Common use of Appointment of Exchange Agent Clause in Contracts

Appointment of Exchange Agent. Prior to the mailing of the Proxy Statement/Prospectus, Parent shall appoint a bank or trust company reasonably acceptable to the Company to act as exchange agent (the “Exchange Agent”) for the payment of the Merger Consideration and shall enter into an agreement (the “Exchange Agent Agreement”) relating to the Exchange Agent’s responsibilities under this Agreement, which Exchange Agent Agreement shall be subject to the reasonable approval of the Company.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Conversant, Inc.)

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Appointment of Exchange Agent. Prior to the mailing of the Proxy Statement/Prospectus, Parent shall appoint a bank or trust company reasonably acceptable to the Company to act as exchange agent (the "Exchange Agent") for the payment of the Merger Consideration and shall enter into an agreement (the "Exchange Agent Agreement") relating to the Exchange Agent’s 's responsibilities under this Agreement, which Exchange Agent Agreement shall be subject to the reasonable approval of the Company.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Alliance Data Systems Corp)

Appointment of Exchange Agent. Prior to the mailing of the Joint Proxy Statement/Prospectus, Parent shall appoint enter into an agreement (in a form reasonably acceptable to the Company) with a commercial bank or trust company (reasonably acceptable to the Company (it being agreed that either of the existing transfer agents for the Company and Parent shall be deemed reasonably acceptable)) to act as an exchange agent (the “Exchange Agent”) for the payment purpose of paying the Merger Upfront Consideration and shall enter into an agreement (the “Exchange Agent Agreement”) relating to the Exchange Agent’s other responsibilities under this Agreement, which Exchange Agent Agreement shall be subject to the reasonable approval of the Company.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Spectrum Pharmaceuticals Inc)

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Appointment of Exchange Agent. Prior to the mailing of the Proxy Statement/ProspectusStatement (as defined herein), Parent shall appoint a bank or trust company reasonably acceptable to the Company to act as exchange agent (the “Exchange Agent”) for the payment of the Merger Consideration and shall enter into an agreement (the “Exchange Agent Agreement”) relating to the Exchange Agent’s responsibilities under this Agreement, which Exchange Agent Agreement shall be subject to the reasonable approval of the CompanyConsideration.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Harman International Industries Inc /De/)

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