Effective Time. The Merger shall become effective on such date and at such time as when the Certificate of Merger has been received for filing by the Secretary of State of the State of Delaware or at such later time and date as may be agreed by the parties hereto in writing and specified in the Certificate of Merger (the “Effective Time”).
Appears in 10 contracts
Sources: Merger Agreement (JetPay Corp), Agreement and Plan of Merger (NCR Corp), Merger Agreement (Monster Worldwide, Inc.)
Effective Time. The Merger shall become effective on such date and at such time as when set forth in the certificate of merger (the “Certificate of Merger has been received for filing by Merger”) that shall be filed with the Secretary of State of the State of Delaware or at such later on the Closing Date. The term “Effective Time” shall be the date and time and date when the Merger becomes effective as may be agreed by the parties hereto in writing and specified set forth in the Certificate of Merger (the “Effective Time”)Merger.
Appears in 8 contracts
Sources: Merger Agreement, Merger Agreement (Countrywide Financial Corp), Merger Agreement (Merrill Lynch & Co Inc)
Effective Time. The Merger shall become effective on such date and at such time as when set forth in the Certificate certificate of Merger has been received for filing by merger to be filed with the Secretary of State of the State of Delaware or at such later (the “Delaware Secretary”) on the Closing Date (the “Certificate of Merger”). The term “Effective Time” shall be the date and time and date when the Merger becomes effective, as may be agreed by the parties hereto in writing and specified set forth in the Certificate of Merger (the “Effective Time”)Merger.
Appears in 7 contracts
Sources: Merger Agreement (Webster Financial Corp), Merger Agreement (Webster Financial Corp), Merger Agreement (Sterling Bancorp)
Effective Time. The Merger shall become effective on such date and at such time as when the Certificate of Merger has been received for filing by duly filed with the Delaware Secretary of State of the State of Delaware or at such later time and date as may be agreed upon by the parties hereto in writing and specified in the Certificate of Merger in accordance with the DGCL (the “Effective Time”).
Appears in 7 contracts
Sources: Merger Agreement (SOC Telemed, Inc.), Merger Agreement (Qad Inc), Merger Agreement (Qad Inc)
Effective Time. The Merger shall become effective on such date and at such time as when upon the filing of a copy of this Agreement or a Certificate of Merger has been received for filing by relating hereto with the Secretary of State of the State of Delaware or at (the time of such later time and date filing being referred to herein as may be agreed by the parties hereto in writing and specified in the Certificate of Merger (the “Effective Time”).
Appears in 6 contracts
Sources: Agreement and Plan of Reorganization (U.S. NeuroSurgical Holdings, Inc.), Agreement and Plan of Reorganization (Cogent Communications Group Inc), Agreement and Plan of Reorganization (Cogent Communications Group Inc)
Effective Time. The Merger shall become effective on such the date and at such the time as when the Certificate of Merger has been received for filing by is filed with the Secretary of State of Delaware in accordance with provisions of the State of Delaware DGCL, or at such later other time and date as may be agreed by is permissible in accordance with the parties hereto in writing and specified in DGCL. The time at which the Certificate of Merger (shall become effective as aforesaid is referred to hereinafter as the “Effective Time.”).
Appears in 6 contracts
Sources: Acquisition Agreement, Acquisition Agreement (HF Enterprises Inc.), Acquisition Agreement (SeD Intelligent Home Inc.)
Effective Time. The Merger shall become effective on such date and at such time as when set forth in the certificate of merger (the "Certificate of Merger has been received for filing by Merger") which shall be filed with the Secretary of State of the State of Delaware or at such later (the "Secretary") on the Closing Date (as defined in Section 10.1 hereof). The term "Effective Time" shall be the date and time and date when the Merger becomes effective, as may be agreed by the parties hereto in writing and specified set forth in the Certificate of Merger (the “Effective Time”)Merger.
Appears in 5 contracts
Sources: Agreement and Plan of Merger (North Fork Bancorporation Inc), Merger Agreement (Dime Community Bancshares Inc), Merger Agreement (Reliance Bancorp Inc)
Effective Time. The Merger shall become effective on such the date and at such the time as when the Certificate of Merger has been received for filing by is filed with the Secretary of State of the State of Delaware or in accordance with Section 251 of the DGCL. The time at such later time and date which the Merger shall become effective as may be agreed by the parties hereto in writing and specified in the Certificate of Merger (aforesaid is referred to hereinafter as the “Effective Time.”).
Appears in 5 contracts
Sources: Merger Agreement (Powerverde, Inc.), Merger Agreement (Trunity Holdings, Inc.), Merger Agreement (Windy Creek Developments, Inc.)
Effective Time. The Merger shall become effective on such date and at such time as when set forth in the certificate of merger (the "Certificate of Merger has been received for filing by Merger") which shall be filed with the Secretary of State of the State of Delaware or at such later (the "Delaware Secretary") on the Closing Date (as defined in Section 9.1 hereof). The term "Effective Time" shall be the date and time and date when the Merger becomes effective, as may be agreed by the parties hereto in writing and specified set forth in the Certificate of Merger (the “Effective Time”)Merger.
Appears in 5 contracts
Sources: Merger Agreement (First Interstate Bancorp /De/), Merger Agreement (First Interstate Bancorp /De/), Merger Agreement (Great Western Financial Corp)
Effective Time. The Merger shall become effective on such the date and at such the time as when the Certificate of Merger has been received for filing by is filed with the Secretary of State of the State of Delaware or in accordance with Section 251 of the DGCL. The time at such later time and date which the Merger shall become effective as may be agreed by aforesaid is referred to hereinafter as the parties hereto in writing and specified in the Certificate of Merger (the “"Effective Time”)."
Appears in 5 contracts
Sources: Merger Agreement (BTHC VII Inc), Merger Agreement (Edgemont Resources Corp), Merger Agreement (Chubasco Resources Corp.)
Effective Time. The Merger shall become effective on such the date and at such the time as when the Certificate of Merger has been received for filing by is filed with the Secretary of State of the State of Delaware or in accordance with Section 251 of the DGCL. The time at such later time which the Merger shall become effective as aforesaid is referred to hereinafter as the "Effective Time," and date as may be agreed by the parties hereto in writing and specified in filing of the Certificate of Merger (as set forth in the “Effective Time”)first sentence of this Section 1.2 shall occur concurrently with the release of the proceeds from the initial tranche of the Private Placement to the Company.
Appears in 4 contracts
Sources: Merger Agreement (Lions Gate Investment LTD), Merger Agreement (Lions Gate Investment LTD), Merger Agreement (Lions Gate Investment LTD)
Effective Time. The Merger shall become effective on such date and at such time as when upon the filing of the Certificate of Merger has been received for filing by with the Secretary of State of the State of Delaware or in accordance with Section 251(c) of the DGCL. The time at such later time and date which the Merger shall become effective as may be agreed by the parties hereto in writing and specified in the Certificate of Merger (aforesaid is referred to hereinafter as the “Effective Time.”).
