Common use of Effective Time of the Mergers Clause in Contracts

Effective Time of the Mergers. Subject to the provisions of this Agreement, as soon as practicable on or after the Closing Date, (i) with respect to the CEI Merger, the parties hereto shall (A) deliver a certificate of merger executed in accordance with, and containing such information as is required by, Section 907(e)(2) of the NYBCL to the Department of State of the State of New York (the "CEI New York Certificate of Merger") and (B) file a certificate of merger executed in accordance with, and containing such information as is required by Section 252(c) of the DGCL with the Secretary of State of the State of Delaware (the "CEI Delaware Certificate of Merger", and collectively with the CEI New York Certificate of Merger, the "CEI Certificates of Merger"), and (C) make all other filings or recordings as may be required under the NYBCL and the DGCL, and (ii) with respect to the NU Merger, the parties hereto shall file a certificate of merger (the "NU Certificate of Merger") with the Secretary of State of the Commonwealth of Massachusetts and shall make all other filings or recordings required under the MGL. The CEI Merger shall become effective at such time as (i) the CEI New York Certificate of Merger is duly delivered to the Department of State of the State of New York and (ii) the CEI Delaware Certificate of Merger is filed with the Secretary of State of the State of Delaware, or at such subsequent date or time, not to exceed 30 days after the date of filing of the CEI New York Certificate of Merger or 90 days after the date of filing of the CEI Delaware Certificate of Merger, as CEI shall specify in the CEI Certificates of Merger (the time the CEI Merger becomes effective being hereinafter referred to as the "CEI Effective Time"), and the NU Merger shall become effective at such time as the NU Certificate of Merger is duly filed with the Secretary of State of the Commonwealth of Massachusetts, or at such subsequent date or time as CEI and NU shall agree and specify in the NU Certificate of Merger (the time the NU Merger becomes effective being hereinafter referred to as the "NU Effective Time"). The CEI Effective Time shall be the same date and time as the NU Effective Time (such date and time referred to herein as the "Effective Time").

Effective Time of the Mergers. Subject to Upon the provisions of this Agreement, as soon as practicable on or after the Closing Date, (i) with respect to the CEI MergerClosing, the parties hereto shall (A) deliver a certificate of merger executed in accordance with, and containing such information as is required by, Section 907(e)(2) of the NYBCL cause each Surviving Corporation to the Department of State of the State of New York (the "CEI New York Certificate of Merger") and (B) file a certificate of merger executed in accordance with, and containing such information as is required by Section 252(c) of the DGCL with the Secretary of State of the State of Delaware relating to its Merger (the "CEI Delaware Certificate of Merger", and collectively with the CEI New York Certificate of Merger, the "CEI Certificates of Merger"), and (C) make all other filings or recordings as may be required under the NYBCL and the DGCL, and (ii) with respect to the NU Merger, the parties hereto shall file a certificate of merger (the "NU Certificate of Merger") with the Secretary of State of the Commonwealth State of Massachusetts Delaware and shall make all other filings or recordings required under the MGLDGCL. The CEI Intercompany Merger shall become effective at such time as (i) the CEI New York Certificate of Merger is for the Intercompany Merger shall have been duly delivered to the Department of State of the State of New York and (ii) the CEI Delaware Certificate of Merger is filed with the Secretary of State of the State of Delaware, or at such subsequent date or time, not to exceed 30 days after the date of filing of the CEI New York later time as is agreed by Parent and IPC and specified in such Certificate of Merger or 90 days after the date of filing of the CEI Delaware Certificate of Merger, as CEI shall specify in the CEI Certificates of Merger (the time the CEI Intercompany Merger becomes effective being hereinafter referred to as the "CEI Effective TimeTime of the Intercompany Merger"), and the NU . The IPC Merger shall become effective at such time as the NU Certificate of Merger is for the IPC Merger shall have been duly filed with the Secretary of State of the Commonwealth State of MassachusettsDelaware, or at such subsequent date or later time as CEI is agreed by Parent and NU shall agree IPC and specify specified in the NU such Certificate of Merger (the time the NU IPC Merger becomes effective being hereinafter referred to the "Effective Time of the IPC Merger"). The IXnet Merger shall become effective at such time as the Certificate of Merger for the IXnet Merger shall have been duly filed with the Secretary of State of the State of Delaware, or at such later time as agreed by Parent and IXnet and specified in such Certificate of Merger (the time the IXnet Merger becomes effective being the "NU Effective Time of the IXnet Merger"; and the time by which all the Mergers have become effective being the "Effective Time"). The CEI parties shall cause the IPC Merger to become effective immediately following the Effective Time shall be of the same date Intercompany Merger and time as the NU IXnet Merger to become effective immediately following the Effective Time (such date and time referred to herein as of the "Effective Time")IPC Merger.

