Common use of The Merger Clause in Contracts

The Merger. Upon the terms and subject to the conditions set forth in this Agreement, at the Effective Time, Merger Sub shall be merged with and into the Company, and the separate existence of Merger Sub shall cease. The Company will continue as the surviving corporation in the Merger (the “Surviving Corporation”).

The Merger. Upon the terms and subject to the conditions set forth in this Agreement, at the Effective Time, Merger Sub shall be merged with and into the Company, and the separate existence of Merger Sub shall cease. The , and the Company will continue as the surviving corporation in the Merger (the “Surviving Corporation”).

The Merger. Upon the terms and subject to the conditions set forth in this Agreement, at the Effective TimeTime (as defined in Section 1.3), Merger Sub shall be merged with and into the Company. By virtue of the Merger, and at the Effective Time, the separate existence of Merger Sub shall cease. The cease and the Company will shall continue as the surviving corporation in the Merger (the “Surviving Corporation”).

The Merger. Upon At the Effective Time (as defined in Section 1.3 hereof), subject to the terms and subject to conditions of this Agreement and the conditions set forth Articles of Merger (as defined in this Agreement, at the Effective TimeSection 1.3 hereof), Merger Sub shall be merged with and into the Company, and the separate existence of Merger Sub shall cease. The , and the Company will shall continue as the surviving corporation. The Company, in its capacity as the corporation in surviving the Merger (Merger, is hereinafter sometimes referred to as the “"Surviving Corporation”)."

The Merger. Upon Subject to the terms and subject to the conditions set forth in this Agreement, and in accordance with the applicable provisions of law, at the Effective Time, Merger Sub (hereinafter defined) and the Company shall consummate a merger as set forth in the Plan of Merger (attached as Exhibit C), pursuant to which the Company shall be merged with and into Merger Sub, the Companyseparate corporate existence of the Company shall thereupon cease, and the separate existence of Merger Sub shall cease. The Company will continue as the surviving corporation in the Merger (the “Surviving Corporation”)corporation.

The Merger. Upon the terms and subject to the conditions set forth hereof, and in this Agreementaccordance with the relevant provisions of the Corporation Law, at the Effective Time, Merger Sub shall be merged with and into the Company, and Company (the separate existence of Merger Sub shall cease“Merger”). The Company will continue as shall be the surviving corporation in the Merger (the “Surviving Corporation”)) and the separate corporate existence of Merger Sub shall cease.

The Merger. Upon At the Effective Time and subject to and upon the terms and subject to the conditions set forth in of this Agreement, at the Effective Time, Merger Sub shall be merged with and into Company (the Company"Merger"), and the separate corporate existence of Merger Sub shall cease. The cease and Company will shall continue as the surviving corporation in under the corporate name it possesses immediately prior to the Effective Time. Company as the surviving corporation after the Merger (is sometimes hereinafter referred to as the “"Surviving Corporation”)."

The Merger. Upon the terms On and subject to the terms and conditions set forth in of this Agreement, Company will merge with and into Merger Sub (the “Merger”) at the Effective Time, Merger Sub shall be merged with and into the Company, and the separate existence of Merger Sub shall cease. The Company will continue as be the corporation surviving corporation in the Merger (the “Surviving Corporation”).

The Merger. Upon Subject to the terms and subject to the conditions set forth in of this Agreement, at the Effective TimeTime (as defined in Section 1.2), Merger Sub shall be merged merge with and into the CompanyCompany in accordance with the GCL, and the separate corporate existence of Merger Sub shall cease. The , and the Company will shall continue as the surviving corporation in the Merger (Merger. The Company, in its capacity as the corporation surviving the Merger, is hereinafter sometimes referred to as the “Surviving Corporation.”).

The Merger. Upon the terms and subject to the conditions set forth in this Agreement, at the Effective TimeTime (as defined below), Merger Sub the Company shall be merged with and into the CompanyMerger Sub, and whereupon the separate existence of Merger Sub the Company shall cease. The Company will continue as the surviving corporation in the Merger (the “Surviving Corporation”).

The Merger. Upon On the terms and subject to the conditions set forth in this Agreement, at and in accordance with the Effective TimeWBCA, Merger Sub shall be merged with and into WRECO at the CompanyEffective Time. As a result of the Merger, and at the Effective Time, the separate corporate existence of Merger Sub shall cease. The Company will cease and WRECO shall continue as the surviving corporation in the Merger (Merger. WRECO, as the surviving corporation following the Merger, is sometimes referred to in this Agreement as the “Surviving Corporation”).

The Merger. Upon the terms and subject to the conditions set forth in this Agreement, and in accordance with the General Corporation Law, at the Effective Time, Merger Sub shall be merged with and into STC. As a result of the CompanyMerger, and the separate corporate existence of Merger Sub shall cease. The Company will cease and STC shall continue as the surviving corporation in of the Merger (the “"Surviving Corporation”").

The Merger. Upon the terms and subject to the conditions set forth in this Agreement, and in accordance with the NYBCL, at the Effective Time, Merger Sub shall be merged with and into the Company, Company and the separate corporate existence of Merger Sub shall ceasethereupon cease (the “Merger“). The Company will continue as shall be the surviving corporation in the Merger (sometimes hereinafter referred to as the “Surviving Corporation”“), and the separate corporate existence of the Company, with all its rights, privileges, immunities, powers and franchises, shall continue unaffected by the Merger.

