Cancellation and Retirement of the Common Stock. All shares of the Common Stock issued and outstanding immediately prior to the Effective Time shall no longer be outstanding and shall automatically be canceled and retired and shall cease to exist, and each holder of a certificate representing any such shares of Common Stock shall cease to have any rights with respect thereto, except, other than for shares referred to in Section 3.2(a) and Section 3.4, the right to receive cash in accordance with Section 3.2(b) to be paid in consideration therefor upon surrender of such certificate in accordance with Section 3.3.
Appears in 2 contracts
Samples: Merger Agreement (Shaw Industries Inc), Merger Agreement (Berkshire Hathaway Inc)
Cancellation and Retirement of the Common Stock. All As of the Effective Time, all shares of the Common Stock issued and outstanding immediately prior to the Effective Time (other than Dissenting Shares (as hereinafter defined)) shall no longer be outstanding and shall automatically be canceled and retired and shall cease to exist, and each holder of a certificate representing any such shares of the Common Stock shall shall, to the extent such certificate represents such shares, cease to have any rights with respect thereto, except, other than for shares referred to in Section 3.2(a) and Section 3.4, except the right to receive cash in accordance with Section 3.2(b) to be paid in consideration therefor the Merger Consideration applicable thereto, without interest, upon surrender of such certificate in accordance with Section 3.33.2.
Appears in 2 contracts
Samples: Merger Agreement (Murdock David H), Merger Agreement (Dole Food Company Inc)