Effective Time of the Mergers. Subject (i) Parent and the Company shall cause the Merger to the provisions of this Agreement, be consummated by filing as soon as practicable on or after the Closing Date, (i) with respect to the CEI Merger, the parties hereto shall (A) deliver Date a certificate of merger executed in accordance with, and containing such information as is required by, Section 907(e)(2) of for the NYBCL to the Department of State of the State of New York Merger (the "CEI New York “Certificate of Merger"”) and (B) file a certificate of merger executed in accordance with, and containing such information as is required by Section 252(c) of the DGCL with the Secretary of State of the State of Delaware (the "CEI “Delaware Certificate of Merger"Secretary”), in such form as required by, and collectively with the CEI New York Certificate of Mergerexecuted in accordance with, the "CEI Certificates relevant provisions of Merger"), and (C) make all other filings or recordings as may be required under the NYBCL DLLCA and the DGCL, respectively. Parent and (ii) with respect each officer of Merger Sub is hereby designated as an “authorized person” of Merger Sub within the meaning of the DLLCA and is hereby authorized, for and on behalf of Merger Sub, to execute, deliver and cause the NU Merger, filing of the parties hereto shall file a certificate of merger (the "NU Certificate of Merger") Merger with the Secretary of State of the Commonwealth of Massachusetts and shall make all other filings or recordings required under the MGLDelaware Secretary. The CEI Merger shall become effective at such time as (i) when the CEI New York Certificate of Merger is duly delivered to the Department of State of the State of New York and (ii) the CEI Delaware Certificate of Merger is filed with the Secretary of State of the State of Delaware, or at such subsequent date or time, not to exceed 30 days after the date of filing of the CEI New York Certificate of Merger or 90 days after the date of filing of the CEI Delaware Certificate of Merger, as CEI shall specify in the CEI Certificates of Merger (the time the CEI Merger becomes effective being hereinafter referred to as the "CEI Effective Time"), and the NU Merger shall become effective at such time as the NU Certificate of Merger is duly filed with the Secretary of State of the Commonwealth of MassachusettsDelaware Secretary, or at such subsequent date or later time as CEI may be agreed by Parent and NU shall agree the Company and specify specified in the NU Certificate of Merger (not to exceed 90 days from filing) (the date and time the NU Merger becomes effective being hereinafter referred to as the "NU “Effective Time"”). (ii) Parent and Merger Sub shall cause the Subsequent Merger to be consummated by filing as soon as practicable on the Closing Date (A) articles of merger for the Subsequent Merger (the “MDSM Articles of Merger”) with the State Department of Assessments and Taxation of Maryland (the “SDAT”), in such form as required by, and executed in accordance with, the relevant provisions of the MGCL and (B) a certificate of merger for the Subsequent Merger (the “DESM Certificate of Merger”) with the Delaware Secretary, in such form as required by, and executed in accordance with, the relevant provisions of the DLLCA. The CEI Subsequent Merger shall become effective when the MDSM Articles of Merger are duly filed with and accepted for record by, the SDAT and DESM Certificate of Merger is duly filed with the Delaware Secretary, or at such later time as may be agreed by Parent and the Company and specified in the MDSM Articles of Merger and the DESM Certificate of Merger (not to exceed 30 days from filing or acceptance, as applicable) and in any event following the Effective Time shall be (the same date and time the Subsequent Merger becomes effective being the “Subsequent Merger Effective Time”). (iii) Parent shall cause the Partnership Merger to be consummated by filing as soon as practicable on the NU Closing Date a certificate of merger for the Partnership Merger (the “Partnership Certificate of Merger”) with the Delaware Secretary, in such form as required by, and executed in accordance with, the relevant provisions of the DRUPA. The Partnership Merger shall become effective when the Partnership Certificate of Merger is duly filed with the Delaware Secretary, or at such later time as agreed by Parent and the Company and specified in the Partnership Certificate of Merger (not to exceed 90 days from filing), and in any event simultaneous with the Subsequent Merger Effective Time (such the date and time referred to herein as the "Partnership Merger becomes effective being the “Partnership Merger Effective Time"”).