The Merger. Upon At the Effective Time (as defined in Section 1.2) and ---------- subject to and upon the terms and subject to conditions of this Agreement and the conditions set forth in this Agreement, at applicable provisions of the Effective TimeCorporate Code, Merger Sub shall be merged with and into Company (the Company"Merger"), and the separate corporate existence of the Merger Sub shall cease. The cease and Company will shall continue as the surviving corporation. Company as the surviving corporation in of the Merger (is hereinafter sometimes referred to as the “"Surviving Corporation”)."

The Merger. Upon (a) At the Effective Time, and subject to and upon the terms and subject to the conditions set forth of this Agreement and in this Agreement, at the Effective Timeaccordance with applicable Laws, Merger Sub shall be merged with and into the Management Company, and whereby the separate existence of Merger Sub shall cease. The , and the Management Company will shall continue its existence under New York Law as the surviving corporation in the Merger entity (hereinafter sometimes referred to as the “Surviving CorporationEntity”).

The Merger. Upon the terms and subject to the conditions set forth in this Agreementhereof, at the Effective Time, Merger Sub shall be merged with and into the Company, Company and the separate existence of Merger Sub shall thereupon cease. The , and the Company will shall continue as the surviving corporation company in the Merger (the “Surviving CorporationCompany”)) in accordance with the DLLCA.

The Merger. Upon At the Effective Time and subject to and upon the terms and subject conditions of this Agreement and the applicable provisions of the NRS. Merger Sub and the Company shall consummate the Merger, pursuant to the conditions set forth in this Agreement, at the Effective Time, which Merger Sub shall be merged merge with and into the Company, and the separate corporate existence of Merger Sub shall cease. The cease and the Company will shall continue as the surviving corporation in the Merger (Merger. The Company, as the surviving corporation after the Merger, is hereinafter sometimes referred to as the “Surviving Corporation”).

The Merger. Upon the terms and subject to the conditions set forth in this Agreement, and in accordance with the KGCC, at the Effective TimeTime (as defined below), Merger Sub shall be merged with and into the Company, and the separate corporate existence of Merger Sub shall thereupon cease. The , and the Company will continue as shall be the surviving corporation in the Merger (the “Surviving Corporation”).

The Merger. Upon the terms and subject to satisfaction or waiver of the conditions set forth in this Agreement, at and in accordance with the Effective TimeNRS, Merger Sub shall be merged with and into the Company. As a result of the Merger, and the separate corporate existence of Merger Sub shall cease. The cease and the Company will shall continue as the surviving corporation in of the Merger (the “Surviving Corporation”).

The Merger. Upon the terms and subject to the conditions set forth in this Agreement, at the Effective Time, Merger Sub shall be merged with and into the CompanyCompany at the Effective Time. Following the Merger, and the separate corporate existence of Merger Sub shall cease. The Company will cease and the Company, as a wholly owned subsidiary of Holdings, shall continue as the surviving corporation in the Merger (the “"Surviving Corporation”"). The Merger will be effected pursuant to the provisions of, and with the effect provided in, the Minnesota Business Corporation Act (the "MBCA").

The Merger. Upon At the Effective Time and subject to and upon the terms and subject to conditions of this Agreement and the conditions set forth in this Agreement, at applicable provisions of the Effective TimeAct, Merger Sub shall be merged with and into the Company, and the separate existence of Merger Sub shall cease. The , and the Company will shall continue as the surviving corporation in the Merger Surviving Company and as a direct, wholly-owned Subsidiary of Buyer (the “Surviving CorporationMerger”).

The Merger. Upon On the terms and subject to the conditions set forth in this Agreement, at the Effective Time, Time Merger Sub shall be merged with and into Stratex (the Company, “Merger”) and the separate corporate existence of Merger Sub shall thereupon cease. The Company will continue as Stratex shall be the surviving corporation in the Merger (sometimes hereinafter referred to as the “Surviving Corporation”)) and the separate corporate existence of Stratex, with all its rights, privileges, powers and franchises, shall continue unaffected by the Merger. The Merger shall have the effects specified in the DGCL.

The Merger. Upon At the Effective Time (as defined in Section 1.3 hereof), subject to the terms and subject to conditions of this Agreement and the conditions set forth Certificate of Merger (as defined in this Agreement, at the Effective TimeSection 1.3 hereof), Merger Sub shall be merged with and into the Company, and the separate existence of Merger Sub shall cease. The , and the Company will shall continue as the surviving corporation. The Company, in its capacity as the corporation in surviving the Merger (Merger, is hereinafter sometimes referred to as the “"Surviving Corporation”)."

The Merger. Upon the terms and subject to the conditions set forth in this Agreement, at and in accordance with the Effective TimeAct, Merger Sub shall be merged merge with and into the Company, and with the separate existence of Merger Sub shall cease. The Company will continue continuing as the surviving corporation in of such merger, at the Merger (the “Surviving Corporation”)Effective Time.

The Merger. Upon Subject to the terms and subject to the conditions set forth in of this Agreement, at the Effective TimeTime (as hereinafter defined), Merger Sub Subsidiary shall be merged with and into the CompanyCompany pursuant to the terms and conditions set forth herein and in a plan of merger (the "Plan of Merger"). At the Effective Time, and the separate existence of Merger Sub Subsidiary shall cease. The cease and the Company will shall continue as the surviving corporation in the Merger (the “"Surviving Corporation”").

