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 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")respectively. 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").Section I.4