First Effective Time. At the Closing, the First Certificate of Merger shall be filed with the Secretary of State of the State of Delaware. The First Merger shall become effective at the time of the filing of the First Certificate of Merger with the Office of the Secretary of State of the State of Delaware or such later time as may be mutually agreed by Parent and the Company and set forth in such First Certificate of Merger (the “First Effective Time”).
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Sources: Merger Agreement (Network Equipment Technologies Inc)
First Effective Time. At the Closing, the First Certificate of Merger Company shall be filed file with the Secretary of State of the State of DelawareDelaware a certificate of merger for the First Merger (the “First Certificate of Merger”), duly executed in accordance with, and in such form as required by, the DGCL. The First Merger shall become effective at the time of the filing of Company duly files the First Certificate of Merger with the Office of the Secretary of State of the State of Delaware or at such later time as may be mutually agreed by Parent and the Company shall agree and set forth specify in such the First Certificate of Merger (the time the First Merger becomes effective, the “First Effective Time”).
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