The Merger. Upon the terms and subject to the conditions set forth in this Agreement, at the Effective TimeTime (as defined in Section 1.3(b)), Merger Sub shall be merged with and into the CompanyCompany (the merger of Merger Sub into the Company being referred to as the “Merger”). By virtue of the Merger, and at the Effective Time, the separate existence of Merger Sub shall cease. The cease and the Company will shall continue as the surviving corporation in the Merger (the “Surviving Corporation”).

The Merger. Upon the terms and subject to the conditions set forth in this AgreementAgreement and in accordance with the NRS, at the Effective Time, Merger Sub shall be merged with and into the Company. Following the Merger, and the separate corporate existence of Merger Sub shall cease. The , and the Company will shall continue as the surviving corporation in the Merger (the “Surviving Corporation”)) and a wholly-owned subsidiary of HoldCo.

The Merger. Upon the terms and subject to satisfaction or waiver of the conditions set forth in this Agreement, and in accordance with the PBCL, at the Effective Time, Merger Sub the Company shall be merged with and into Merger Sub. As a result of the CompanyMerger, the separate corporate existence of the Company shall cease, and the separate existence of Merger Sub shall cease. The Company will continue as the surviving corporation in of the Merger (the “Surviving Corporation”).

The Merger. Upon the terms and subject to the conditions set forth in this Agreement, at At the Effective Time, Merger Sub in accordance with this Agreement and the NRS, the Company shall be merged with and into the CompanyMerger Sub, and the separate existence of the Company shall cease, and Merger Sub shall cease. The Company will continue as the surviving corporation in entity. For purposes of this Agreement, (i) the entity surviving the Merger after the Effective Time may be referred to as the "Surviving Entity" and (ii) the “Surviving Corporation”)Company and Merger Sub are collectively referred to as the "Constituent Entities."

The Merger. Upon the terms and subject to the conditions set forth contained in this Agreement, at the Effective Time, Merger Sub shall be merged with and into the CompanyBPOMS, and the separate corporate existence of Merger Sub shall ceasethereupon cease (the “Merger”). The Company will BPOMS shall continue as the surviving corporation in the Merger (the “Surviving Corporation”).

The Merger. Upon the terms and subject to the conditions set forth in this Agreement, at the Effective Time, Merger Sub shall be merged with and into the Company, and the separate existence of Merger Sub shall cease. The Company will continue as the surviving corporation in the Merger (the “Surviving Corporation”).. 1.2

The Merger. Upon the terms and subject to the conditions set forth in this Agreement, at and in accordance with the Effective TimeNRS, Merger Sub shall be merged with and into the CompanyCompany at the Effective Time of the Merger (as defined in Section 1.3). Following the Merger, and the separate corporate existence of Merger Sub shall cease. The , and the Company will shall continue as the surviving corporation in the Merger (the “Surviving Corporation”)) and shall succeed to and assume all the rights, properties, liabilities and obligations of Merger Sub in accordance with the NRS.

The Merger. Upon At the terms Closing, on and subject to the terms and conditions set forth in of this Agreement, at Company and Merger Sub will consummate the Effective TimeMerger by a merger of the Company with and into Merger Sub, pursuant to which Merger Sub shall be merged with and into the Company, and entity surviving the separate existence of Merger Sub shall cease. The Company will continue as the surviving corporation in the Merger (the “Surviving Corporation”)Merger.

The Merger. Upon the terms and subject to the conditions set forth of this Agreement and in this Agreementaccordance with the IBCL, at the Effective Time, Merger Sub shall be merged with and into the Company. As a result of the Merger, and the separate corporate existence of Merger Sub shall cease. The cease and the Company will shall continue as the surviving corporation in of the Merger (the “Surviving Corporation”).

The Merger. Upon On the terms and subject to the conditions set forth in this Agreement, and in accordance with the Merger Statute, at the Effective Time, Time the Merger Sub shall will be merged with and into the Company. As a result of the Merger, (a) the separate corporate existence of the Merger Sub will cease and the separate existence of Merger Sub shall cease. The Company will continue its corporate existence under the Merger Statute as the surviving corporation in the Merger (sometimes referred to herein as the “Surviving Corporation”), and (b) Hightimes shall own 100% of the Company Common Stock.

The Merger. Upon At the Effective Time (as defined in Section 1.3 hereof), subject to the terms and subject to conditions of this Agreement and the conditions set forth in this Agreement, at the Effective TimeCertificate of Merger, Merger Sub shall be merged with and into the Company, and the separate existence of Merger Sub shall cease. The , and the Company will shall continue as the surviving corporation. The Company, in its capacity as the corporation in surviving the Merger (Merger, is hereinafter sometimes referred to as the “Surviving Corporation.”).

The Merger. Upon Subject to and in accordance with the terms and subject to the conditions set forth in this Agreement, at the “Effective Time” (as defined in Section 1.2 hereof), Merger Sub Company shall be merged with and into Merger Sub, which shall be the Companysurviving corporation (the “Surviving Corporation”) in the Merger, and the separate existence of Merger Sub Company shall thereupon cease. The Company will continue as the surviving corporation in the Merger (the “Surviving Corporation”).

