The Effective Time. Upon the terms and subject to the conditions set forth in this Agreement, on the Closing Date, Parent, Merger Sub and the Company will cause the Merger to be consummated pursuant to the DGCL by filing a certificate of merger in customary form and substance (the “Certificate of Merger”) with the Secretary of State of the State of Delaware in accordance with the applicable provisions of the DGCL (the time of such filing and acceptance for record by the Secretary of State of the State of Delaware, or such later time as may be agreed in writing by Parent, Merger Sub and the Company and specified in the Certificate of Merger, being referred to herein as the “Effective Time”).
Appears in 14 contracts
Samples: Merger Agreement (Castlight Health, Inc.), Merger Agreement (STAMPS.COM Inc), Merger Agreement (Cloudera, Inc.)
The Effective Time. Upon the terms and subject to the conditions set forth in this Agreement, on the Closing Date, Parent, Merger Sub and the Company will shall cause the Merger to be consummated pursuant to the DGCL by filing a certificate of merger in customary form and substance (the “Certificate of Merger”) with the Secretary of State of the State of Delaware in accordance with the applicable provisions of the DGCL (the time of such filing and acceptance for record by the Secretary of State of the State of Delaware, or such later time as may be agreed in writing by Parent, Merger Sub and the Company and specified in the Certificate of Merger, being referred to herein as the “Effective Time”).
Appears in 12 contracts
Samples: Merger Agreement (Quotient Technology Inc.), Merger Agreement (Ping Identity Holding Corp.), Agreement and Plan of Merger (Zymergen Inc.)
The Effective Time. Upon the terms and subject to the conditions set forth in this Agreement, on the Closing Date, Parent, Merger Sub and the Company will cause the Merger to be consummated pursuant to the DGCL by filing a certificate of merger in customary form and substance (the “Certificate of Merger”) with the Secretary of State of the State of Delaware in accordance with the applicable provisions of the DGCL (the time of such filing and acceptance for record by the Secretary of State of the State of Delaware, or such later time as may be agreed in writing by ParentXxxxxx, Merger Sub and the Company and specified in the Certificate of Merger, being referred to herein as the “Effective Time”).
Appears in 11 contracts
Samples: Merger Agreement (Thoughtworks Holding, Inc.), Merger Agreement (R1 RCM Inc. /DE), Merger Agreement (R1 RCM Inc. /DE)
The Effective Time. Upon the terms and subject to the conditions set forth in this Agreement, on the Closing Date, Parent, Merger Sub and the Company will cause the Merger to be consummated pursuant to the DGCL by filing a certificate of merger in customary form and substance (the “Certificate of Merger”) Merger with the Secretary of State of the State of Delaware in accordance with the applicable provisions of the DGCL (the time of such filing and acceptance for record by with the Secretary of State of the State of Delaware, or such later time as may be agreed in writing by ParentXxxxxx, Merger Sub and the Company and specified in the Certificate of MergerMerger in accordance with the DGCL, being referred to herein as the “Effective Time”).
Appears in 9 contracts
Samples: Agreement and Plan of Merger (Everbridge, Inc.), Merger Agreement (Everbridge, Inc.), Merger Agreement (Transphorm, Inc.)
The Effective Time. Upon the terms and subject to the conditions set forth in this Agreement, on the Closing Date, Parent, Merger Acquisition Sub and the Company will shall cause the Merger to be consummated pursuant to under the DGCL by filing a certificate of merger in customary such form as required by, and substance executed in accordance with, the DGCL (the “Certificate of Merger”) with the Secretary of State of the State of Delaware in accordance with the applicable provisions of the DGCL (the time of such filing and acceptance for record by the Secretary of State of the State of Delaware, or such later time as may be agreed in writing by Parent, Merger Acquisition Sub and the Company and specified in the Certificate of Merger, being referred to herein as the “Effective Time”).
Appears in 8 contracts
Samples: Merger Agreement (Silver Spring Networks Inc), Merger Agreement (Itron Inc /Wa/), Merger Agreement (Mattson Technology Inc)
The Effective Time. Upon the terms and subject to the conditions set forth in this Agreement, on the Closing Date, Parent, Merger Sub and the Company will cause the Merger to be consummated pursuant to the DGCL by filing a certificate of merger in customary form and substance (the “Certificate of Merger”) Merger with the Secretary of State of the State of Delaware in accordance with the applicable provisions of the DGCL (the time of such filing and acceptance for record by with the Secretary of State of the State of Delaware, or such later time as may be agreed in writing by Parent, Merger Sub and the Company and specified in the Certificate of MergerMerger in accordance with the DGCL, being referred to herein as the “Effective Time”).