Appears in 4 contracts
Sources: Merger Agreement (Excel Corp), Merger Agreement (Be Active Holdings, Inc.), Merger Agreement (Stratex Oil & Gas Holdings, Inc.)
Effective Time. The Merger shall become effective on such date and at the time of filing of, or at such later time as when specified in, a certificate of merger, in the Certificate of Merger has been received for filing form required by and executed in accordance with the Delaware Act, with the Secretary of State of the State of Delaware or at such later time and date as may be agreed by in accordance with the parties hereto in writing and specified in provisions of the Delaware Act (the "Certificate of Merger"). The date and time when the Merger (shall become effective is herein referred to as the “"Effective Time”)."
Appears in 4 contracts
Sources: Merger Agreement (American Greetings Corp), Merger Agreement (Artistic Greetings Inc), Merger Agreement (Artistic Greetings Inc)
Effective Time. The Merger shall become effective on such date and at the time of filing of, or at such later time as when specified in, a certificate of merger, in the Certificate of Merger has been received for filing form required by and executed in accordance with the Delaware Act, with the Secretary of State of the State of Delaware or at such later time and date as may be agreed by in accordance with the parties hereto in writing and specified in Delaware Act (the "Certificate of Merger"). The date and time when the Merger (shall become effective is herein referred to as the “"Effective Time”)."
Appears in 4 contracts
Sources: Merger Agreement (Elan Corp PLC), Merger Agreement (Olsten Corp), Merger Agreement (Neurex Corp/De)
Effective Time. The Merger shall become effective on such the date and at such the time as when (the "Effective Time") that the Certificate of Merger has shall have been received accepted for filing by the Secretary of State of the State of Delaware (or at such later date and time and date as may be agreed by the parties hereto in writing and specified in the Certificate of Merger (by mutual agreement of Parent, Merger Sub and the “Effective Time”Company), which shall be on the Closing Date or as soon as practicable thereafter.
Appears in 4 contracts
Sources: Agreement and Plan of Restructuring and Merger (At&t Corp), Merger Agreement (Tele Communications Inc /Co/), Merger Agreement (At&t Corp)
Effective Time. The Merger shall become effective on such date and at such time as when upon the filing of the Certificate of Merger has been received for filing by with the Secretary of State of the State of Delaware or in accordance with Section 251 of the DGCL. The time at such later time and date which the Merger shall become effective as may be agreed by the parties hereto in writing and specified in the Certificate of Merger (aforesaid is referred to hereinafter as the “Effective Time.”).
Appears in 4 contracts
Sources: Merger Agreement (Active With Me Inc.), Merger Agreement (Customer Acquisition Network Holdings, Inc.), Merger Agreement (interCLICK, Inc.)
Effective Time. The Merger shall become effective on such date and at such time as when upon the filing of the Certificate of Merger, in substantially the form of the Certificate of Merger has been received for filing by attached hereto as Annex A, with the Secretary of State of the State of Delaware Delaware, or at such later time and date as may be agreed by the parties hereto in writing and specified in the such Certificate of Merger (such time being referred to herein as the “Effective Time”).
Appears in 4 contracts
Sources: Merger Agreement (Extraction Oil & Gas, Inc.), Merger Agreement (Parsley Energy, Inc.), Merger Agreement (Parsley Energy, Inc.)
Effective Time. The Merger Mergers shall become effective on such date and at such time as when set forth in the Certificate certificates of Merger has been received for filing by merger (the "Certificates of Merger") which shall be filed with the Secretary of State of the State of Delaware or at such later (the "Secretary") on the Closing Date (as defined in Section 9.1 hereof). The term "Effective Time" shall be the date and time and date when the Mergers become effective, as may be agreed by the parties hereto in writing and specified set forth in the Certificate Certificates of Merger (Merger. The term "Effective Date" shall be the “date on which the Effective Time”)Time occurs.
Appears in 3 contracts
Sources: Merger Agreement (First Nationwide Holdings Inc), Merger Agreement (First Nationwide Parent Holdings Inc), Agreement and Plan of Reorganization (Mafco Holdings Inc)
Effective Time. The Merger shall become effective on such date and at such time as when set forth in the certificate of merger relating to the Merger (the “Certificate of Merger has been received Merger”) that shall be filed with, and accepted for filing by record by, the Secretary of State of the State of Delaware or at such later (the “DE SOS”) on the Closing Date. The term “Effective Time” shall be the date and time and date when the Merger becomes effective as may be agreed by the parties hereto in writing and specified set forth in the Certificate of Merger (the “Effective Time”)Merger.
Appears in 3 contracts
Sources: Agreement and Plan of Merger (BlackRock TCP Capital Corp.), Agreement and Plan of Merger (BlackRock Capital Investment Corp), Merger Agreement (BlackRock Capital Investment Corp)
Effective Time. The Merger shall become effective on such date and at such time (the "Effective Time") as when the (a) a Certificate of Merger has been received for filing by is filed with the Secretary of State of the State of Delaware or at such later time and date as may be agreed by (b) the parties hereto in writing and specified in the Certificate Articles of Merger (is filed with the “Effective Time”)Department of State of the State of Florida. Such filings shall be made simultaneously with or as soon as practicable after the closing of the transactions contemplated by this Agreement.
Appears in 3 contracts
Sources: Merger Agreement (Theater Xtreme Entertainment Group, Inc), Agreement and Plan of Merger (Universal Capital Management, Inc.), Merger Agreement (Universal Capital Management, Inc.)
Effective Time. The Merger shall become effective on such the date and at such the time as when (the "EFFECTIVE TIME") that the Certificate of Merger has shall have been received accepted for filing by the Secretary of State of the State of Delaware (or at such later date and time and date as may be agreed by the parties hereto in writing and specified in the Certificate of Merger (Merger), which shall be on the “Effective Time”)Closing Date or as soon as practicable thereafter.
Appears in 3 contracts
Sources: Merger Agreement (Stinehart William Jr), Merger Agreement (Stinehart William Jr), Merger Agreement (Tribune Co)
Effective Time. The Merger shall become effective on such the date and at such the time as when (the "Effective Time") that the Certificate of Merger has shall have been received accepted for filing by the Secretary of State of the State of Delaware (or at such later date and time and date as may be agreed by the parties hereto in writing and specified in the Certificate of Merger (as Parent, Merger Sub and the “Effective Time”Company may agree), which shall be on the Closing Date or as soon as practicable thereafter.