The Merger. Upon On the terms and subject to the conditions set forth in this Agreement, and in accordance with the LLC Act, at the Effective Time, Merger Sub shall be merged with and into the Company. At the Effective Time, and the separate corporate existence of Merger Sub shall cease. The cease and the Company will shall continue as the surviving corporation in the Merger (the “Surviving Corporation”)Company.

The Merger. Upon Subject to the terms and subject to the conditions set forth in of this Agreement, at the Effective TimeTime (as defined in Section 1.2), Merger Sub shall be merged merge with and into the CompanyCompany in accordance with the GCL, and the separate corporate existence of Merger Sub shall cease. The , and the Company will shall continue as the surviving corporation in the Merger (Merger. The Company, in its capacity as the “corporation surviving the Merger, is hereinafter sometimes referred to as the "Surviving Corporation”)."

The Merger. Upon the terms and subject to satisfaction or waiver of the conditions set forth in this Agreement, at and in accordance with the Effective TimeGBCC, Merger Sub shall be merged with and into the Company. As a result of the Merger, and the separate corporate existence of Merger Sub shall cease. The cease and the Company will shall continue as the surviving corporation in of the Merger (the “"Surviving Corporation”").

The Merger. Upon the terms and subject to the conditions set forth in this Agreement, at the Effective Time, Merger Sub shall be merged with and into the Company, Company and the separate corporate existence of Merger Sub shall thereupon cease. The Company will continue as shall be the surviving corporation in the Merger, and the separate corporate existence of the Company, with all its rights, privileges, immunities, powers and franchises, shall continue unaffected by the Merger, except as set forth in this Article II. The Merger (shall have the “Surviving Corporation”)effect provided in this Agreement and as specified in the DGCL.

The Merger. Upon the terms and subject to the conditions set forth in this Agreement, at and in accordance with the Effective TimePBCL, Merger Sub shall be merged with and into the CompanyCompany at the Effective Time (the “Merger”). Following the Merger, and the separate corporate existence of Merger Sub shall cease. The cease and the Company will shall continue as the surviving corporation in the Merger (the “Surviving Corporation”).

The Merger. Upon the terms and subject to the conditions set forth in this Agreement and the Statutory Merger Agreement, and pursuant to Section 104H of the Companies Act, at the Effective Time, Merger Sub shall be merged with and into the Company, and the separate corporate existence of Merger Sub shall thereupon cease. The , and the Company will continue as shall be the surviving corporation company in the Merger (such surviving company, the “Surviving CorporationCompany”).

The Merger. Upon At the Effective Time and upon the terms and subject to the conditions set forth of this Agreement and in this Agreement, at accordance with the Effective TimeNRS, Merger Sub shall be merged with and into the Company, and the separate corporate existence of Merger Sub shall cease. The cease and the Company will shall continue as the surviving corporation in the Merger (the “Surviving Corporation”).

The Merger. Upon the terms and subject to the conditions set forth in this Agreement, and in accordance with the provisions of the LBCA, at the Effective Time, Merger Sub shall be merged with and into the Company, and the separate corporate existence of Merger Sub shall thereupon cease. The , and the Company will continue as shall be the surviving corporation in the Merger (Merger. The Company, as the surviving corporation after the Merger, is hereinafter referred to as the “Surviving Corporation”).

The Merger. Upon the terms On and subject to the terms and conditions set forth in of this Agreement, Merger Sub will merge with and into Company at the Effective Time, Merger Sub shall be merged with and into the Company, Time and the separate corporate existence of Merger Sub shall will thereupon cease. The Company will continue as shall be the surviving corporation in the Merger (the “Surviving Corporation”), and the separate corporate existence of Company, with all of its rights, privileges, summary powers and franchises, shall continue unaffected by the Merger, except as provided for in Section 2.4.

The Merger. Upon the terms and subject to the conditions set forth in this Agreement, at the Effective Time, Merger Sub shall be merged with and into Company (the Company“Merger”). As a result of the Merger, and at the Effective Time, the separate corporate existence of Merger Sub shall cease. The cease and Company will shall continue as the surviving corporation in the Merger (Merger. Company, as the surviving corporation following the Merger, is sometimes referred to in this Agreement as the “Surviving Corporation”).

The Merger. Upon Subject to the terms and subject to conditions of this Agreement and in accordance with the conditions set forth in this AgreementAct, at the Effective Time, Merger Sub shall be merged with and into the Company, Company (the “Merger”) and the separate existence of Merger Sub shall cease. The Company will continue as the surviving corporation company in the Merger (the “Surviving CorporationCompany”)) and as the wholly-owned subsidiary of Parent. The separate corporate existence of Merger Sub will terminate following the Merger.

The Merger. Upon the terms and subject to the conditions set forth in this Agreement, at the Effective Timehereof, Merger Sub shall be merged with and into the Company at the Effective Time (as defined below). Following the Merger, the Company, with all its purposes, objects, rights, privileges, powers and the separate existence of franchises, shall continue, and Merger Sub shall cease. The Company will continue as the surviving corporation in the Merger (the “Surviving Corporation”)cease to exist.

