Common use of Acquiror to Provide Common Stock and Cash Clause in Contracts

Acquiror to Provide Common Stock and Cash. Promptly after the Effective Time (and in any event no later than ten (10) business days after the Effective Time), Acquiror shall make available in accordance with this Article I, through such reasonable procedures as Acquiror may adopt, (i) the shares of Acquiror Common Stock issuable pursuant to Section 1.6(a) in exchange for shares of Target Capital Stock outstanding immediately prior to the Effective Time less the number of shares of Acquiror Common Stock to be deposited into an escrow fund (the "ESCROW FUND") pursuant to the requirements of Article VIII hereof and (ii) cash in an amount sufficient to permit payment of cash in lieu of fractional shares pursuant to Section 1.6(f).

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (I2 Technologies Inc), Agreement and Plan of Reorganization (I2 Technologies Inc)

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Acquiror to Provide Common Stock and Cash. Promptly after the Effective Time (and but in any no event no later than ten (10) business 10 days after the Effective Time), Acquiror shall make available to the Exchange Agent for exchange in accordance with this Article I, through such reasonable procedures as Acquiror may adopt, (i) the shares of Acquiror Common Stock issuable pursuant to Section 1.6(a1.5(a) in exchange for shares of Target Capital Stock outstanding immediately prior to the Effective Time less the number of shares of Acquiror Common Stock to be deposited into an the escrow fund (the "ESCROW FUNDEscrow Fund") and Pulsecom escrow fund (the "Pulsecom Escrow Fund") pursuant to the requirements of Article VIII hereof and (ii) cash in an amount sufficient to permit payment of cash in lieu of fractional shares pursuant to Section 1.6(f1.5(e).

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Cisco Systems Inc)

Acquiror to Provide Common Stock and Cash. Promptly after the Effective Time (and in any event no later than ten (10) business days after ----------------------------------------- the Effective Time), Acquiror shall make available to the Exchange Agent for exchange in accordance with this Article I, through such reasonable procedures as Acquiror may adopt, (i) the shares of Acquiror Common Stock issuable pursuant to Section 1.6(a) in exchange for shares of Target Capital Stock outstanding immediately prior to the Effective Time less (i) the number of shares of Acquiror Common Stock to be deposited into an escrow fund (the "ESCROW FUNDEscrow Fund") pursuant to the requirements of Article VIII hereof and (ii) cash in an amount sufficient to permit payment of cash in lieu of fractional shares pursuant to Section 1.6(f).

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Cacheflow Inc)

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Acquiror to Provide Common Stock and Cash. Promptly after the Effective Time (and in any event no later than ten (10) business days after the Effective Time), Acquiror shall make available to the Exchange Agent for exchange in accordance with this Article I, through such reasonable procedures as Acquiror may adopt, and which are reasonably acceptable to Target (i) the shares of Acquiror Common Stock issuable pursuant to Section 1.6(a1.5(a) in exchange for shares of Target Capital Stock outstanding immediately prior to the Effective Time less the number of shares of Acquiror Common Stock to be deposited into an escrow fund (the "ESCROW FUNDEscrow Fund") pursuant to the requirements of Article VIII hereof and (ii) cash in an amount sufficient to permit payment of cash in lieu of fractional shares pursuant to Section 1.6(f1.5(e).

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Cisco Systems Inc)

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