Appears in 8 contracts
Samples: Merger Agreement (Medallia, Inc.), Merger Agreement (Globalscape Inc), Merger Agreement (Forescout Technologies, Inc)
The Effective Time. Upon the terms and subject to the conditions set forth in this Agreement, on the Closing Date, Parent, Merger Sub and the Company will shall cause the Merger to be consummated pursuant to the DGCL by filing a certificate of merger in customary form and substance (the “Certificate of Merger”) with the Secretary of State of the State of Delaware in accordance with the applicable provisions of the DGCL (the time of such filing and acceptance for record by the Secretary of State of the State of Delaware, or such later time as may be agreed in writing by ParentXxxxxx, Merger Sub and the Company and specified in the Certificate of Merger, being referred to herein as the “Effective Time”).
Appears in 7 contracts
Samples: Merger Agreement (Nokia Corp), Merger Agreement (Infinera Corp), Merger Agreement (Perficient Inc)
The Effective Time. Upon the terms and subject to the conditions set forth in this Agreement, on the Closing Date, Parent, Merger Acquisition Sub and the Company will shall cause the Merger to be consummated pursuant to under the DGCL by filing a certificate of merger in customary such form as required by, and substance executed in accordance with, the DGCL (the “Certificate of Merger”) with the Secretary of State of the State of Delaware in accordance with the applicable provisions of the DGCL (the time and day of such filing and acceptance for record by the Secretary of State of the State of Delaware, or such later time and day as may be agreed in writing by Parent, Merger Acquisition Sub and the Company and specified in the Certificate of Merger, being referred to herein as the “Effective Time”).
Appears in 6 contracts
Samples: Merger Agreement (Roundy's, Inc.), Merger Agreement (Receptos, Inc.), Merger Agreement (Celgene Corp /De/)
The Effective Time. Upon the terms and subject to the conditions set forth in this Agreement, on the Closing Date, Parent, Merger Sub and Date the Company will shall cause the Merger to be consummated pursuant to under the DGCL by filing a certificate of merger in customary such form as required by, and substance executed in accordance with, the DGCL (the “Certificate of Merger”) with the Secretary of State of the State of Delaware in accordance with the applicable provisions of the DGCL (the time and day of such filing and acceptance for record by the Secretary of State of the State of Delaware, or such later time and day as may be agreed in writing by Parent, Merger Acquisition Sub and the Company and specified in the Certificate of Merger, being referred to herein as the “Effective Time”).
Appears in 6 contracts
Samples: Merger Agreement (Skullcandy, Inc.), Merger Agreement (Mill Road Capital II, L.P.), Merger Agreement (Mill Road Capital II, L.P.)
The Effective Time. Upon the terms and subject to the conditions set forth in this Agreement, on the Closing Date, Parent, Merger Acquisition Sub and the Company will shall cause the Merger to be consummated pursuant to under the DGCL by filing a certificate of merger in customary form and substance (the “Certificate of Merger”) with the Secretary of State of the State of Delaware (the “Delaware Secretary of State”) in accordance with the applicable provisions of the DGCL (the time of such filing and acceptance for record by the Delaware Secretary of State of the State of DelawareState, or such later time as may be agreed in writing by Parent, Merger Acquisition Sub and the Company and specified in the Certificate of Merger, being referred to herein as the “Effective Time”).
Appears in 6 contracts
Samples: Merger Agreement (3PAR Inc.), Merger Agreement (Hewlett Packard Co), Merger Agreement (Hewlett Packard Co)
The Effective Time. Upon the terms and subject to the conditions set forth in this Agreement, on the Closing Date, Parent, Merger Sub and the Company will shall cause the Merger to be consummated pursuant to under the DGCL by filing a certificate of merger in customary such form as required by, and substance executed in accordance with, the DGCL (the “Certificate of Merger”) with the Secretary of State of the State of Delaware in accordance with the applicable provisions of the DGCL (the time and day of such filing and acceptance for record by the Secretary of State of the State of Delaware, or such later time and day as may be agreed in writing by Parent, Merger Sub and the Company and specified in the Certificate of Merger, being referred to herein as the “Effective Time”)) and shall take such further actions as may be required to make the Merger effective.
