Common use of The Merger and the Subsequent Merger Clause in Contracts

The Merger and the Subsequent Merger. Upon the terms and subject to the conditions set forth in this Agreement and in accordance with the DGCL and the DLLCA, at the Effective Time, Merger Sub 1 will merge with and into the Company, and the separate existence of Merger Sub 1 shall cease. The Company shall continue as the surviving corporation and as a Wholly Owned Subsidiary of Parent and shall continue to be governed by the laws of the State of Delaware (as such, the “Surviving Corporation”). Immediately after the Effective Time, upon the terms and subject to the conditions set forth in this Agreement and in accordance with the DGCL and the DLLCA, the Surviving Corporation will merge with and into Merger Sub 2, and the separate existence of the Surviving Corporation shall cease. Merger Sub 2 shall continue as the surviving limited liability company and as a Wholly Owned Subsidiary of Parent and shall continue to be governed by the laws of the State of Delaware (as such, the “Surviving Company”).

The Merger and the Subsequent Merger. Upon the terms and subject to the conditions set forth in this Agreement and in accordance with the DGCL and the DLLCADGCL, at the Effective Time, Merger Sub 1 will merge with and into the Company, and the separate existence of Merger Sub 1 shall cease. The Company shall continue as the surviving corporation and as a Wholly Owned Subsidiary of Parent and shall continue to be governed by the laws of the State of Delaware (as such, the “First Surviving Corporation”). Immediately after the Effective Time, upon the terms and subject to the conditions set forth in this Agreement and in accordance with the DGCL and the DLLCADGCL, the First Surviving Corporation will merge with and into Merger Sub 2, and the separate existence of the First Surviving Corporation shall cease. Merger Sub 2 shall continue as the surviving limited liability company corporation and as a Wholly Owned Subsidiary of Parent and shall continue to be governed by the laws of the State of Delaware (as such, the “Surviving CompanyCorporation”).

The Merger and the Subsequent Merger. Upon the terms and subject to the conditions set forth in this Agreement and in accordance with the DGCL DGCL, Merger Sub 1 shall be merged with and into the DLLCA, Company at the Effective Time. Following the Merger, Merger Sub 1 will merge with and into the Company, and the separate corporate existence of Merger Sub 1 shall cease. The , and the Company shall continue as the surviving corporation and as a Wholly Owned Subsidiary direct, wholly-owned subsidiary of Parent and shall continue to be governed by the laws of the State of Delaware Services (as such, the “Surviving Corporation”)) and shall succeed to and assume all the rights and obligations of Merger Sub 1 in accordance with the DGCL. Immediately after following the Effective Time, upon the terms and subject to the conditions set forth in this Agreement and in accordance with the DGCL and the DLLCA, the Surviving Corporation will merge shall be merged with and into Merger Sub 2. Following the Subsequent Merger, and the separate corporate existence of the Surviving Corporation Company shall cease. , and Merger Sub 2 shall continue as the surviving limited liability company and as a Wholly Owned Subsidiary direct, wholly-owned subsidiary of Parent and shall continue to be governed by the laws of the State of Delaware Services (as such, the “Surviving Company”).

The Merger and the Subsequent Merger. Upon the terms and subject to the conditions set forth in this Agreement Agreement, and in accordance with the DGCL DGCL, Merger Sub 1 shall be merged with and into the DLLCA, Company at the Effective Time. Following the Merger, Merger Sub 1 will merge with and into the Company, and the separate corporate existence of Merger Sub 1 shall cease. The , and the Company shall continue as the surviving corporation and as a Wholly Owned Subsidiary direct, wholly-owned subsidiary of Parent and shall continue to be governed by the laws of the State of Delaware Purchaser (as such, the “Surviving Corporation”)) and shall succeed to and assume all the rights and obligations of Merger Sub 1 in accordance with the DGCL. Immediately after following the Effective Time, upon the terms and subject to the conditions set forth in this Agreement and in accordance with the DGCL and the DLLCA, the Surviving Corporation will merge shall be merged with and into Merger Sub 2. Following the Subsequent Merger, and the separate corporate existence of the Surviving Corporation Company shall cease. , and Merger Sub 2 shall continue as the surviving limited liability company and as a Wholly Owned Subsidiary direct, wholly-owned subsidiary of Parent and shall continue to be governed by the laws of the State of Delaware Purchaser (as such, the “Surviving Company”).