Common use of The Merger Effective Time Clause in Contracts

The Merger Effective Time. Subject to the provisions of this Agreement and the Merger Agreement, Parent, Bid Sub, Merger Sub and the Company will cause the Merger to become effective under the Swiss Merger Act. The Merger shall become effective at the time of the registration of the Merger in the daily leger of the Commercial Register of the Canton of Zug shown on the excerpt from the Commercial Register issued by the Registrar (the “Certificate of Merger”). The parties agree that they will request the Registrar to provide in the Certificate of Merger that the effective date of the Merger will be the Closing Date (the “Effective Time”).

The Merger Effective Time. Subject to the provisions of this Agreement and the Merger Agreement, Parent, Bid Sub, Merger Sub and the Company will cause the Merger to become effective under the Swiss Merger Act. The Merger shall become effective at the time of the registration of the Merger in the daily leger ledger of the Commercial Register of the Canton of Zug Zurich (the “Commercial Register”) shown on the excerpt from the Commercial Register issued by the Registrar (the “Certificate of Merger”). The parties shall apply for a same-day registration with the Commercial Register (Hyperexpressverfahren). The parties agree that they will request the Registrar to provide registration date provided in the Certificate of Merger that as the effective date of the Merger will be the Closing Date (the “Effective Time”).