Appears in 4 contracts
Samples: Merger Agreement, Merger Agreement (Intermolecular Inc), Merger Agreement (Horizon Pharma PLC)
The Effective Time. Upon the terms and subject to the conditions set forth in this Agreement, on the Closing Date, ParentNewco, Merger Sub and the Company will shall cause the Merger to be consummated pursuant to under the DGCL by filing a certificate of merger in customary form and substance (the “Certificate of Merger”) with the Secretary of State of the State of Delaware in accordance with the applicable provisions of the DGCL (the time of such filing and acceptance for record by the Secretary of State of the State of Delaware, or such later time as may be agreed in writing by ParentNewco, Merger Sub and the Company and specified in the Certificate of Merger, being referred to herein as the “Effective Time”).
Appears in 3 contracts
Samples: Merger Agreement (Sumtotal Systems Inc), Merger Agreement (Sumtotal Systems Inc), Merger Agreement (Vista Equity Partners Fund III LP)
The Effective Time. Upon the terms and subject to the conditions set forth in this Agreement, on the Closing Date, Parent, Merger Sub and the Company will cause the Merger to be consummated pursuant to the DGCL by filing a certificate of merger in customary form and substance (the “Certificate of Merger”) with the Secretary of State of the State of Delaware in accordance with the applicable provisions of the DGCL (the time of such filing and acceptance for record by with the Secretary of State of the State of Delaware, or such later time as may be agreed in writing by Parent, Merger Sub and the Company and specified in the Certificate of MergerMerger in accordance with the DGCL, being referred to herein as the “Effective Time”).
Appears in 3 contracts
Samples: Merger Agreement (Activision Blizzard, Inc.), Merger Agreement (Nuance Communications, Inc.), Merger Agreement (Linkedin Corp)
The Effective Time. Upon the terms and subject to the conditions set forth in this Agreement, on the Closing Date, Parent, Merger Sub and the Company will cause the Merger to be consummated pursuant to the DGCL by filing a certificate of merger in customary form and substance (the “Certificate of Merger”) with the Secretary of State of the State of Delaware in accordance with the applicable provisions of the DGCL (the time of such filing and acceptance for record by with the Secretary of State of the State of Delaware, or such later time as may be agreed in writing by Parent, Merger Sub and the Company and specified in the Certificate of Merger, being referred to herein as the “Effective Time”).
Appears in 3 contracts
Samples: Merger Agreement (Innophos Holdings, Inc.), Merger Agreement (Monotype Imaging Holdings Inc.), Merger Agreement (Nutraceutical International Corp)
The Effective Time. Upon the terms and subject to the conditions set forth in this Agreement, on the Closing Date, LKQ, Parent, Merger Acquisition Sub and the Company will shall cause the Merger to be consummated pursuant to under the DGCL by filing a certificate of merger in customary such form as required by, and substance executed in accordance with, the DGCL (the “Certificate of Merger”) with the Secretary of State of the State of Delaware in accordance with the applicable provisions of the DGCL (the time and day of such filing and acceptance for record by the Secretary of State of the State of Delaware, or such later time and day as may be agreed in writing by LKQ, Parent, Merger Acquisition Sub and the Company and specified in the Certificate of Merger, being referred to herein as the “Effective Time”).
Appears in 2 contracts
Samples: Merger Agreement (LKQ Corp), Merger Agreement (Coast Distribution System Inc)
The Effective Time. Upon the terms and subject to the conditions set forth in this Agreement, on the Closing Date, Parent, Merger Sub and the Company will cause the Merger to be consummated pursuant to the DGCL by filing a certificate of merger in customary form and substance (the “Certificate of Merger”) with the Secretary of State of the State of Delaware in accordance with the applicable provisions of the DGCL (the time of such filing and acceptance for record by with the Secretary of State of the State of Delaware, or such later time as may be agreed in writing by Parent, Merger Xxxxxx Sub and the Company and specified in the Certificate of MergerMerger in accordance with the DGCL, being referred to herein as the “Effective Time”).
