Common use of The Second Merger Clause in Contracts

The Second Merger. (a) Subject to the terms and conditions of this Agreement, in accordance with the MGCL and the Delaware General Corporate Law (“DGCL”), at the Second Effective Time, the Surviving Company shall merge with and into HRZN, and the separate corporate existence of the Surviving Company shall cease. HRZN shall be the surviving company in the Second Merger and shall continue its existence as a corporation under the Laws of the State of Delaware. The Second Merger shall become effective (the “Second Effective Time”) as set forth in (i) the articles of merger with respect to the Second Merger (the “Second Articles of Merger”) that HRZN shall file with the SDAT and (ii) the certificate of ownership and merger with respect to the Second Merger (the “Certificate of Merger”) that HRZN shall file with the Secretary of State of the State of Delaware (the “DE SOS”), it being understood that HRZN and the Surviving Company shall cause the Second Effective Time to occur immediately following the Effective Time. At and after the Second Effective Time, the Second Merger shall have the effects set forth in the MGCL and the DGCL. (b) At the Second Effective Time, by virtue of the Second Merger and without any action on the part of HRZN or the Surviving Company or the holder of any of the following securities, (i) each share of common stock of the Surviving Company issued and outstanding as of immediately prior to the Second Effective Time shall be cancelled and shall cease to exist, and no consideration shall be exchanged therefor and (ii) each share of HRZN Common Stock issued and outstanding immediately prior to the Second Effective Time shall remain outstanding as an identical share of HRZN Common Stock.

The Second Merger. (a) Subject to the terms and conditions of this Agreement, in accordance with the MGCL DGCL and the Delaware General Corporate Law Limited Liability Company Act (the “DGCLLLCA”), at the Second Effective Time, the Surviving Company shall merge with and into HRZNPIF, and the separate corporate existence of the Surviving Company shall cease. HRZN PIF shall be the surviving company in the Second Merger and shall continue its existence as a corporation limited liability company under the Laws of the State of Delaware. The Second Merger shall become effective (the “Second Effective Time”) as set forth in (i) the articles certificate of merger with respect to the Second Merger (the “Second Articles of Merger”) that HRZN shall file with the SDAT and (ii) the certificate of ownership and merger with respect to the Second Merger (the “Certificate of Merger”) that HRZN PIF shall file with the Secretary of State of the State of Delaware (the “DE SOS”), it being understood that HRZN PIF and the Surviving Company shall cause the Second Effective Time to occur immediately following the First Effective Time. At and after the Second Effective Time, the Second Merger shall have the effects set forth in the MGCL DGCL and the DGCLLLCA. (b) At the Second Effective Time, by virtue of the Second Merger and without any action on the part of HRZN PIF or the Surviving Company or the holder of any of the following securities, (i) each share of common stock of the Surviving Company issued and outstanding as of immediately prior to the Second Effective Time shall be cancelled and shall cease to exist, and no consideration shall be exchanged therefor and (ii) each share Class S common unit of HRZN Common Stock limited liability company interest in PIF (“PIF Class S Unit”) issued and outstanding immediately prior to the Second Effective Time shall remain outstanding as an identical share common unit of HRZN Common Stocklimited liability company interest of PIF.

The Second Merger. (a) Subject to the terms and conditions of this Agreement, in accordance with the MGCL and Section 253 of the Delaware General Corporate Corporation Law (the “DGCL”), at the Second Effective Time, the Surviving Company shall merge with and into HRZN, the Acquiror and the separate corporate existence of the Surviving Company shall cease. HRZN The Acquiror shall be the surviving company in the Second Merger and shall continue its existence as a corporation under the Laws of the State of Delaware. The Second Merger shall become effective (the “Second Effective Time”) as set forth in (i) the articles of merger with respect to the Second Merger (the “Second Articles of Merger”) that HRZN the Acquiror shall file with the MD SDAT and (ii) the certificate of ownership and merger with respect to the Second Merger (the “Certificate of Merger”) that HRZN the Acquiror shall file with the Secretary of State of the State of Delaware (the “DE SOSSecretary”) (the “Second Effective Time”), it being understood that HRZN and the Surviving Company shall cause the Second Effective Time to occur immediately following the Effective Time. At and after the Second Effective Time, the Second Merger shall have the effects set forth in the MGCL and the DGCL. (b) At the Second Effective Time, by virtue of the Second Merger and without any action on the part of HRZN the Acquiror or the Surviving Company or the holder of any of the following securities, (i) each share of common stock of the Surviving Company issued and outstanding as of immediately prior to the Second Effective Time shall be cancelled and shall cease to exist, and no consideration shall be exchanged therefor therefor; and (ii) each share of HRZN Acquiror Common Stock issued and outstanding immediately prior to the Second Effective Time shall remain outstanding as an identical share of HRZN Acquiror Common Stock.