Appears in 3 contracts
Sources: Merger Agreement (Bison Acquisition Corp), Merger Agreement (Entertainment Inc), Merger Agreement (United Pan Europe Communications Nv)
Effective Time. The Merger shall become effective on such date and at such time as when the Certificate of Merger has been received for filing by duly filed with the Office of the Secretary of State of the State of Delaware or at such later time and date as may be agreed by the parties hereto in writing and specified in the Certificate of Merger in accordance with the DGCL (the “Effective Time”).
Appears in 3 contracts
Sources: Merger Agreement (Gurnet Holding Co), Merger Agreement (Corium International, Inc.), Merger Agreement (Bioverativ Inc.)
Effective Time. The Merger shall become effective on such date and at such time as when the Certificate of Merger has been received for filing by duly filed with the Delaware Secretary of State of the State of Delaware or at such later time and date as may be agreed by the parties hereto in writing and specified in the Certificate of Merger in accordance with the DGCL (the “Effective Time”).
Appears in 3 contracts
Sources: Merger Agreement (Medicines Co /De), Merger Agreement (Goldfield Corp), Merger Agreement (Goldfield Corp)
Effective Time. The Merger shall become effective on such date and at such time as when upon the filing of (a) the Certificate of Merger has been received for filing by with the Secretary of State of the State of Delaware or in accordance with Section 251(c) of the DGCL. The time at such later time and date which the Merger shall become effective as may be agreed by the parties hereto in writing and specified in the Certificate of Merger (aforesaid is referred to hereinafter as the “Effective Time.”).
Appears in 3 contracts
Sources: Merger Agreement (BBN Global Consulting, Inc), Merger Agreement (Beacon Energy Holdings, Inc.), Merger Agreement (Beacon Energy Holdings, Inc.)
Effective Time. The Merger shall become effective on such the date and at such the time as when the Certificate of Merger has been received for filing by is filed with the Secretary of State of Delaware. The time at which the State of Delaware or at such later time and date Merger shall become effective as may be agreed by the parties hereto in writing and specified in the Certificate of Merger (aforesaid is referred to hereinafter as the “Effective Time.”).
Appears in 3 contracts
Sources: Agreement of Merger and Plan of Reorganization (CURAXIS PHARMACEUTICAL Corp), Merger Agreement (Auto Search Cars, Inc.), Merger Agreement (Auto Search Cars, Inc.)
Effective Time. The Merger shall become effective on such date and at such time as when set forth in the certificate of merger (the "Certificate of Merger has been received for filing by Merger") that shall be filed with the Secretary of State of the State of Delaware or at such later on the Closing Date. The term "Effective Time" shall be the date and time and date when the Merger becomes effective as may be agreed by the parties hereto in writing and specified set forth in the Certificate of Merger (the “Effective Time”)Merger.
Appears in 3 contracts
Sources: Merger Agreement, Merger Agreement, Merger Agreement (Bear Stearns Companies Inc)
Effective Time. The Merger shall become effective on such at the date and at such time as when the Certificate of Merger has been received for filing by of a certificate of merger with the Secretary of State of the State of Delaware or at such later time and date as may be agreed by in accordance with the parties hereto in writing and specified in provisions of the DGCL (the "Certificate of Merger"), which shall be so filed as provided in Section 8.2 of this Agreement. The date and time when the Merger (shall become effective is herein referred to as the “"Effective Time”)."
Appears in 3 contracts
Sources: Merger Agreement (Bonray Drilling Corp), Merger Agreement (Hefner Raymond H Jr), Merger Agreement (DLB Oil & Gas Inc)
Effective Time. The Merger shall will become effective on such date and at such time as when set forth in the certificate of merger (the “Certificate of Merger has been received for filing by Merger”) that will be filed with the Secretary of State of the State of Delaware or at such later on the Closing Date. The term “Effective Time” will be the date and time and date when the Merger becomes effective as may be agreed by the parties hereto in writing and specified set forth in the Certificate of Merger (the “Effective Time”)Merger.
Appears in 2 contracts
Sources: Merger Agreement (Exult Inc), Merger Agreement (Hewitt Associates Inc)
Effective Time. The Merger shall become effective on such date and at such time (the "Effective Time") as when the Certificate a certificate of Merger has been received merger, in form appropriate for filing by filing, is filed with the Secretary of State (or other appropriate authority) of the State of Delaware or at such later time and date as may be agreed by the parties hereto in writing and specified in the Certificate of Merger (the “Effective Time”"Merger Filing").. The Merger Filing shall be made simultaneously with or as soon as practicable after the execution and delivery of this
Appears in 2 contracts
Sources: Merger Agreement (Landcare Usa Inc), Merger Agreement (Landcare Usa Inc)
Effective Time. The Merger shall become effective on such the date and at such the time as when specified in the Certificate of Merger has been received for filing by (the "Certificate of Merger") in substantially the form attached as Exhibit D hereto, as filed with the Secretary of State of the State of Delaware or at such later (the date and time and date as may be agreed by the parties hereto in writing and so specified in the Certificate of Merger (is hereinafter referred to as the “"Effective Time”").
Appears in 2 contracts
Sources: Merger Agreement (BSB Bancorp Inc), Merger Agreement (NBT Bancorp Inc)
Effective Time. The Merger shall become effective on such date and at such time as when the Certificate of Merger has been received for filing by is duly filed with the Delaware Secretary of State of the State of Delaware State, or at such later subsequent date or time as PCBC, PCBNA, Newco and date as may be agreed by the parties hereto in writing PCCI shall agree and specified specify in the Certificate of Merger (such time being referred to herein as the “Effective Time”).
Appears in 2 contracts
Sources: Agreement and Plan of Reorganization (Pacific Capital Bancorp /Ca/), Agreement and Plan of Reorganization (Pacific Crest Capital Inc)
Effective Time. The Subject to the terms and upon satisfaction on or before the Closing Date of all conditions specified in this Agreement, the Merger shall become be effective on such date and at such the time as when specified in the Certificate certificate of Merger has been received for filing merger to be issued by the Secretary of State of the State of Delaware or at (such later time and date as may be agreed by the parties hereto in writing and specified in the Certificate of Merger (the herein called “Effective Time”).
Appears in 2 contracts
Sources: Merger Agreement (Abigail Adams National Bancorp Inc), Merger Agreement (Premier Financial Bancorp Inc)
Effective Time. The Merger shall become effective on such date and at such time as when set -------------- forth in the certificate of merger (the "Certificate of Merger has been received for filing by Merger") which shall be filed with the Secretary of State of the State of Delaware or at such later on the Closing Date. The term "Effective Time" shall be the date and time and date when the Merger becomes effective, as may be agreed by the parties hereto in writing and specified set forth in the Certificate of Merger (the “Effective Time”)Merger.