Appears in 2 contracts
Samples: Agreement and Plan of Merger, Merger Agreement
The Effective Time. Upon the terms and subject to the conditions set forth in this Agreement, on the Closing Date, Parent, Merger Sub and the Company will shall cause the Merger to be consummated pursuant to under the DGCL by filing a certificate of merger in customary form and substance (the “Certificate of Merger”) with the Secretary of State of the State of Delaware (the “Delaware Secretary of State”) in accordance with the applicable provisions of the DGCL (the time of such filing and acceptance for record by the Delaware Secretary of State of the State of DelawareState, or such later time as may be agreed in writing by Parent, Merger Sub Parent and the Company and specified in the Certificate of Merger, being referred to herein as the “Effective Time”).
Appears in 2 contracts
Samples: Merger Agreement (Brigham Exploration Co), Merger Agreement (Statoil Asa)
The Effective Time. Upon the terms and subject to the conditions set forth in this Agreement, on the Closing Date, Parent, Merger Acquisition Sub and the Company will shall cause the Merger to be consummated pursuant to under the DGCL by filing a certificate of merger in customary such form as required by, and substance executed in accordance with, the DGCL (the “Certificate of Merger”) with the Secretary of State of the State of Delaware in accordance with the applicable provisions of the DGCL (the time and day of such filing and acceptance for record by with the Secretary of State of the State of Delaware, or such later time and day as may be agreed in writing by Parent, Merger Acquisition Sub and the Company and specified in the Certificate of Merger, being referred to herein as the “Effective Time”).
Appears in 2 contracts
Samples: Merger Agreement (Elanco Animal Health Inc), Merger Agreement (Aratana Therapeutics, Inc.)
The Effective Time. Upon the terms and subject to the conditions set forth in this Agreement, on the Closing Date, Parent, Merger Sub and the Company will shall cause the Merger to be consummated pursuant to under the DGCL by filing a certificate of merger in customary form and substance (the Table of Contents “Certificate of Merger”) with the Secretary of State of the State of Delaware (the “Delaware Secretary of State”) in accordance with the applicable provisions of the DGCL (the time of such filing and acceptance for record by the Delaware Secretary of State of the State of DelawareState, or such later time as may be agreed in writing by Parent, Merger Sub and the Company and specified in the Certificate of Merger, being referred to herein as the “Effective Time”).
Appears in 1 contract
Samples: Merger Agreement (3com Corp)
The Effective Time. Upon the terms and subject to the conditions set forth in this Agreement, on the Closing Date, Parent, Merger Sub and the Company will cause the Merger to be consummated pursuant to the DGCL by filing a certificate of merger in customary form and substance (the “Certificate of Merger”) Merger with the Secretary of State of the State of Delaware in accordance with the applicable provisions of the DGCL (DGCL. The Merger shall become effective on such date and at such time as the time acceptance of such filing and acceptance for record by the Secretary of State of the State of Delaware, or such later time as may be agreed in writing by Parent, Merger Sub and the Company and specified in the Certificate of Merger, being referred to herein as Merger in accordance with the DGCL (the “Effective Time”).
Appears in 1 contract
Samples: Merger Agreement (Mandiant, Inc.)
The Effective Time. Upon the terms and subject to the conditions set forth in this Agreement, on the Closing Date, Parent, Merger Sub and the Company will cause the Merger to be consummated pursuant to the DGCL by filing a certificate of merger in customary substantially the form and substance attached hereto as Exhibit B (the “Certificate of Merger”) with the Secretary of State of the State of Delaware in accordance with the applicable provisions of the DGCL (the time of such filing and acceptance for record by with the Secretary of State of the State of Delaware, or such later time as may be agreed in writing by ParentXxxxxx, Merger Sub and the Company and specified in the Certificate of MergerMerger in accordance with the DGCL, being referred to herein as the “Effective Time”).
Appears in 1 contract
The Effective Time. Upon the terms and subject to the conditions set forth in this Agreement, on the Closing Date, Parent, Merger Sub and the Company will cause the Merger to be consummated pursuant to the DGCL by filing a certificate of merger in customary form and substance (the “Certificate of Merger”) with the Secretary of State of the State of Delaware in accordance with the applicable provisions of the DGCL (DGCL. The Merger will become effective at the time of such filing and acceptance for record by the Secretary of State of the State of Delaware, or such later time as may be agreed in writing by ParentXxxxxx, Merger Sub and the Company and specified in the Certificate of Merger, being referred to herein as the “Effective Time”).
Appears in 1 contract
Samples: Merger Agreement (Augmedix, Inc.)
