Common use of First Merger and Second Merger Clause in Contracts

First Merger and Second Merger. (a) Upon the terms and subject to the conditions set forth in this Agreement, and in accordance with the applicable provisions of the DGCL, Buyer, Merger Sub I and the Company (Merger Sub I and the Company sometimes being referred to herein as the “First Merger Constituent Corporations”) shall cause the First Merger to be consummated. The First Merger shall be consummated at the First Effective Time in accordance with this Agreement and evidenced by a certificate of merger relating to the First Merger in substantially the form of Annex E-1 (the “First Certificate of Merger”).

First Merger and Second Merger. (a) Upon the terms and subject to the conditions set forth in this Agreement, and in accordance with the applicable provisions of the DGCL, BuyerParent, Merger Sub I and the Company (Merger Sub I and the Company sometimes being referred to herein as the “First Merger Constituent Corporations”) shall cause the First Merger Sub I to be consummatedmerged with and into the Company effective as of the Effective Time, with the Company being the surviving corporation (the “First Merger”). The First Merger shall be consummated at the First Effective Time in accordance with this Agreement and evidenced by a certificate of merger relating to the First Merger in substantially the form of Annex E-1 (the “First Certificate of Merger”).

First Merger and Second Merger. (a) Upon the terms and subject to the conditions set forth in this Agreement, and in accordance with the applicable provisions of the DGCL, Buyer, Merger Sub I and the Company (Merger Sub I and the Company sometimes being referred to herein as the “First Merger Constituent Corporations”) shall cause the First Merger Sub I to be consummatedmerged with and into the Company effective as of the Effective Time, with the Company being the surviving corporation (the “First Merger”). The First Merger shall be consummated at the First Effective Time in accordance with this Agreement and evidenced by a certificate of merger relating to the First Merger in substantially the form of Annex E-1 B-1 (the “First Certificate of Merger”).

First Merger and Second Merger. (ai) Upon the terms and subject to the conditions set forth in this Agreement, and in accordance with the applicable provisions of the DGCL, the Buyer, Merger Sub Subsidiary I and the Company (Merger Sub Subsidiary I and the Company sometimes being referred to herein as the “First Merger Constituent Corporations”) shall cause the First Merger Subsidiary I to be consummatedmerged with and into the Company effective as of the Effective Time, with the Company being the surviving corporation (the “First Merger”). The First Merger shall be consummated at the First Effective Time in accordance with this Agreement and evidenced by a certificate of merger relating to the First Merger in substantially the form of Annex E-1 Exhibit A-1 (the “First Certificate of Merger”).