Cancellation and Retirement of Common Stock. As of the Effective Time all certificates representing Shares, other than certificates representing Shares to be canceled in accordance with Section 3.1(b) or Dissenting Shares, issued and outstanding immediately prior to the Effective Time, shall no longer be outstanding and shall automatically be canceled and shall cease to exist, and each holder of a certificate representing any such Shares shall cease to have any rights with respect thereto, except the right to receive the Merger Consideration upon surrender of such certificate in accordance with Section 3.3.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Bertuccis Inc), Agreement and Plan of Merger (Bertuccis Inc), Agreement and Plan of Merger (Ne Restaurant Co Inc)
Cancellation and Retirement of Common Stock. As of the Effective Time Time, all certificates representing Sharesshares of Common Stock, other than certificates representing Shares shares to be canceled in accordance with Section 3.1(b2.1(b) or Dissenting Shares, issued and outstanding immediately prior to the Effective Time, shall no longer be outstanding and shall automatically be canceled and shall cease to exist, and each holder of a certificate representing any such Shares shares of Common Stock shall cease to have any rights with respect thereto, except the right to receive the Merger Consideration upon surrender of such certificate in accordance with Section 3.32.3. SECTION 2.2.
Appears in 1 contract