Effective Time of the Mergers. Subject to On the Closing Date (as defined in Section 3.1) (a) articles of merger complying with the requirements of the relevant provisions of this Agreement, as soon as practicable on or after the Closing Date, (i) VCSA shall be executed and filed with the Clerk of the State Corporation Commission of the State of Virginia with respect to the CEI Merger, the parties hereto shall First Merger and (Ab) deliver a certificate of merger executed in accordance with, and containing such information as is required by, Section 907(e)(2) complying with the requirements of the NYBCL to the Department of State of the State of New York (the "CEI New York Certificate of Merger") and (B) file a certificate of merger executed in accordance with, and containing such information as is required by Section 252(c) relevant provisions of the DGCL shall be executed and filed with the Secretary of State of the State of Delaware (the "CEI Delaware Certificate of Merger", and collectively with the CEI New York Certificate of Merger, the "CEI Certificates of Merger"), and (C) make all other filings or recordings as may be required under the NYBCL and the DGCL, and (ii) with respect to the NU Second Merger, . The First Merger shall become effective upon issuance of the certificate of merger relating thereto or upon such later time as is agreed upon by the parties hereto and specified in such articles of merger (the "Effective Time of the First Merger"). The Second Merger shall file a become effective upon filing the certificate of merger relating thereto or upon such later date as is agreed upon by the parties and specified in such certificate of merger (the "NU Certificate Effective Time of the Second Merger") ); provided, that the Effective Time of the First Merger will occur immediately prior to the Effective Time of the Second Merger (it being understood that the First Merger will not be effected unless and until all of the conditions to the Second Merger have been satisfied or waived and the parties hereto are prepared to consummate the Second Merger). In the event the parties effect the Alternative Merger, on the Closing Date articles of merger complying with the Secretary of State requirements of the Commonwealth VCSA and a certificate of Massachusetts merger complying with the requirements of the DGCL in forms acceptable to DRI and CNG shall make all other filings or recordings required under be filed with the MGL. The CEI respective offices outlined above and the Alternative Merger shall become effective at such time as (i) upon the CEI New York Certificate completion of Merger is duly delivered the filings under the VCSA and the DGCL. In the event the parties effect the Alternative Merger, the references herein to "Second Merger" and "Effective Time of the Second Merger" shall refer to the Department Alternative Merger and the effective time of State of the State of New York and (ii) the CEI Delaware Certificate of Merger is filed with the Secretary of State of the State of Delaware, or at such subsequent date or time, not to exceed 30 days after the date of filing of the CEI New York Certificate of Merger or 90 days after the date of filing of the CEI Delaware Certificate of Alternative Merger, as CEI shall specify in the CEI Certificates of Merger (the time the CEI Merger becomes effective being hereinafter referred to as the "CEI Effective Time"), and the NU Merger shall become effective at such time as the NU Certificate of Merger is duly filed with the Secretary of State of the Commonwealth of Massachusetts, or at such subsequent date or time as CEI and NU shall agree and specify in the NU Certificate of Merger (the time the NU Merger becomes effective being hereinafter referred to as the "NU Effective Time"). The CEI Effective Time shall be the same date and time as the NU Effective Time (such date and time referred to herein as the "Effective Time")respectively.

Effective Time of the Mergers. Subject to the provisions of this Agreement, (a) Simultaneously with or as soon as practicable on following the Closing, Parent and the Company shall cause duly executed articles of merger or other appropriate documents (the “Merger Filing”) to be filed with and accepted for record by the State Department of Assessments and Taxation of Maryland (the “SDAT”) in accordance with Section 3-107 of the MGCL. The time at which the Merger shall become effective (the “Effective Time”) shall be the time the Merger Filing is accepted for record by the SDAT, or such later time as Parent and the Company shall have agreed (not to exceed one Business Day after the Closing Date, Merger Filing is accepted for record) and as shall be designated in the Merger Filing in accordance with the MGCL as the effective time of the Merger. (ib) Simultaneously with respect to or as soon as practicable following the CEI MergerClosing, the parties hereto Operating Partnership and OP MergerSub shall (A) deliver cause a duly executed certificate of merger executed in accordance with, and containing such information as is required by, Section 907(e)(2) of the NYBCL to the Department of State of the State of New York or other appropriate documents (the "CEI New York Certificate of Merger"“Partnership Merger Filing”) and (B) file a certificate of merger executed in accordance with, and containing such information as is required by Section 252(c) of the DGCL to be filed with the Delaware Secretary of State in accordance with the relevant provisions of the State of Delaware (the "CEI Delaware Certificate of