Common use of Date of the Merger Clause in Contracts

Date of the Merger. Unless this Agreement is terminated prior to the Effective Time in accordance with Article VI, the day on which the Merger is to take place (the "Merger Date") will be the business day after the latest of (i) the day on which the Merger is approved by the holders of a majority of the outstanding shares of U.S. Home Common Stock, (ii) the day on which the Merger is approved by the holders of a majority in voting power of the outstanding shares of Lennar Common Stock and Lennar's class B common stock voting as a single class, and (iii) the second business day after the day on which all the conditions set forth in Article V (other than conditions which are contemplated to be satisfied on or after the Merger Date) have been satisfied or waived. The Merger Date may be changed with the consent of the Company and Lennar.