The Effective Time. Upon the terms and subject to the conditions set forth in this Agreement, on the Closing Date, Parent, Merger Sub and the Company will shall cause the Merger to be consummated pursuant to under the DGCL by filing a certificate of merger in customary form and substance (the “Certificate of Merger”) with the Secretary of State of the State of Delaware (the “Delaware Secretary of State”) in accordance with the applicable provisions of the DGCL (the “Certificate of Merger”) (the time of such filing and acceptance for record by the Delaware Secretary of State of the State of DelawareState, or such later time as may be agreed in writing by Parent, Merger Sub and the Company and specified in the Certificate of Merger, being referred to herein as the “Effective Time”).
Appears in 1 contract
Samples: Merger Agreement (SoftBrands, Inc.)
The Effective Time. Upon the terms and subject to the conditions set forth in this Agreement, on the Closing Date, Parent, Merger Sub and the Company will cause the Merger to be consummated pursuant to the DGCL by filing a certificate of merger in customary form and substance (the “"Certificate of Merger”") with the Secretary of State of the State of Delaware in accordance with the applicable provisions of the DGCL (the time of such filing and acceptance for record by the Secretary of State of the State of Delaware, or such later time as may be agreed in writing by Parent, Merger Sub and the Company and specified in the Certificate of Merger, being referred to herein as the “"Effective Time”").
Appears in 1 contract
Samples: Merger Agreement (Marketo, Inc.)
The Effective Time. Upon the terms and subject to the conditions set forth in this Agreement, on the Closing Date, Parent, Merger Sub and the Company will shall cause the Merger to be consummated pursuant to the DGCL and DLLCA by filing a certificate of merger in customary form and substance (the “Certificate of Merger”) with the Secretary of State of the State of Delaware in accordance with the applicable provisions of the DGCL and DLLCA (the time of such filing and acceptance for record by with the Secretary of State of the State of Delaware, or such later time as may be agreed in writing by ParentPaxxxx, Merger Sub and the Company and specified in the Certificate of Merger, being referred to herein as the “Effective Time”).
Appears in 1 contract
Samples: Merger Agreement (Atlas Technical Consultants, Inc.)
The Effective Time. Upon the terms and subject to the conditions set forth in this Agreement, on the Closing Date, Parent, Merger Sub and the Company will shall cause the Merger to be consummated pursuant to the DGCL by filing a certificate of merger in customary form and substance (the “Certificate of Merger”) with the Secretary of State of the State of Delaware in accordance with the applicable provisions of the DGCL (the time of such filing and acceptance for record by the Secretary of State of the State of Delaware, or such later date or time as may be agreed in writing by ParentXxxxxx, Merger Sub and the Company and specified in the Certificate of Merger, being referred to herein as the “Effective Time”).
Appears in 1 contract
The Effective Time. Upon the terms and subject to the conditions set forth in this Agreement, on the Closing Date, Parent, Proton Parent, Merger Sub and the Company will shall cause the Merger to be consummated pursuant to the DGCL by filing a certificate of merger in customary form and substance (the “Certificate of Merger”) with the Secretary of State of the State of Delaware in accordance with the applicable provisions of the DGCL (the time of such filing and acceptance for record by the Secretary of State of the State of Delaware, or such later time as may be agreed in writing by ParentXxxxxx, Merger Xxxxxx Sub and the Company and specified in the Certificate of Merger, being referred to herein as the “Effective Time”).
Appears in 1 contract
Samples: Merger Agreement (Poshmark, Inc.)
The Effective Time. Upon the terms and subject to the conditions set forth in this Agreement, on the Closing Date, ParentNewco, Merger Sub and the Company will shall cause the Merger to be consummated pursuant to under the DGCL by filing a certificate of merger in customary form and substance (the “Certificate of Merger”) with the Secretary of State of the State of Delaware (the “Delaware Secretary of State”) in accordance with the applicable provisions of the DGCL (the time of such filing and acceptance for record by the Delaware Secretary of State of the State of DelawareState, or such later time as may be agreed in writing by ParentNewco, Merger Sub and the Company and specified in the Certificate of Merger, being referred to herein as the “Effective Time”).