The Second Merger. (a) Subject to the terms and conditions of this Agreement, in accordance with the MGCL and the Delaware General Corporate Law (“DGCL”)MGCL, at the Second Effective Time, the Surviving Company shall merge with and into HRZNOTF, and the separate corporate existence of the Surviving Company shall cease. HRZN OTF shall be the surviving company in the Second Merger and shall continue its existence as a corporation under the Laws of the State of DelawareMaryland. The Second Merger shall become effective (the “Second Effective Time”) as set forth in (i) the articles of merger with respect to the Second Merger (the “Second Articles of Merger”) that HRZN OTF and the Surviving Company shall file with the SDAT and (ii) the certificate of ownership and merger with respect to the Second Merger (the “Certificate of Merger”) that HRZN shall file with the Secretary of State of the State of Delaware (the “DE SOS”), it being understood that HRZN OTF and the Surviving Company shall cause the Second Effective Time to occur immediately following the Effective Time. At and after the Second Effective Time, the Second Merger shall have the effects set forth in the MGCL and the DGCLMGCL. (b) At the Second Effective Time, by virtue of the Second Merger and without any action on the part of HRZN OTF or the Surviving Company or the holder of any of the following securities, (i) each share of common stock of the Surviving Company issued and outstanding as of immediately prior to the Second Effective Time shall be cancelled and shall cease to exist, and no consideration shall be exchanged therefor and (ii) each share of HRZN OTF Common Stock issued and outstanding immediately prior to the Second Effective Time shall remain outstanding as an identical share of HRZN OTF Common Stock.

The Second Merger. (a) Subject to the terms and conditions of this Agreement, in accordance with the MGCL and the Delaware General Corporate Law (“DGCL”), at the Second Effective Time, the Surviving Company shall merge with and into HRZN, OCSL and the separate corporate existence of the Surviving Company shall cease. HRZN OCSL shall be the surviving company in the Second Merger and shall continue its existence as a corporation under the Laws of the State of Delaware. The Second Merger shall become effective as set forth in the certificate of merger (the “Second Certificate of Merger”) that OCSL shall file with the DE SOS on the Closing Date (the “Second Effective Time”) as set forth in (i) the articles of merger with respect to the Second Merger (the “Second Articles of Merger”) that HRZN shall file with the SDAT and (ii) the certificate of ownership and merger with respect to the Second Merger (the “Certificate of Merger”) that HRZN shall file with the Secretary of State of the State of Delaware (the “DE SOS”), it being understood that HRZN OCSL and the Surviving Company shall cause the Second Effective Time to occur immediately following the Effective TimeTerminations. At and after the Second Effective Time, the Second Merger shall have the effects set forth in the MGCL and the DGCL. (b) At the Second Effective Time, by virtue of the Second Merger and without any action on the part of HRZN OCSL or the Surviving Company or the holder of any of the following securities, (i) each share of common stock of the Surviving Company issued and outstanding as of immediately prior to the Second Effective Time shall be cancelled and shall cease to exist, and no consideration shall be exchanged therefor therefor; and (ii) each share of HRZN OCSL Common Stock issued and outstanding immediately prior to the Second Effective Time shall remain outstanding as an identical a share of HRZN OCSL Common Stock.