The Merger. Upon (a) Subject to and upon the terms and subject to the conditions set forth in of this Agreement, at the Effective Time, Merger Sub shall be merged merge with and into the CompanyCompany (the "Merger"), and the separate corporate existence of Merger Sub shall cease. The cease and the Company will shall survive and continue to exist as a Delaware corporation (the Company, as the surviving corporation in the Merger (Merger, sometimes being referred to herein as the “"Surviving Corporation”").

The Merger. Upon the terms and subject to the conditions set forth in this Agreement, and in accordance with the TBCA, at the Effective TimeTime (as defined in Section 1.3), Merger Sub shall be merged with and into the Company, and the separate corporate existence of Merger Sub shall cease. The cease and the Company will shall continue as the surviving corporation in the Merger (the “"Surviving Corporation”").

The Merger. Upon the terms and subject to the conditions set forth in this AgreementAgreement and in accordance with the NRS, at the Effective Time, Merger Sub shall be merged with and into the Company. Following the Merger, and the separate corporate existence of Merger Sub shall cease. The , and the Company will shall continue as the surviving corporation in the Merger (the “Surviving Corporation”)) and a wholly-owned subsidiary of Parent.

The Merger. Upon the terms and subject to the conditions set forth in this Agreementherein, at the Effective Time, Merger Sub shall be merged with and into the Company, and the separate existence of Merger Sub shall cease. The cease and the Company will continue shall become a wholly owned subsidiary of Acquirer (sometimes referred to herein as the surviving corporation in the Merger (the “Surviving Corporation”).

The Merger. Upon At the Effective Time and subject to and upon the terms and subject to conditions of this Agreement and the conditions set forth in this Agreement, at the Effective TimePBCL, Merger Sub shall be merged with and into the Company, and the separate corporate existence of Merger Sub shall cease. The , and the Company will shall continue as the surviving corporation. The Company, as the surviving corporation in after the Merger (Merger, is hereinafter sometimes referred to as the “Surviving Corporation.”).

The Merger. Upon Subject to the terms and subject to the conditions set forth in this Agreementhereof, at the Effective Time, Merger Sub shall be merged merge with and into Company in accordance with the CompanyWBCL, and whereupon the separate existence of Merger Sub shall cease. The , and Company will continue as shall be the surviving corporation in the Merger (the “Surviving Corporation”).

The Merger. Upon the terms and subject to satisfaction or waiver of the conditions set forth in this Agreement, and in accordance with the DLLCA, at the Effective Time, Merger Sub shall be merged with and into the Company. As a result of the Merger, and the separate existence of Merger Sub shall cease. The , the Company will shall continue as the surviving corporation in limited liability company of the Merger and the Company’s name shall be changed to Xxxxx Equipment Holdings, LLC (the “Surviving CorporationCompany”).

The Merger. Upon the terms and subject to the satisfaction or waiver of the conditions set forth in this Agreement, at and in accordance with the Effective TimeNRS, Merger Sub shall be merged with and into the Company. As a result of the Merger, and at the Effective Time, the separate corporate existence of Merger Sub shall cease. The cease and the Company will shall continue as the surviving corporation in of the Merger (the “Surviving Corporation”).. The name of the Surviving Corporation shall be “XON Cells, Inc.”

The Merger. Upon On the terms and subject to the conditions set forth in this Agreement, at and in accordance with the Effective TimeCGCL, Merger Sub shall be merged with and into the CompanyCompany at the Effective Time. At the Effective Time, and the separate corporate existence of Merger Sub shall cease. The cease and the Company will shall continue as the surviving corporation in the Merger (the “Surviving Corporation”).

The Merger. Upon At the Effective Time (as defined in Section 1.03 hereof), subject to the terms and subject to conditions of this Agreement and the conditions set forth Certificate of Merger (as defined in this Agreement, at the Effective TimeSection 1.03 hereof), Merger Sub shall be merged with and into the Company, and the separate existence of Merger Sub shall cease. The , and the Company will shall continue as the surviving corporation. The Company, in its capacity as the corporation in surviving the Merger (Merger, is hereinafter sometimes referred to as the “"Surviving Corporation”)."

The Merger. Upon Subject to the terms and subject to the conditions set forth in this Agreement, and in accordance with the applicable provisions of law, at the Effective Time, Merger Sub (hereinafter defined) and the Company shall consummate a merger as set forth in the Plan of Merger (attached as Exhibit C), pursuant to which Merger Sub shall be merged with and into the Company, and the separate corporate existence of Merger Sub shall thereupon cease. The , and the Company will shall continue as the surviving corporation in the Merger (the “Surviving Corporation”)corporation.

The Merger. Upon the terms and subject to the conditions set forth in this Agreement, at the Effective Time, Merger Sub shall be merged with and into the Company, Company and the separate corporate existence of Merger Sub shall thereupon cease. The Company will continue as shall be the surviving corporation in the Merger (sometimes hereinafter referred to as the “Surviving Corporation”)., and the separate corporate existence of the Company with all its rights, privileges, immunities, powers and franchises shall continue unaffected by the Merger, except as set forth in

The Merger. Upon At the Effective Time and subject to and upon the terms and subject to conditions of this Agreement and the conditions set forth in this Agreement, at applicable provisions of the Effective TimeNRS, Merger Sub shall be merged with and into the Company, and the separate corporate existence of Merger Sub shall cease. The , and the Company will shall continue as the surviving corporation in and a wholly-owned subsidiary of Parent. The Company, following the Merger (Merger, is sometimes referred to herein as the “Surviving Corporation.”).