Appears in 1 contract
Samples: Merger Agreement (3com Corp)
The Effective Time. Upon the terms and subject to the conditions set forth in this Agreement, as soon as practicable on the Closing Date, ParentInvestor, Merger Acquisition Sub and the Company will shall cause the Merger to be consummated pursuant to under the DGCL by filing a certificate of merger in customary such form as required by, and substance executed in accordance with, the DGCL (the “Certificate of Merger”) with the Secretary of State of the State of Delaware in accordance with the applicable provisions of the DGCL (the time of such filing and acceptance for record by the Secretary of State of the State of Delaware, or such later time as may be agreed in writing by ParentInvestor, Merger Acquisition Sub and the Company and specified in the Certificate of Merger, being referred to herein as the “Effective Time”).
Appears in 1 contract
The Effective Time. Upon the terms and subject to the conditions set forth in this Agreement, on the Closing Date, Parent, Merger Sub and the Company will cause the Merger to be consummated pursuant to the DGCL by the Company filing a certificate of merger in customary form and substance (the “Certificate of Merger”) with the Secretary of State of the State of Delaware in accordance with the applicable provisions of the DGCL (the time of such filing and acceptance for record by with the Secretary of State of the State of Delaware, or such later other time as may be agreed in writing by Parent22 Xxxxxx, Merger Sub and the Company and specified in the Certificate of Merger, being referred to herein as the “Effective Time”).
Appears in 1 contract
Samples: Merger Agreement (Squarespace, Inc.)
The Effective Time. Upon the terms and subject to the conditions set forth in this Agreement, on the Closing Date, Parent, Merger Sub and the Company will cause the Merger to be consummated pursuant to the DGCL (including Section 251(h) thereof) by filing a certificate of merger in customary form and substance (the “Certificate of Merger”) Merger with the Secretary of State of the State of Delaware in accordance with the applicable provisions of the DGCL (the time of such filing and acceptance for record by with the Secretary of State of the State of Delaware, or such later time as may be agreed in writing by Parent, Merger Sub and the Company and specified in the Certificate of MergerMerger in accordance with the DGCL, being referred to herein as the “Effective Time”).
Appears in 1 contract
Samples: Agreement and Plan of Merger (Forescout Technologies, Inc)
The Effective Time. Upon the terms and subject to the conditions set forth in this Agreement, on the Closing Date, Parent, Merger Sub and the Company will cause the Merger to be consummated pursuant to the DGCL by filing a certificate of merger in customary form and substance (the “Certificate of Merger”) to be executed and filed with the Secretary of State of the State of Delaware in accordance with the applicable provisions of the DGCL (the time of such filing and acceptance for record by the Secretary of State of the State of Delaware, or such later time as may be agreed in writing by Parent, Merger Sub and the Company and specified in the Certificate of Merger, being referred to herein as the “Effective Time”).
Appears in 1 contract
Samples: Merger Agreement (Natus Medical Inc)
The Effective Time. Upon the terms and subject to the conditions set forth in this Agreement, on concurrently with the Closing DateClosing, Parent, Merger Acquisition Sub and the Company will shall cause the Merger to be consummated pursuant to under the DGCL DGCL, including the filing by filing the Company of a certificate of merger in customary such form as required by, and substance executed in accordance with, the DGCL (the “Certificate of Merger”) with the Secretary of State of the State of Delaware in accordance with the applicable provisions of the DGCL (the time of such filing and acceptance for record by the Secretary of State of the State of Delaware, or such later time as may be agreed in writing by Parent, Merger Acquisition Sub and the Company and specified in the Certificate of Merger, being referred to herein as the “Effective Time”).
Appears in 1 contract
The Effective Time. Upon the terms and subject to the conditions set forth in this Agreement, on the Closing Date, Parent, Merger Sub and the Company will cause the Merger to be consummated pursuant to the DGCL by the Company filing a certificate of merger in customary form and substance (the “Certificate of Merger”) with the Secretary of State of the State of Delaware in accordance with the applicable provisions of the DGCL (including Section 251(h) thereof) (the time of such filing and acceptance for record by with the Secretary of State of the State of Delaware, or such later other time as may be agreed in writing by ParentXxxxxx, Merger Sub and the Company and specified in the Certificate of Merger, being referred to herein as the “Effective Time”).
Appears in 1 contract
The Effective Time. Upon the terms and subject to the conditions set forth in this Agreement, on the Closing Date, Parent, Merger Sub and the Company will cause the Merger to be consummated pursuant to the DGCL by filing a certificate of merger in customary form and substance (the “Certificate of MergerMxxxxx”) with the Secretary of State of the State of Delaware in accordance with the applicable provisions of the DGCL (the time of such filing and acceptance for record by the Secretary of State of the State of Delaware, or such later time as may be agreed in writing by ParentPxxxxx, Merger Sub and the Company and specified in the Certificate of Merger, being referred to herein as the “Effective Time”).
