Common use of Second Merger Clause in Contracts

Second Merger. At the Second Merger Effective Time, the effects of the Second Merger shall be as provided in the applicable provisions of Delaware Law. Without limiting the generality of the foregoing, and subject thereto, at the Second Merger Effective Time, except as otherwise agreed to pursuant to the terms of this Agreement, all of the property, rights, privileges, powers and franchises of Merger Sub II and the First Merger Surviving Corporation shall vest in the Second Merger Surviving Entity, and all debts, liabilities and duties of Merger Sub II and the First Merger Surviving Corporation shall become the debts, liabilities and duties of the Second Merger Surviving Entity.

Appears in 4 contracts

Samples: Merger Agreement (KnowBe4, Inc.), Merger Agreement (FireEye, Inc.), Merger Agreement (FireEye, Inc.)

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Second Merger. At the Second Merger Effective Time, the effects effect of the Second Merger shall be as provided in the applicable provisions of Delaware Law. Without limiting the generality of the foregoing, and subject thereto, at the Second Merger Effective Time, except as otherwise agreed to pursuant to the terms of this Agreement, all of the property, rights, privileges, powers and franchises of Merger Sub II and the First Merger Surviving Corporation shall vest in the Second Merger Surviving EntityLLC, and all debts, liabilities and duties of Merger Sub II and the First Merger Surviving Corporation shall become the debts, liabilities and duties of the Second Merger Surviving EntityLLC.

Appears in 3 contracts

Samples: Merger Agreement (Coupa Software Inc), Agreement and Plan of Reorganization (Zovio Inc), Merger Agreement (Crexendo, Inc.)

Second Merger. At the effective time of the Second Merger Effective TimeMerger, the effects effect of the Second Merger shall be as provided in this Agreement, the applicable provisions Second Articles of Merger and as specified in the Delaware LawLaw and the FBCA, as applicable. Without limiting the generality of the foregoing, and subject thereto, at the effective time of the Second Merger Effective TimeMerger, except as otherwise agreed to pursuant to the terms of this Agreement, all of the property, rights, privileges, powers and franchises of Merger Sub II the Company and the First Merger Interim Surviving Corporation shall vest in Parent as the Second Merger Surviving Entity, and all debts, liabilities and duties of Merger Sub II the Company and the First Merger Interim Surviving Corporation shall become the debts, liabilities and duties of Parent as the Second Merger Surviving Entity.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Sumtotal Systems Inc)

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Second Merger. At the effective time of the Second Merger Effective TimeMerger, the effects effect of the Second Merger shall be as provided in this Agreement, the Second Certificate of Merger and the applicable provisions of Delaware Law. Without limiting the generality of the foregoing, and subject thereto, at the effective time of the Second Merger Effective Time, except as otherwise agreed to pursuant to the terms of this AgreementMerger, all of the property, rights, privileges, powers and franchises of Reliant and Merger Sub II and the First Merger Surviving Corporation shall vest in the Second Merger Surviving EntityCompany, and all debts, liabilities and duties of Reliant and Merger Sub II and the First Merger Surviving Corporation shall become the debts, liabilities and duties of the Second Merger Surviving EntityCompany.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Thermage Inc)

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