The Merger. Upon the terms and subject to the conditions set forth in this Agreement, at the Effective Time, Merger Sub shall be merged with and into the Company, and the separate corporate existence of Merger Sub shall cease. The Company will continue as the surviving corporation limited liability company in the Merger (the “Surviving CorporationEntity”).

The Merger. Upon (a) Subject to the terms and subject to conditions of this Agreement and in accordance with the conditions set forth in this AgreementMBCL, at the Effective Time, Merger Sub shall be merged will merge with and into the Company. At the Effective Time, and the separate corporate existence of Merger Sub shall cease. The cease and the Company will continue as shall be the surviving corporation in the Merger (the “"Surviving Corporation”").

The Merger. Upon the terms of and subject to the conditions set forth in this Agreement, and in accordance with the CCC, at the Effective Time, Merger Sub shall be merged with and into the Company, and the separate corporate existence of Merger Sub shall cease. The cease and the Company will shall continue as the surviving corporation Surviving Corporation and shall succeed and assume all the property, rights, privileges, powers and franchises of Merger Sub in accordance with the Merger (the “Surviving Corporation”)CCC.

The Merger. Upon the terms and subject Subject to the conditions set forth in provisions of this Agreement, at the Effective Time, Merger Sub shall be merged with and into the Company, and the separate corporate existence of Merger Sub shall cease. The cease and the Company will continue as shall be the surviving corporation in the Merger (the “Surviving Corporation”).

The Merger. Upon Subject to and in accordance with the terms and subject to the conditions set forth in of this Agreement, Merger Sub will merge with and into the Company (the “Merger”) at the Effective Time, Merger Sub shall be merged with and into the Company, and the separate existence of Merger Sub shall cease. The Company will continue as shall be the corporation surviving corporation in the Merger (the “Surviving Corporation”)) and, at the Effective Time, the separate corporate existence of Merger Sub shall cease.

The Merger. Upon the terms and subject to the conditions set forth in this Agreement, at and in accordance with Part XVI of the Effective TimeCompanies Law, Merger Sub shall be merged with and into the CompanyCompany at the Effective Time of the Merger (as hereinafter defined). At the Effective Time of the Merger, and the separate existence of Merger Sub shall cease. The , and the Company will shall continue as the surviving corporation in the Merger (the “Surviving Corporation”)company and a wholly-owned subsidiary of Parent.

The Merger. Upon the terms and subject to the conditions set forth in this Agreement, and in accordance with VSCA, at the Effective TimeTime (as defined in Section 1.2 of this Agreement), Merger Sub the Company shall be merged with and into Merger Sub. As a result of the CompanyMerger, and the separate corporate existence of the Company shall cease and Merger Sub shall cease. The Company will continue as the surviving corporation in of the Merger (the “"Surviving Corporation”"). Certain terms used in this Agreement are defined in Section 9.3 hereof.

The Merger. Upon At the Effective Time (as defined in Section 1.2) and subject to and upon the terms and subject to conditions of this Agreement and the conditions set forth in this Agreement, at the Effective TimeWashington Act, Merger Sub shall be merged with and into the Company, and the separate corporate existence of Merger Sub shall cease. The , and the Company will shall continue as the surviving corporation. The Company as the surviving corporation in after the Merger (hereinafter sometimes is referred to as the “"Surviving Corporation”)."

The Merger. Upon the terms and subject to the conditions set forth in this Agreement, at (a) At the Effective Time, in accordance with this Agreement and the TBCA , Merger Sub shall be merged with and into the Company, and the separate existence of Merger Sub shall cease. The , and the Company will shall continue as the surviving corporation. Subject to Section 2.1(b), the Company, as the surviving corporation in after the Merger (Reverse Merger, is hereinafter sometimes referred to as the “"Surviving Corporation”)".

The Merger. Upon Subject to and in accordance with the terms and subject to the conditions set forth in of this Agreement, Merger Sub will merge with and into the Company (the “Merger”) at the Effective Time, Merger Sub shall be merged with and into the Company, and the separate existence of Merger Sub shall cease. The Company will continue as shall be the corporation surviving corporation in the Merger (the “Surviving Corporation”).

The Merger. Upon On the terms and subject to the conditions set forth in this Agreement, at the Effective Time, Merger Sub Merging Company shall be merged with and into the Surviving Company. As a result of the Merger, the separate corporate existence of the Merging Company shall cease and the separate existence of Merger Sub Surviving Company shall cease. The Company will continue as the surviving corporation in of the Merger (the “"Surviving Corporation”").

The Merger. Upon Subject to the terms and subject to the conditions set forth in of this Agreement, at the Effective TimeTime (as defined in Section 1.02), Merger Sub shall be merged with and into the Company, Company in accordance with this Agreement and the separate corporate existence of Merger Sub shall thereupon cease. The Company will continue as shall be the surviving corporation in the Merger (sometimes hereinafter referred to as the “Surviving Corporation”"SURVIVING CORPORATION").

The Merger. Upon the terms and subject to the conditions set forth in this Agreement, at the Effective Time, Merger Sub shall be merged with and into the Company, and the separate existence of Merger Sub shall cease. The Company will continue as the surviving corporation in the Merger (the “Surviving CorporationEntity”).