Appears in 1 contract
The Effective Time. Upon the terms and subject to the conditions set forth in this Agreement, on the Closing Date, Parent, Merger Sub and the Company will cause the Merger to be consummated pursuant to the DGCL by filing a certificate of merger in customary form and substance (the “Certificate of Merger”) with the Secretary of State of the State of Delaware in accordance with the applicable provisions of the DGCL (the time of such filing and acceptance for record by the Secretary of State of the State of Delaware, or such later time as may be agreed in writing by ParentXxxxxx, Merger Sub and the Company and specified in the Certificate of Merger, being referred to herein as the “Effective Time”), together with any other filings or recordings required by the DGCL.
Appears in 1 contract
The Effective Time. Upon the terms and subject to the conditions set forth in this Agreement, on the Closing Date, Parent, Merger Sub and the Company will shall cause the Merger to be consummated pursuant to under the DGCL by filing a certificate of merger in customary form and substance (the “"Certificate of Merger”") with the Secretary of State of the State of Delaware (the "Delaware Secretary of State") in accordance with the applicable provisions of the DGCL (the time of such filing and acceptance for record by with the Delaware Secretary of State of the State of DelawareState, or such later time as may be agreed in writing by Parent, Merger Sub and the Company and specified in the Certificate of Merger, being referred to herein as the “"Effective Time”").
Appears in 1 contract
Samples: Merger Agreement (Proginet Corp)
The Effective Time. Upon the terms and subject to the conditions set forth in this Agreement, as soon as practicable on the Closing Date, Parent, Merger Acquisition Sub and the Company will shall cause the Merger to be consummated pursuant to under the DGCL by filing a certificate of merger in customary such form as required by, and substance executed in accordance with, the DGCL (the “Certificate of Merger”) with the Secretary of State of the State of Delaware in accordance with the applicable provisions of the DGCL (the time of such filing and acceptance for record by the Secretary of State of the State of Delaware, or such later time as may be agreed in writing by Parent, Merger Acquisition Sub and the Company and specified in the Certificate of Merger, being referred to herein as the “Effective Time”). The Merger shall be governed by Section 251(h) of the DGCL.
Appears in 1 contract
The Effective Time. Upon the terms and subject to the conditions set forth in this Agreement, on or prior to the Closing Date, Parent, Merger Sub and the Company will shall cause the Merger to be consummated pursuant to the DGCL by filing a certificate of merger in customary form and substance (the “Certificate of Merger”) with the Secretary of State of the State of Delaware in accordance with the applicable provisions of the DGCL (the time of such filing and acceptance for record by the Secretary of State of the State of Delaware, or such later time as may be agreed in writing by Parent, Merger Sub and the Company and specified in the Certificate of Merger, being referred to herein as the “Effective Time”).
Appears in 1 contract
Samples: Merger Agreement (Otelco Inc.)
The Effective Time. Upon the terms and subject to the conditions set forth in this Agreement, on the Closing Date, Parent, Merger Sub and the Company will shall cause the Merger to be consummated pursuant to under the DGCL by filing a certificate of merger in customary form and substance (the “Certificate of Merger”) with the Secretary of State of the State of Delaware (the “Delaware Secretary of State”) in accordance with the applicable provisions of the DGCL (the time of such filing and acceptance for record by with the Delaware Secretary of State of the State of DelawareState, or such later time as may be agreed in writing by Parent, Merger Sub and the Company and specified in the Certificate of Merger, being referred to herein as the “Effective Time”).
Appears in 1 contract
The Effective Time. Upon the terms and subject to the conditions set forth in this AgreementAgreement (including the Merger Condition), on the Closing Date, if any, Parent, Merger Acquisition Sub and the Company will shall cause the Merger to be consummated pursuant to under the DGCL by filing a certificate of merger in customary such form as required by, and substance executed in accordance with, the DGCL (the “Certificate of Merger”) with the Secretary of State of the State of Delaware in accordance with the applicable provisions of the DGCL (the time of such filing and acceptance for record by the Secretary of State of the State of Delaware, or such later time as may be agreed in writing by Parent, Merger Acquisition Sub and the Company and specified in the Certificate of Merger, being referred to herein as the “Effective Time”).
Appears in 1 contract
