. The Merger shall become effective on the Closing Date at such the time (of the "Effective Time") as a duly executed filing by the Surviving Corporation of the Certificate of Merger (the "Certificate of Merger") is filed with the Secretary of State of the State of DelawareDelaware (or at such later time as is specified in the Certificate of Merger). The Certificate of Merger shall be executed and delivered in the manner provided under the Delaware Statute. The time when the Merger shall become effective is referred to herein as the "Effective Time."

Appears in 1 contract

Samples: Agreement and Plan of Merger (Insight Health Services Corp)

Effective Time of the Merger. The Merger shall become effective at such the date and time (the "Effective Time") as a duly properly executed Certificate of Merger (the "Certificate of Merger") is duly filed with the Secretary of State of the State of Delaware. The parties shall cause the Certificate of Merger to be executed and filed as aforesaid on the Closing Date upon the satisfaction or waiver of the conditions contained in Article 6.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Smucker J M Co)

Effective Time of the Merger. The Immediately after the Closing, a properly executed certificate of merger ("MERGER CERTIFICATE") providing for the Merger shall become effective at such time (the "Effective Time") as a duly executed Certificate of Merger (the "Certificate of Merger") is be filed with the Secretary of State of the State of Delaware. The Merger shall become effective at the time of filing of the Merger Certificate or at such later time specified in the Merger Certificate (the "EFFECTIVE TIME").

Appears in 1 contract

Samples: Agreement and Plan of Merger (Accuhealth Inc)

Effective Time of the Merger. The Merger shall become effective at such time (the "Effective Time") as after a duly properly executed Certificate certificate of Merger merger (the "Certificate of Merger") is duly filed with the Secretary of State of the State of Delaware, in accordance with the General Corporation Law of the State of Delaware ("Delaware Law").

Appears in 1 contract

Samples: Agreement and Plan of Merger (Careinsite Inc)

Effective Time of the Merger. The Subject to the provisions of this Agreement, the Merger shall become effective at such time (the "Effective TimeEFFECTIVE TIME") as upon the filing of a duly properly executed Certificate certificate of Merger merger (the "Certificate of MergerCERTIFICATE OF MERGER") is filed with the Secretary of State of the State of DelawareDelaware in accordance with the Delaware Statute, or at such later time as agreed to by the parties and set forth in the Certificate of Merger.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Usa Interactive)

Effective Time of the Merger. Effective The Merger shall become effective at such time (the "Effective Time") as a copy of the duly completed and executed Certificate of Merger (the "Certificate of Merger") is filed with in the Office of the Secretary of State of the State of Delaware.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Excalibur Technologies Corp)

Effective Time of the Merger. The Merger shall become effective at such time (the "Effective Time"“EFFECTIVE TIME”) as a duly executed Certificate of Merger (the "Certificate of Merger"“CERTIFICATE OF MERGER”) is filed with the Secretary of State of the State of Delaware.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Zanett Inc)

Effective Time of the Merger. The Merger shall become effective at such time upon the filing of the certificate of merger in substantially the form attached hereto as Exhibit 1.3 hereto (the "Effective TimeCERTIFICATE OF MERGER") as a duly executed Certificate of Merger (the "Certificate of Merger") is filed with the Secretary of State of the State of Delaware in accordance with the provisions of DGCL. When used in this Merger Agreement, the term "EFFECTIVE TIME" shall mean the time at which such Certificate of Merger is accepted for filing with the Secretary of State of Delaware.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Corning Inc /Ny)

Effective Time of the Merger. The Merger shall become effective at such time (the "Effective Time") as a duly executed Certificate of Merger (the "Certificate of Merger") is filed with the Secretary of State of the State of DelawareDelaware and the State of Ohio.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Zanett Inc)

Effective Time of the Merger. The Merger shall become effective at such time (immediately upon the "Effective Time") as filing of this Agreement or a duly executed Certificate of Merger (relating to the "Certificate of Merger") is filed Merger with the Secretary Secretaries of State of the State of DelawareDelaware and State of Kansas (the time of such filing being the “Effective Time”).

Appears in 1 contract

Samples: Merger Agreement (NPC International Inc)

Effective Time of the Merger. The Subject to the provisions of this Agreement, the Merger shall become effective at such time (the "Effective Time") as upon the filing of a duly properly executed Certificate certificate of Merger merger (the "Certificate of Merger") is filed with the Secretary of State of the State of DelawareDelaware in accordance with the Delaware Statute and a certified copy of the Certificate of Merger in accordance with the California Statute, or at such later time as agreed to by the parties and set forth in the Certificate of Merger.

Appears in 1 contract

Samples: Employment Agreement (Collegiate Pacific Inc)

Effective Time of the Merger. The Merger shall become will be effective at such the time (the "Effective Time") as a duly executed of the later of (i) the filing of the Certificate of Merger (the "Certificate of Merger") is filed with the Secretary of State of the State of Delaware and (ii) the filing of the Certificate of Merger with the Secretary of State of the State of Nevada, which certificate is to be filed in both places as soon as practicable on or after approval of the Merger by the shareholders of Quantex Delaware.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Quantex Capital Corp)

Effective Time of the Merger. The Merger shall will become effective at such time upon the later of (a) the "Effective Time") as filing of a duly properly executed Certificate certificate of Merger merger (the "Certificate of Merger") is filed with the Secretary of State of the State of DelawareDelaware (the "Department of State") in accordance with the DGCL, or (b) such later date and time as may be set forth in the Certificate of Merger (the "Effective Time").

Appears in 1 contract

Samples: Agreement and Plan of Merger (Park City Group Inc)

Effective Time of the Merger. The Merger shall become be effective at such the time (that the "Effective Time") as a duly executed filing of the counterpart of the Certificate of Merger (the "Certificate of Merger") is filed with the Secretary of State of the State of DelawareDelaware referred to in Section 1.2 is completed, which time is sometimes referred to herein as the "EFFECTIVE TIME."

Appears in 1 contract

Samples: Form of Agreement and Plan of Merger (Thane International Inc)

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