The Merger. Upon the terms and subject to conditions of this Agreement and in accordance with the conditions set forth in this AgreementKGCC, at the Effective Time, Merger Sub shall be merged with and into the Company. Following the Merger, and the separate corporate existence of Merger Sub shall cease. The cease and the Company will shall continue as the surviving corporation in the Merger (the “Surviving Corporation”).

The Merger. Upon At the Effective Time, upon the terms and subject to the conditions set forth of this Agreement and in this Agreement, at accordance with the Effective TimeCorporation Law, Merger Sub shall be merged with and into Total (the Company"Merger"). Following the Merger, Total shall continue as the surviving corporation (the "Surviving Corporation") and the separate corporate existence of Merger Sub shall cease. The Company will continue as the surviving corporation in the Merger (the “Surviving Corporation”).

The Merger. Upon the terms and subject to the conditions set forth in this Agreement, and in accordance with New York Law, at the Effective TimeTime (as defined in Section 2.03), Merger Sub shall be merged with and into Company. As a result of the CompanyMerger, and the separate corporate existence of Merger Sub shall cease. The cease and Company will shall continue as the surviving corporation in the Merger as a wholly owned subsidiary of Lux Sub (the “"Surviving Corporation”").

The Merger. Upon the terms and subject to the conditions set forth in this Agreement, and in accordance with the RIBCA, the Merger Sub shall merge with and into the Company at the Effective Time. At the Effective Time, the separate corporate existence of the Merger Sub shall be merged with and into the Company, cease and the separate existence of Merger Sub Company shall cease. The Company will continue as the surviving corporation in the Merger (the “Surviving Corporation”)) and shall succeed to and assume all the rights and obligations of the Merger Sub in accordance with the RIBCA.

The Merger. Upon the terms and subject to the conditions set forth in this Agreement, at Agreement and in accordance with the Effective TimeTBCA, Merger Sub shall be merged with and into the CompanyCompany at the Effective Time. Following the Effective Time, and the separate corporate existence of Merger Sub shall cease. The , and the Company will shall continue as the surviving corporation in the Merger (the “Surviving Corporation”)) and shall succeed to and assume all the rights and obligations of Merger Sub in accordance with the TBCA.

The Merger. Upon Subject to and in accordance with the terms and subject to the conditions set forth in this Agreement, at the Effective TimeTime (as defined below), Merger Sub shall be merged with and into Company, which shall be the Companysurviving corporation (the “Surviving Corporation”) in the Merger, and the separate existence of Merger Sub shall thereupon cease. The Company will continue as name of the surviving corporation Surviving Corporation shall remain “Plumtree Software, Inc.” The Merger shall have the effects set forth in the Merger applicable provisions of the Delaware General Corporation Law (the “Surviving CorporationDelaware Law”).

The Merger. Upon the terms and subject to the conditions set forth in of this AgreementAgreement and the applicable provisions of the Act, at the Effective Time, Merger Sub shall be merged with and into the Company, and the separate corporate existence of Merger Sub shall cease. The , and the Company will shall continue as the surviving corporation in of the Merger (the “Surviving Corporation”).

The Merger. Upon the terms and subject to the conditions set forth in this Agreement, at the Effective TimeTime (as defined in Section 1.3), Merger Sub shall be merged with and into the Company, and the separate existence of Merger Sub shall cease. The , and the Company will shall continue as the surviving corporation in the Merger (the “Surviving Corporation”).

The Merger. Upon At the Effective Time (as defined in Section 1.3 hereof), subject to the terms and subject to conditions of this Agreement and the conditions set forth Certificate of Merger (as defined in this Agreement, at the Effective TimeSection 1.3 hereof), Merger Sub shall be merged with and into the Company, and the separate existence of Merger Sub shall cease. The , and the Company will shall continue as the surviving corporation. The Company, in its capacity as the corporation in surviving the Merger (Merger, is hereinafter sometimes referred to as the “Surviving Corporation”)"SURVIVING CORPORATION."

The Merger. Upon (a) Subject to the terms and subject to the conditions set forth in of this Agreement, at the Effective TimeTime (as hereinafter defined), Merger Sub the Company shall be merged with and into the CompanyMerger Subsidiary, and the separate existence of the Company shall cease (except as may be continued by operation of law) and Merger Sub Subsidiary shall cease. The Company will continue as the surviving corporation in the Merger (the “Surviving Corporation”"SURVIVING CORPORATION").

The Merger. Upon the terms and subject to the conditions set forth in this AgreementAgreement and in accordance with the DCGL, at the Effective Time, Merger Sub shall be merged with and into the Company. Following the Merger, and the separate corporate existence of Merger Sub shall cease. The , and the Company will shall continue as the surviving corporation in the Merger (the “Surviving Corporation”)) and a wholly owned subsidiary of Parent.

The Merger. Upon At the Effective Time (as defined in Section 1.2) and subject to and upon the terms and subject to conditions of this Agreement and the conditions set forth in this Agreement, at applicable provisions of the Effective TimeGBCC, Merger Sub shall be merged with and into the Company, and the separate corporate existence of Merger Sub shall cease. The cease and the Company will shall continue as the surviving corporation. The Company as the surviving corporation in after the Merger (is hereinafter sometimes referred to as the “Surviving Corporation”)"SURVIVING CORPORATION."