Appears in 2 contracts
Sources: Merger Agreement (Healthcare Financial Partners Inc), Merger Agreement (Heller Financial Inc)
Effective Time. The Merger shall become effective on such date and at such time as when set forth in the certificate of merger (the "Certificate of Merger has been received for filing by Merger") which shall be filed with the Secretary of State of the State of Delaware or at such later on the Closing Date (as hereinafter defined). The term "Effective Time" shall mean the time and date when the Merger becomes effective, as may be agreed by the parties hereto in writing and specified set forth in the Certificate of Merger (the “Effective Time”)Merger.
Appears in 2 contracts
Sources: Merger Agreement (Staten Island Bancorp Inc), Merger Agreement (Independence Community Bank Corp)
Effective Time. The Merger shall become effective on such date and at such time as when set forth in the certificate of merger (the “Certificate of Merger has been received for filing by Merger”) which shall be filed with the Delaware Secretary of State of on the State of Delaware or at such later Closing Date (as defined in Section 9.1 hereof). The term “Effective Time” shall be the date and time and date when the Merger becomes effective, as may be agreed by the parties hereto in writing and specified set forth in the Certificate of Merger (the “Effective Time”)Merger.
Appears in 2 contracts
Sources: Merger Agreement (Camco Financial Corp), Merger Agreement (First Place Financial Corp /De/)
Effective Time. The Merger merger (the "Merger") shall become effective on such date and at such the time as when of the filing of the Certificate of Merger has been received for filing by with the Secretary of State of the State of Delaware (or at such later time and date specified as may be agreed by the parties hereto in writing and specified effective time in the Certificate of Merger), which Certificate of Merger shall be so filed at the time of the Closing (as defined in Section 1.3). The date and time when the “Merger becomes effective are herein referred to as the "Effective Time”)".
Appears in 2 contracts
Sources: Merger Agreement (Apollo Real Estate Investment Fund Ii L P), Merger Agreement (Central Parking Corp)
Effective Time. The Merger shall become effective on such date and at such time as when upon the filing of a Certificate of Merger, in substantially the form of the Certificate of Merger has been received for filing by attached hereto as Annex A, with the Secretary of State of the State of Delaware Delaware, or at such later time and date as may be agreed by the parties hereto in writing and specified in the such Certificate of Merger (such time being referred to herein as the “Effective Time”).
Appears in 2 contracts
Sources: Credit Agreement (Oasis Petroleum Inc.), Merger Agreement (Oasis Petroleum Inc.)
Effective Time. The Merger shall become be effective on such date and the Closing Date at such time as when the Certificate of Merger has been received for filing by is duly filed with the Secretary of State of the State of Delaware or at such later date or time and date as may be agreed by the parties hereto Company and the Buyer in writing and specified in the Certificate of Merger in accordance with the DGCL (the “Effective Time”).
Appears in 2 contracts
Sources: Merger Agreement (PTC Inc.), Merger Agreement
Effective Time. The Merger shall become effective on such the date and at such the time as when specified in the certificate of merger (the “Certificate of Merger has been received for filing by Merger”) as filed with the Secretary of State of the State of Delaware or at such later Delaware. The term “Effective Time” shall be the date and time and date when the Merger becomes effective as may be agreed by the parties hereto in writing and specified set forth in the Certificate of Merger (the “Effective Time”)Merger.
Appears in 2 contracts
Sources: Merger Agreement (Newmil Bancorp Inc), Merger Agreement (Webster Financial Corp)
Effective Time. The Merger shall become effective on such date and at such time as when the Certificate of Merger has been received for filing by filed with the Secretary of State of the State of Delaware Delaware, or at such later date and time and date as may be agreed by the parties hereto in writing and specified in the Certificate of Merger (the “Effective Time”).
Appears in 2 contracts
Sources: Merger Agreement (Astea International Inc), Merger Agreement (General Mills Inc)
Effective Time. The Merger shall become effective on such date and at the time of filing of, or at such later time as when specified in, an agreement of merger, in the Certificate of Merger has been received for filing form required by and executed in accordance with the DGCL, and with the Secretary of State of the State of Delaware or at such later time and date as may be agreed by in accordance with the parties hereto in writing and specified in provisions of Section 252 of the DGCL (the "Certificate of Merger"). The date and time when the Merger (shall become effective is herein referred to as the “"Effective Time”)."
Appears in 2 contracts
Sources: Merger Agreement (Bristol Retail Solutions Inc), Merger Agreement (Registry Magic Inc)
Effective Time. The Merger shall become effective on such date and at such time as when the Certificate certificate of Merger has been received for filing by merger, in the form attached hereto as Exhibit A, is duly filed with the Secretary of State of the State of Delaware or at such later other time and date as may be agreed by the parties hereto in writing and specified in the Certificate certificate of Merger merger (the “Effective Time”). The Constituent Companies agree that they will cause to be executed and filed or recorded any document or documents prescribed by the laws of the State of Delaware, and that they will cause to be performed all necessary acts within the State of Delaware and elsewhere to effectuate the Merger.
Appears in 2 contracts
Sources: Merger Agreement (Latham Group, Inc.), Merger Agreement (Latham Group, Inc.)
Effective Time. The Merger shall become effective on such date and at such time as when set forth in the certificate of merger with respect to the Merger (the “Certificate of Merger has been received Merger”) that shall be filed with, and accepted for filing by record by, the Secretary of State of the State of Delaware or at such later (the “DE SOS”) on the Closing Date. The term “Effective Time” shall be the date and time and date when the Merger becomes effective as may be agreed by the parties hereto in writing and specified set forth in the Certificate of Merger (the “Effective Time”)Merger.
Appears in 2 contracts
Sources: Merger Agreement (Goldman Sachs Private Credit Corp.), Merger Agreement (Goldman Sachs Middle Market Lending Corp. II)
Effective Time. The Merger shall become effective on such date and at such time as when set forth in the certificate of merger (the "Certificate of Merger has been received for filing by Merger") which shall be filed with the Secretary of State of the State of Delaware or at such later (the "Delaware Secretary") on the Closing Date. The term "Effective Time" shall be the date and time and date when the Merger becomes effective, as may be agreed by the parties hereto in writing and specified set forth in the Certificate of Merger (the “Effective Time”)Merger.
Appears in 2 contracts
Sources: Merger Agreement (Norwest Corp), Merger Agreement (Wells Fargo & Co)
Effective Time. The Merger shall become effective on such date and at such time as when the Certificate of Merger has been received for filing by the Secretary of State of the State of Delaware or at such later time and date as may be agreed by the parties hereto Parties in writing and specified in the Certificate of Merger (the “Effective Time”).
