Act Teleconferencing Inc (fka ACTT)

[Wam342000]

3.2 Effective Time of the Merger . Upon the terms and subject to the conditions set forth in this Agreement, as soon as practicable on or after the Closing Date, the parties shall (i) file a statement of merger in the form attached hereto as Exhibit B (the “ Colorado Certificate of Merger ”) with the Secretary of State of the State of Colorado in accordance with the relevant provisions of the Colorado Code, (ii) file a certificate of merger in the form attached hereto as Exhibit C (the “ Delaware Certificate of Merger ”) with the Secretary of State of the State of Delaware in accordance with the relevant provisions of the DGCL and (iii) make all other filings or recordings required under the Colorado Code to effect the Merger (the time that such Colorado Certificate of Merger is duly filed with the Secretary of State of the State of Colorado being referred to herein as the “ Effective Time ”).

it seems many filing it's missing before "Effective time" of merger