Merger", and collectively with the CEI New York Certificate of Merger, the "CEI Certificates of Merger"), and (C) make all other filings or recordings as may be required under the NYBCL and the DGCL, and (ii) with respect to the NU Merger, the parties hereto shall file a certificate of merger (the "NU Certificate of Merger") with the Secretary of State of the Commonwealth of Massachusetts DRULPA and shall make all other filings or filings, recordings and publications required under the MGLDRULPA in respect of the Partnership Merger. The CEI time at which the Partnership Merger shall become effective at such (the “OP Effective Time”) shall be the time as (i) the CEI New York Certificate of Partnership Merger is duly delivered to the Department of State of the State of New York and (ii) the CEI Delaware Certificate of Merger Filing is filed with the Delaware Secretary of State State, or such later time as Parent and the Company shall have agreed and as shall be designated in the Partnership Merger Filing in accordance with the DRULPA as the effective time of the State of DelawarePartnership Merger, or at such subsequent date or time, not to exceed but in no event shall the OP Effective Time be more than 30 days after the date of filing of the CEI New York Certificate of Partnership Merger or 90 days after the date of filing of the CEI Delaware Certificate of Merger, as CEI shall specify in the CEI Certificates of Merger (the time the CEI Merger becomes effective being hereinafter referred to as the "CEI Effective Time"), and the NU Merger shall become effective at such time as the NU Certificate of Merger Filing is duly filed with the Delaware Secretary of State of State. (c) The parties intend that the Commonwealth of Massachusetts, or at such subsequent date or time as CEI Effective Time and NU shall agree and specify in the NU Certificate of Merger (the time the NU Merger becomes effective being hereinafter referred to as the "NU Effective Time"). The CEI OP Effective Time shall be the same date and occur as close in time to one another as the NU Effective Time (such date and time referred to herein as the "Effective Time")is practicable.

Effective Time of the Mergers. Subject Upon the terms and subject to the conditions hereof, and in accordance with the provisions of this Agreementthe DGCL, as soon as practicable on or after following the Closing Date, execution and delivery of this Agreement: (ia) with respect to the CEI Merger, the parties hereto shall (A) deliver RHC Constituent Corporations will cause a certificate of merger substantially in the form attached hereto as EXHIBIT A (the "RHC CERTIFICATE OF MERGER"), executed in accordance with, and containing such information as is required by, Section 907(e)(2) of the NYBCL to the Department of State of the State of New York (the "CEI New York Certificate of Merger") and (B) file a certificate of merger executed in accordance with, and containing such information as is required by Section 252(c) of the DGCL with the Secretary relevant provisions of State of the State of Delaware (the "CEI Delaware Certificate of Merger", and collectively with the CEI New York Certificate of Merger, the "CEI Certificates of Merger"), and (C) make all other filings or recordings as may be required under the NYBCL and the DGCL, and (ii) with respect to the NU Merger, the parties hereto shall file a certificate of merger (the "NU Certificate of Merger") with the Secretary of State of the Commonwealth of Massachusetts and shall make all other filings or recordings required under the MGL. The CEI Merger shall become effective at such time as (i) the CEI New York Certificate of Merger is duly delivered to the Department of State of the State of New York and (ii) the CEI Delaware Certificate of Merger is be filed with the Secretary of State of the State of Delaware, or at such subsequent date or time, not to exceed 30 days after the date of filing of the CEI New York Certificate of Merger or 90 days after the date of filing of the CEI Delaware Certificate of Merger, as CEI shall specify in the CEI Certificates of Merger (the time the CEI Merger becomes effective being hereinafter referred to as the "CEI Effective TimeDELAWARE AUTHORITY"), and the NU RHC Merger shall become effective at the time specified in such certificate of merger, and (b) the REC Constituent Corporations will cause a certificate of merger substantially in the form attached hereto as EXHIBIT B (the "REC CERTIFICATE OF MERGER"), executed in accordance with the relevant provisions of the DGCL, to be filed with the Delaware Authority, and the REC Merger shall become effective at the time as specified in such certificate of merger. Because it is the NU intent of the parties hereto that the RHC Merger and the REC Merger be effective simultaneously, the RHC Certificate of Merger is duly filed with and the Secretary of State of the Commonwealth of Massachusetts, or at such subsequent date or time as CEI and NU shall agree and specify in the NU REC Certificate of Merger (shall each specify 5:45 P.M., EDT, on the date hereof as the time and date for the NU effectiveness of the RHC Merger becomes effective being hereinafter referred to as and the "NU Effective Time")REC Merger, respectively. The CEI Effective Time term "EFFECTIVE TIME" shall be mean the same date time for the effectiveness of the RHC Merger and time as the NU Effective Time (such date REC Merger specified in the RHC Certificate of Merger and time referred to herein as the "Effective Time")REC Certificate of Merger, respectively.