Appears in 2 contracts
Sources: Agreement and Plan of Merger (Sibanye Gold LTD), Agreement and Plan of Merger (Stillwater Mining Co /De/)
Effective Time. The Merger shall become be effective on such date and at such time as when the Certificate of Merger has been received for filing by ▇▇▇▇▇▇ is duly filed with the Secretary of State of the State of Delaware or at such later time and date as may be agreed by the parties hereto in writing and is specified in the Certificate of Merger (the “Effective Time”).
Appears in 2 contracts
Sources: Agreement and Plan of Merger (PTC Inc.), Exhibit Agreement (PTC Inc.)
Effective Time. The Merger shall become effective on such date and at such time as when the Certificate of Merger has been received (the "Certificate of Merger"), executed in accordance with the relevant provisions of the DLLCA, is accepted for filing record by the Secretary of State of the State of Delaware or Delaware. When used in this Agreement, the term "Effective Time" means the later of the date and time at such later time and date as may be agreed by the parties hereto in writing and specified in which the Certificate of Merger (is accepted for record or the “Effective Time”)date and time established by the Certificate of Merger.
Appears in 2 contracts
Sources: Merger Agreement (Omniture, Inc.), Merger Agreement (Websidestory Inc)
Effective Time. The Merger shall become effective on such date and at such time as when the Certificate of Merger has been received for filing by the Secretary of State of the State of Delaware or at such later time and date as may be agreed by the parties hereto in writing and specified in the Certificate of Merger (the “Effective Time”)) as the Certificate of Merger is duly filed with the Delaware Secretary of State or at such later time as Parent and the Company shall agree and specify in the Certificate of Merger.
Appears in 2 contracts
Sources: Merger Agreement (Audiocodes LTD), Merger Agreement (Audiocodes LTD)
Effective Time. The Merger shall become be effective on at such date and at such time as when the Certificate of Merger has been received for filing by and the Articles of Merger are duly filed with the Secretary of State of the State of Delaware and the State Corporation Commission of Virginia, respectively, or at such later date and time and date as may be agreed by the parties hereto in writing and is specified in the Certificate of Merger (and the Articles of Merger. The date and time at which the Merger becomes effective is referred to herein as the “Effective Time”).
Appears in 2 contracts
Sources: Merger Agreement (Collegium Pharmaceutical, Inc), Merger Agreement (Collegium Pharmaceutical Inc)
Effective Time. The Merger shall become effective on such date and at such time as when the Certificate of Merger ▇▇▇▇▇▇ has been received for filing duly filed with and accepted by the Delaware Secretary of State of the State of Delaware or at such later time and date as may be agreed by the parties hereto Parties in writing and specified in the Certificate of Merger in accordance with the DGCL (the “Effective Time”).
Appears in 2 contracts
Sources: Merger Agreement (Darden Restaurants Inc), Merger Agreement (Paya Holdings Inc.)
Effective Time. The Merger shall become effective on such the date and at such the time specified in the articles of merger (the “Articles of Merger”) as when the Certificate of Merger has been received for filing by filed with the Secretary of State of the State of Delaware or at such later time Nevada and date as may be agreed by the parties hereto in writing and specified in the Certificate of Merger (the “Certificate of Merger”) as filed with the Secretary of State of the State of Delaware, as applicable. The term “Effective Time”)” shall be the date and time when the Merger becomes effective as set forth in the Articles of Merger and the Certificate of Merger.
Appears in 2 contracts
Sources: Merger Agreement (Western Liberty Bancorp), Merger Agreement (Western Alliance Bancorporation)
Effective Time. The Merger shall become effective on such date and at such time as when set forth in the certificate of merger (the “First Certificate of Merger has been received for filing by Merger”) that shall be filed with the Secretary of State of the State of Delaware or at such later time and date as may be agreed by the parties hereto in writing and specified in the Certificate of Merger (the “DE SOS”) on the Closing Date. The term “Effective Time”)” shall be the date and time when the Merger becomes effective as set forth in the First Certificate of Merger.
Appears in 1 contract
Effective Time. The Merger shall become be effective on such date and at such time as when the Certificate of Merger has been received for filing by M▇▇▇▇▇ is duly filed with the Secretary of State of the State of Delaware or at such later time and date as may be agreed by the parties hereto in writing and is specified in the Certificate of Merger (the “Effective Time”).
Appears in 1 contract
Sources: Merger Agreement (PTC Inc.)
Effective Time. The Merger shall become effective on such date and at such time as when upon the Certificate later of: (a) the filing of Merger has been received for filing by the appropriate certificate of merger with the Secretary of State of the State of Delaware (the “Delaware Secretary of State”), or at (b) such later time and date thereafter as may be is agreed by the parties hereto to in writing by Rurban, Merger Corp. and specified NBM and so provided in the Certificate certificate of merger filed as set forth above. The date and time at which the Merger (shall become effective is referred to in this Agreement as the “Effective Time.”).
Appears in 1 contract
Effective Time. The Merger shall become effective on such date and at such time as when set forth in the certificate of merger (the “Certificate of Merger has been received for filing by Merger”) which shall be filed with the Secretary of State of the State of Delaware (the “Delaware Secretary”) as soon as practicable on the Closing Date (as hereinafter defined). As used herein, the term “Effective Time” shall mean the date and time when the Merger becomes effective, which shall be upon the filing of the Certificate of Merger or at such later time and date as may be is agreed to by the parties hereto in writing and specified in the Certificate of Merger (the “Effective Time”).Merger
Appears in 1 contract
Sources: Merger Agreement (Ivillage Inc)
Effective Time. (a) The Merger shall become effective on such date and at such time as when the Certificate of Merger has been received for filing by the Secretary of State of the State of Delaware or at such later time and date as may be agreed by the parties hereto in writing and specified in the Certificate of Merger (the “Effective Time”).
Appears in 1 contract
Sources: Merger Agreement (Fitbit, Inc.)
Effective Time. The Merger effective time and date of the Merger, herein referred to as the "Effective Time," shall become effective on such date and be the time at such time as when the which an appropriate Certificate of Merger has been received for filing by relating to the Merger is filed in the office of the Secretary of State of the State of Delaware in accordance with the provisions of Section 263 of the DGCL and Section 17-211 of the DRULPA, or at such later time as is agreed to by Henley and date as may be agreed by the parties hereto HenleyCo and stated in writing and specified in the such Certificate of Merger (▇▇▇▇▇antially in the “Effective Time”form attached hereto as Exhibit A).
Appears in 1 contract
Effective Time. The Merger shall become effective on such date and at such time as when the Certificate of Merger has been received for filing by the Secretary of State of the State of Delaware or at such later time and date as may be agreed by the parties hereto in writing and specified set forth in the Certificate of Merger (and the “Effective Time”)Articles of Merger, which shall be filed with the Secretaries of State of Indiana and Delaware, respectively, on the Closing Date.
