Extract to table

"Effective Time" means the time at which the Certificate of Merger relating to the Merger is duly filed with the Secretary of State of the State of Delaware in accordance with the DGCL, or such later time as Parent and the Company shall agree and as shall be specified in such Certificate of Merger

2 — Terms Defined in the Merger Agreement Capitalized terms used but not otherwise defined in this Agreement shall have the respective meanings ascribed to them in the Merger Agreement

In the event that a term is defined both in this Agreement and in the Merger Agreement, the definition set forth in this Agreement shall control for purposes of this Agreement

3 — Interpretation The following rules of interpretation shall apply to this Agreement: (a) The headings and captions contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement

(b) Whenever the words "include," "includes," or "including" are used in this Agreement, they shall be deemed to be followed by the words "without limitation

" (c) Words in the singular shall include the plural and vice versa, and words of one gender shall include the other genders, in each case as the context requires