Common use of Merger Effective Time Clause in Contracts

Merger Effective Time. Subject to the provisions of this Agreement, at the Closing, the Company shall file (a) with the Secretary of State of the State of Delaware the certificate of merger in substantially the form attached hereto as Exhibit H, executed in accordance with the relevant provisions of the DGCL (the “Certificate of Merger”) and (b) with the Secretary of State of the State of Nevada the articles of merger in substantially the form attached hereto as Exhibit I, executed in accordance with the relevant provisions of the Nevada Merger Act (the “Articles of Merger”). The Merger shall become effective upon the filing of the Certificate of Merger and Articles of Merger or at such later time as is agreed to by the parties and specified in the Certificate of Merger and Articles of Merger (the time at which the Merger becomes effective is herein referred to as the “Effective Time”).

Merger Effective Time. Subject to the provisions of this Agreement, at the Closing, the Company shall file (a) with the Secretary of State of the State of Delaware the a certificate of merger (the “Delaware Certificate of Merger”) and Secretary of State of the State of Nevada articles of merger (the “Nevada Articles of Merger”) in substantially the form attached hereto as Exhibit Hand substance reasonably acceptable to Company and Parent, executed in accordance with the relevant provisions of the DGCL and the NRS (the “Delaware Certificate of Merger”) Merger and (b) with the Secretary of State of the State of Nevada the articles of merger in substantially the form attached hereto as Exhibit I, executed in accordance with the relevant provisions of the Nevada Merger Act (the “Articles of Merger, collectively, the “Certificates of Xxxxxx”). The Merger shall become effective upon the filing of the Certificate of Merger and Articles Certificates of Merger or at such later time as is agreed to by the parties Parties and specified in the Certificate of Merger and Articles Certificates of Merger (the time at which the Merger becomes effective is herein referred to as the “Effective Time”).