Appears in 1 contract
Sources: Merger Agreement (Harrodsburg First Financial Bancorp Inc)
Effective Time. The Merger shall will become effective on such date and at such the time as when of filing of a certificate of merger (the "Certificate of Merger has been received for filing by Merger") with the office of the Secretary of State of the State of Delaware in accordance with the DGCL or at such later time and date as may be is agreed to by the parties hereto in writing and specified in set forth therein (the "Effective Time"). The Certificate of Merger (will be executed by the “Effective Time”)parties on the Closing Date and will be filed as soon as practicable thereafter along with such other filings or recordings as may be required by the DGCL or otherwise.
Appears in 1 contract
Sources: Merger Agreement (Transgenomic Inc)
Effective Time. The Merger shall become effective on such date and at such time (the "Effective Time") as when certificates of merger, in a form appropriate for filing, are filed with the Certificate of Merger has been received for filing by the Secretary Secretaries of State (or other appropriate authorities) of the State of Delaware or at such later time and date as may be agreed by the parties hereto in writing and specified in the Certificate State of Merger Incorporation (the “Effective Time”"Merger Filings"). The Merger Filings shall be made simultaneously with or as soon as practicable after the Closing (as defined below).
Appears in 1 contract
Effective Time. The Merger shall become effective on such as of the time and date and at such time as when of the filing of the Certificate of Merger has been received for filing by with the Secretary of State of the State of Delaware in accordance with the provisions of the DGCL, or at such later the time and date as may be agreed by the parties hereto in writing and specified in the Certificate of Merger, if later than the time of filing. The date and time when the Merger (shall become effective is herein referred to as the “"Effective Time”)." Notwithstanding the foregoing, for accounting purposes the Merger shall be deemed to have occurred at the close of business on the date of the Effective Time.
Appears in 1 contract
Sources: Merger Agreement (American City Business Journals Inc)
Effective Time. The Merger shall become be effective on such date and at such time as when a certificate of merger is duly filed with the Certificate Office of Merger has been received for filing by the Secretary of State of the State of Delaware or or, if the Certificate of Merger specifies a later effective time, at such later time and date as may be agreed by the parties hereto in writing and specified in the Certificate certificate of Merger merger (the “"Effective Time”").
Appears in 1 contract
Effective Time. The Merger shall become effective on such date and at such the time as when of the filing of the Certificate of Merger has been received for filing by with the Secretary of State of the State of Delaware (or at such later time and date as may shall be agreed upon by the parties hereto Company and Buyer and as shall be set forth in writing and specified such certificate) in accordance with the DLLCA, which Certificate of Merger (shall be so filed at the time of the Closing. The date and time when the Merger becomes effective are herein referred to as the “Effective Time.”).
Appears in 1 contract
Effective Time. The Merger shall become effective on such date and at such time as when (a) upon the Certificate of Merger has having been received accepted for filing by the Secretary of State of the State of Delaware or (b) at such later time and date as may be agreed by the parties hereto in writing and specified is set forth in the Certificate of Merger (the “Effective Time”).
Appears in 1 contract
Effective Time. The Merger shall become effective on such date and at such time as when upon the filing of a Certificate of Merger has been received for filing by relating hereto with the Secretary of State of the State of Delaware or at such later time and date as may be agreed by the parties hereto set forth in writing and specified in the such Certificate of Merger (such time referred to herein as the “"Effective Time”").
Appears in 1 contract
Sources: Merger Agreement (Orbitz Inc)
Effective Time. The Merger shall become effective on such date and at such time the Closing Date (as when defined in Article 2), upon the Certificate filing of Merger has been received for filing by a certificate of merger (the "CERTIFICATE OF MERGER") with the Secretary of State of the State of Delaware (or at such later time and date as may be agreed by the parties hereto in writing and specified in the Certificate of Merger (the “Effective Time”Merger).. The term "
Appears in 1 contract
Sources: Merger Agreement (S1 Corp /De/)
Effective Time. The Merger shall become effective on such date and at such the time as when of the filing of the Certificate of Merger has been received for filing by with the Secretary of State of the State of Delaware (or at such later time and date as may shall be agreed upon by the parties hereto Company and Buyer Parent and as shall be set forth in writing and specified such certificate) in accordance with the DGCL, which Certificate of Merger (shall be so filed at the “time of the Closing. The date and time when the Merger becomes effective are herein referred to as the "Effective Time”)."
Appears in 1 contract
Sources: Merger Agreement (Aearo Corp)
Effective Time. The This Merger Agreement shall become effective on such date and the later of (a) the time at such time as when the which an executed counterpart of a Certificate of Merger has been received for filing by is filed with the Secretary of State of the State of Delaware or at such later time and date as may be agreed in the manner required by the parties hereto in writing General Corporation Law of the State of Delaware and specified (b) the time at which an executed counterpart of Articles of Merger containing this Merger Agreement are filed with the Secretary of State of Washington in the Certificate manner required by the Business Corporation Act of Merger the State of Washington (the “"Effective Time”").
Appears in 1 contract
Sources: Merger Agreement (Quanex Corp)
Effective Time. The Merger shall become effective on such date and at such time as when upon the filing of a certificate of merger (the "Certificate of Merger has been received for filing by Merger") with the Secretary of State of the State of Delaware or at such later time and date as may be agreed by the parties hereto in writing and is specified in the Certificate of Merger (such time of effectiveness is referred to herein as the “"Effective Time”").
Appears in 1 contract
Sources: Agreement and Plan of Reorganization (L-1 Identity Solutions, Inc.)
Effective Time. The Merger shall become effective on such date and at such time as when the Certificate of Merger has been received for filing by Merger, in substantially the form attached hereto as Exhibit B (the “Certificate of Merger”), executed in accordance with the relevant provisions of Delaware Law, is filed with the Secretary of State of the State of Delaware or at such later other subsequent date and time as Parent and date as the Company may be agreed by the parties hereto in writing agree and specified specify in the Certificate of Merger in accordance with Delaware Law (the “Effective Time”).
Appears in 1 contract
Sources: Agreement and Plan of Merger (Advanced Energy Industries Inc)
Effective Time. The Merger shall become effective on such date and at such time as when the Certificate of Merger has been received shall be accepted for filing by the Secretary of State of the State of Delaware or at such later time (the "Effective Time"). The parties shall execute, acknowledge and date as may be agreed by file, in accordance with Sections 103 and 251 of the parties hereto in writing and specified in GCL, the Certificate of Merger (upon the “Effective Time”)satisfaction of all conditions precedent to the consummation of the transactions contemplated by this Agreement.