The Merger. Upon Subject to and in accordance with the terms and subject to the conditions set forth in of this Agreement, the Merger Sub will merge with and into the Company (the "Merger") at the Effective Time, Merger Sub shall be merged with and into the Company, and the separate existence of Merger Sub shall cease. The Company will continue as shall be the corporation surviving corporation in the Merger (the “"Surviving Corporation”").

The Merger. Upon the terms and subject to the conditions set forth in this Agreement, at the Effective TimeTime (as defined in Section 1.3), Merger Sub shall be merged with and into the CompanyMerger Partner, and the separate existence of Merger Sub shall cease. The Company will , and Merger Partner shall continue as the surviving corporation in the Merger (the “Surviving Corporation”).

The Merger. Upon On the terms and subject to the conditions set forth in this Agreement, and in accordance with the LLC Act and the DE LLC Act, at the Effective Time, Merger Sub shall be merged with and into the Company. At the Effective Time, and the separate corporate existence of Merger Sub shall cease. The cease and the Company will shall continue as the surviving corporation in the Merger (the “Surviving Corporation”)Company.

The Merger. Upon the terms and subject to the conditions set forth in this Agreement, at the Effective Time, Merger Sub shall be merged with and into the Company, Company and the separate corporate existence of Merger Sub shall thereupon cease. The Company will continue as shall be the surviving corporation in the Merger (sometimes hereinafter referred to as the “"Surviving Corporation”")., and the separate corporate existence of the Company with all its rights, privileges, immunities, powers and franchises shall continue unaffected by the Merger. At the Effective Time, the effect of the Merger shall be as provided in this Agreement, the Certificate of Merger and the applicable provisions of the

The Merger. Upon At the Effective Time (as defined in Section 1.3 hereof), subject to the terms and subject to the conditions set forth in of this Agreement, at the Effective Time, Merger Sub shall be merged with and into the Company, and the separate existence of Merger Sub shall cease. The , and the Company will shall continue as the surviving corporation. The Company, in its capacity as the corporation in surviving the Merger (Merger, is hereinafter sometimes referred to as the “Surviving Corporation”).

The Merger. Upon In accordance with the terms and subject to upon the conditions set forth in of this Agreement, at the Effective Time, Merger Sub shall be merged with and into the Company, and whereupon the separate existence of Merger Sub shall cease, and the Company shall continue as the surviving corporation. The Company will continue Company, as the surviving corporation in the Merger (Merger, is hereinafter sometimes referred to as the “Surviving Corporation.”).

The Merger. Upon the terms and subject to satisfaction or waiver of the conditions set forth in this Agreement, and in accordance with the NRS and the Act, at the Effective Time, Merger Sub the Company shall be merged with and into Merger Sub. As a result of the CompanyMerger, and the separate corporate existence of the Company shall cease and Merger Sub shall cease. The Company will continue as the surviving corporation in of the Merger (the “"Surviving Corporation”").

The Merger. Upon the terms and subject to the conditions set forth of this Agreement and in this Agreementaccordance with the NRS, at the Effective Time, Merger Sub shall be merged with and into the Company. As a result of the Merger, and the separate corporate existence of Merger Sub shall cease. The cease and the Company will shall continue as the surviving corporation in of the Merger (the “Surviving Corporation”“).

The Merger. (a) Merger of Merger Sub into the Company. Upon the terms and subject to the conditions set forth in this Agreementherein, at the Effective Time, Merger Sub shall be merged with and into the Company, and the separate existence of Merger Sub shall cease. The Company will continue as the surviving corporation in the Merger (sometimes referred to herein as the “Surviving Corporation”)) and as a wholly owned subsidiary of Acquirer.

The Merger. Upon the terms and subject to the conditions set forth in of this Agreement, Merger Sub shall merge with and into the Company (with such merger referred to herein as the "MERGER") at the Effective Time. From and after the Effective Time, Merger Sub shall be merged with and into the Company, and the separate corporate existence of Merger Sub shall cease. The cease and the Company will shall continue as the surviving corporation in the Merger (the “Surviving Corporation”"SURVIVING CORPORATION").. The "

The Merger. Upon the terms and subject to the conditions set forth in this Agreement, and in accordance with the LLCA, at the Effective Time, Merger Sub shall be merged with and into the Company. As a result of the Merger, and the separate limited liability company existence of Merger Sub shall cease. The , and the Company will shall continue as the surviving corporation in limited liability company following the Merger (the “Surviving CorporationCompany”).

The Merger. Upon the terms and subject to the conditions set forth in this Agreement, pursuant to the Merger Agreement and in accordance with the Companies Act, at the Effective Time, (a) Merger Sub shall be merged with and into the Company, and (b) the separate corporate existence of Merger Sub shall cease. The thereupon cease and (c) the Company will continue as shall be the surviving corporation company in the Merger (the “Surviving CorporationCompany”).

The Merger. Upon At the Effective Time, upon the terms and subject to the conditions set forth of this Agreement and in this Agreement, at accordance with the Effective TimeNRS, Merger Sub shall be merged with and into the Company. As a result of the Merger, the Company shall continue as the surviving corporation (the “Surviving Corporation”) and the separate corporate existence of Merger Sub shall cease. The Company will continue as the surviving corporation in the Merger (the “Surviving Corporation”).