Appears in 1 contract
Effective Time. The Merger shall become effective on such at the time and date that the certificate of merger of each of American Building Company and at such time as when the Company (the “Certificate of Merger has been received Merger”), in form and substance acceptable to the Parties, is accepted for filing by the Secretary of State of the State of Delaware or at such later time and date as may be agreed by in accordance with the parties hereto in writing and specified in the provisions related thereto. The Certificate of Merger (shall be executed by American Building Company and the Company and delivered to the Secretary of State of the State of Delaware for filing on the Closing Date. The date and time when the Merger becomes effective are referred to herein as the “Effective Time.”).
Appears in 1 contract
Effective Time. The Merger shall will become effective on such date and at such time as when set forth in the certificate of merger (the "Certificate of Merger has been received for filing by Merger") that will be filed with the Secretary of State of the State of Delaware or at such later on the Closing Date. The term "Effective Time" will be the date and time and date when the Merger becomes effective as may be agreed by the parties hereto in writing and specified set forth in the Certificate of Merger (the “Effective Time”)Merger.
Appears in 1 contract
Effective Time. The Merger effective time and date of the Merger, herein referred to as the "Effective Time," shall become effective on such date and be the time at such time as when the which an appropriate Certificate of Merger has been received for filing by relating to the Merger is filed in the office of the Secretary of State of the State of Delaware in accordance with the provisions of Section 263 of the DGCL and Section 17-211 of the DRUPLA, or at such later time as is agreed to by Henley and date as may be agreed by the parties hereto HenleyCo and stated in writing and specified in the such Certificate of Merger (s▇▇▇▇▇▇tially in the “Effective Time”form attached hereto as Exhibit A).
Appears in 1 contract
Effective Time. The Merger shall become effective on such at the time and date and at such time as when of the Certificate filing of Merger has been received for filing by a certificate of merger with the Secretary Department of State of the State of Delaware Delaware, or at such later time and date as provided for in such certificate of merger as may be agreed permitted by the parties hereto GCL and the LLC Act (such time and date is referred to in writing and specified in this Plan as the Certificate of Merger (the “"Effective Time”").
Appears in 1 contract
Sources: Plan of Merger (Cenuco Inc)
Effective Time. The Merger shall become effective on such date and at such time as and when the Certificate of Merger has been received for filing by duly filed with the Delaware Secretary of State of the State of Delaware or at such later time and date as may be agreed by the parties hereto in writing and specified in the Certificate of Merger in accordance with the DGCL (such date and time, the “Effective Time”).
Appears in 1 contract
Effective Time. The Merger shall become effective on such date and at such time as when upon the Certificate of Merger has been received for filing by the Company of a certificate of merger with the Secretary of State of the State of Delaware Delaware, or at such later future time and or date as may be agreed by the parties hereto in writing and is specified in such certificate of merger, in accordance with Section 18-209 of the Certificate of Merger Act (the “"Effective Time”").
Appears in 1 contract
Effective Time. The Merger shall become effective at the hour and on such the date and at such time as when specified in the duly executed Certificate of Merger has been received for filing by delivered to and filed with the Secretary of State of the State of Delaware or at such later time as provided in Sections 251 and date as may be agreed by 103 of the parties hereto in writing and specified in the Certificate of Merger DGCL (the “"Effective Time”"); such filing shall be made as soon as practicable after the execution of this Agreement.
Appears in 1 contract
Effective Time. The Merger shall become effective on such date and at such time (the "Effective Time") as when certificates of merger, in a form appropriate for filing, are filed with the Certificate of Merger has been received for filing by the Secretary Secretaries of State (or other appropriate authorities) of the State of Incorporation and the State of Delaware or at such later time and date as may be agreed by the parties hereto in writing and specified in the Certificate of Merger (the “Effective Time”"Merger Filings"). The Merger Filings shall be made simultaneously with or as soon as practicable after the Closing (as defined below).
Appears in 1 contract
Effective Time. (a) The Merger shall become effective on such date and at such time as when the Certificate of Merger ▇▇▇▇▇▇ has been received for filing by the Secretary of State of the State of Delaware or at such later time and date as may be agreed by the parties hereto in writing and specified in the Certificate of Merger (the “Effective Time”).
Appears in 1 contract
Sources: Merger Agreement
Effective Time. The Merger shall become effective on such date and at such the time as when of the filing of the Certificate of Merger has been received for filing by with the Secretary of State of the State of Delaware (or at such later time and date as may shall be agreed upon by the parties hereto Holders and Parent and as shall be set forth in writing and specified such certificate) in accordance with the Act, which Certificate of Merger (shall be so filed at the time of the Closing. The date and time when the Merger becomes effective are herein referred to as the “Effective Time.”).
Appears in 1 contract
Effective Time. The Merger shall become effective on such at the date and at time when a properly executed certificate of merger or certificate of ownership and merger (either such time document being referred to hereinafter as when the "Certificate of Merger has been received for filing Merger"), together with any other documents required by law to effectuate the Merger, shall be filed with the Secretary of State of the State of Delaware or at such later in accordance with the DGCL. The date and time and date when the Merger shall become effective is referred to herein as may be agreed by the parties hereto in writing and specified in the Certificate of Merger (the “"Effective Time”)."
Appears in 1 contract
Sources: Merger Agreement (NCH Corp)
Effective Time. The Merger shall become effective as of the time (the "Effective Time") and on such date and at such time (the "Effective Date") as when the Certificate of Merger has been received for filing by is filed with the Secretary of State of the State of Delaware or at such later time Delaware. Under this Agreement, shares of the Company issued and date as may outstanding immediately prior to the Effective Time will be agreed by converted into the parties hereto right to receive cash, in writing and specified in the Certificate of Merger (the “Effective Time”)accordance with Section 1.4.
Appears in 1 contract
Sources: Agreement and Plan of Reorganization (Transition Systems Inc)
Effective Time. The Merger shall become effective on such at the time and date and at such time as when that the certificate of merger (the “Certificate of Merger has been received Merger”), in form and substance acceptable to the Parties and executed in accordance with the relevant provisions of the GCL, is accepted for filing by the Secretary of State of the State of Delaware or at such later in accordance with the provisions of the GCL. The date and time and date when the Merger becomes effective are referred to herein as may be agreed by the parties hereto in writing and specified in the Certificate of Merger (the “Effective Time.”).
Appears in 1 contract
Effective Time. The Merger shall become effective on such date and at such time as when upon the filing of a copy of this Agreement or a Certificate of Merger has been received for filing by relating hereto with the Secretary of State of the State of Delaware or at such later time and date as may be is agreed upon by the parties hereto and set forth in writing and specified in the a Certificate of Merger filed with the Secretary of State of the State of Delaware (such time as the Merger becomes effective is referred to herein as the “Effective Time”).
Appears in 1 contract
Effective Time. The Merger shall become effective on such date at the time of filing (the “Effective Time”) of a properly executed certificate of merger, in accordance with the CLLCA and at such time the LLC Act, as when the Certificate of Merger has been received for filing by applicable, duly filed with the Secretary of State of the State of Delaware or at such later time and date as may be agreed by the parties hereto in writing and specified in Secretary of State of the Certificate State of Merger Colorado (the “Effective TimeCertificate of Merger”), which filing shall be made on the Closing Date.
Appears in 1 contract
Effective Time. The Merger shall become effective (a) on such the date and at such the time as when the Certificate of Merger has been received for filing by is filed with the Secretary of State of the State of Delaware or (b) at such later date and time and date as may be agreed by the parties hereto in writing and specified in the Certificate of Merger (the time of such effectiveness is herein called the “Effective Time”).
Appears in 1 contract
Sources: Merger Agreement (Ezcorp Inc)
Effective Time. The Merger shall become effective on such the date and at such the time as when set forth in the certificate of merger (the "Certificate of Merger has been received for filing by Merger"), substantially in the Secretary form attached as Exhibit C hereto, which shall be filed with the Secretaries of State of the State States of Connecticut and Delaware on or at such later time and date as may be agreed by the parties hereto in writing and specified in the Certificate of Merger (the “Effective Time”).before
Appears in 1 contract
Effective Time. The Merger shall become effective on such date and at such time the Closing Date (as when defined in Article 2), upon the filing of a certificate of merger (the “Certificate of Merger has been received for filing by Merger”) with the Secretary of State of the State of Delaware (or at such later time and date as may be agreed by the parties hereto in writing and specified in the Certificate of Merger (the Merger). The term “Effective Time”).
Appears in 1 contract
Sources: Merger Agreement (Intervoice Inc)
Effective Time. The Merger shall become effective on such date and at such time as when set forth in the certificate of merger (the "Certificate of Merger has been received for filing by Merger") that shall be filed with the Secretary of State of the State of Delaware or at such later (the "Delaware Secretary") on the Closing Date. The term "Effective Time" shall mean the date and time and date when the Merger becomes effective, as may be agreed by the parties hereto in writing and specified set forth in the Certificate of Merger (the “Effective Time”)Merger.
Appears in 1 contract
Sources: Agreement and Plan of Reorganization (Conexant Systems Inc)
Effective Time. The Merger shall become effective on such date and at the time of filing of, or at such later time as when specified in, a certificate of merger, in the Certificate of Merger has been received for filing form required by and executed in accordance with the DGCL and with the Secretary of State of the State of Delaware or at such later time and date as may be agreed by in accordance with the parties hereto in writing and specified in provisions of Section 251 of the DGCL (the “Certificate of Merger”). The date and time when the Merger (shall become effective is herein referred to as the “Effective Time.”).
Appears in 1 contract
Effective Time. The Merger shall become effective on such date and at such time (the "Effective Time") as when certificates of merger, in form appropriate for filing, are filed with the Certificate of Merger has been received for filing by the Secretary Secretaries of State (or other appropriate authorities) of the State of Delaware or at such later time and date as may be agreed by the parties hereto in writing and specified in the Certificate State of Merger Incorporation (the “Effective Time”"Merger Filings"). The Merger Filings shall be made simultaneously with or as soon as practicable after the closing of the transactions contemplated by this Agreement.
Appears in 1 contract
Sources: Merger Agreement (Metals Usa Inc)
Effective Time. The Merger shall become effective on such date and at such the time as when of the filing of the Certificate of Merger has been received for filing by with the Secretary of State of the State of Delaware (or at such later time and date as may shall be agreed by the parties hereto Shareholder and Sync and as shall be set forth in writing and specified such certificate) in accordance with the Certificate of Merger DGCL (the “date and time the Merger becomes effective being the "Effective Time”").
Appears in 1 contract
Effective Time. The Merger shall become effective on such date and at such the time as when of the filing of the Certificate of Merger has been received for filing by with the Secretary of State of the State of Delaware (or at such later time and date as may shall be agreed by ESAN, Acquisitions and DBWI and as shall be set forth in such certificate) in accordance with the parties hereto in writing and specified in the Certificate of Merger DGCL (the “date and time the Merger becomes effective being the "Effective Time”)") with best efforts making the Effective Time the open of business of a new calendar month.
Appears in 1 contract
Sources: Agreement and Plan of Merger (Entrada Networks Inc)
Effective Time. The Merger shall become effective on such date and at such time as when at which the Certificate certificate of Merger has been received for filing by merger is filed with the Secretary of State of the State of Delaware (the “Certificate of Merger”) or at such later subsequent time as FCEOC and date BBG shall agree and as may shall be agreed by the parties hereto in writing and specified in the Certificate of Merger (the “Effective Time”).
Appears in 1 contract
Sources: Merger Agreement (Bill Barrett Corp)
Effective Time. The Merger shall become effective on such date and at such time (the "Effective Time") as when a certificate of merger in the form set forth as Exhibit B hereto (the "Certificate of Merger has been received for filing by Merger") is filed with the Delaware Secretary of State State. Such filing shall be made simultaneously with or as soon as practicable after the closing of the State of Delaware or at such later time and date as may be agreed transactions contemplated by the parties hereto this Agreement in writing and specified in the Certificate of Merger (the “Effective Time”)accordance with Section 2.10.
Appears in 1 contract
Effective Time. The Merger shall become effective on such date and at such time as when set forth -------------- in the certificate of merger (the "Certificate of Merger has been received for filing by Merger") which shall be filed with the Secretary of State of the State of Delaware or at such later (the "Secretary") on the Closing Date (as defined in Section 9.1 hereof). The term "Effective Time" shall be the date and time and date when the Merger becomes effective, as may be agreed by the parties hereto in writing and specified set forth in the Certificate of Merger (the “Effective Time”)Merger.
Appears in 1 contract
Effective Time. The Merger shall become effective on such date and at such time as when (a) upon filing of the Certificate of Merger has been received for filing by with the Secretary of State of the State of Delaware on the Closing Date or (b) at such later other time and date as may be agreed by the parties hereto in writing and specified is set forth in the Certificate of Merger (the “Effective Time”).
Appears in 1 contract
Sources: Merger Agreement (AVX Corp)
Effective Time. The Merger shall become effective on such date at the time of filing (the “Effective Time”) of a properly executed certificate of merger, in accordance with the DRULPA and at such time the LLC Act, as when the Certificate of Merger has been received for filing by applicable, duly filed with the Secretary of State of the State of Delaware or at such later time and date as may be agreed by the parties hereto in writing and specified in the Certificate of Merger (the “Effective TimeCertificate of Merger”), which filing shall be made on the Closing Date.
Appears in 1 contract