Common use of Cancellation of Certain Company Capital Stock Clause in Contracts

Cancellation of Certain Company Capital Stock. Notwithstanding anything herein to the contrary, at the Effective Time, all shares of Company Capital Stock that are owned by the Company as treasury stock or owned by any Subsidiary of the Company, and all shares of Company Capital Stock owned by Parent or any Parent Subsidiary immediately prior to the Effective Time shall be cancelled and extinguished without any conversion thereof and shall not be taken into account for purposes of any amounts payable to the Company Holders hereunder.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Nice Systems LTD)

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Cancellation of Certain Company Capital Stock. Notwithstanding anything herein to the contrary, at the Effective Time, all shares of Company Capital Stock that are owned by the Company as treasury stock or owned by any Subsidiary of the Company, and all shares each share of Company Capital Stock owned held by Parent, Buyer, Merger Sub 1, Merger Sub 2, any other Subsidiary of Parent or any Parent Subsidiary immediately prior to Buyer (the Effective Time “Excluded Shares”) shall be cancelled and extinguished without any conversion thereof and shall not be taken into account for purposes of any amounts payable to the Company Holders Stockholders hereunder.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Attunity LTD)

Cancellation of Certain Company Capital Stock. Notwithstanding anything herein to the contrary, at the Effective Time, all shares of Company Capital Stock that are owned by the Company as treasury stock or owned by any Subsidiary of the Companystock, and all shares of Company Capital Stock owned by Parent or any direct or indirect wholly owned Subsidiary of Parent Subsidiary or of the Company immediately prior to the Effective Time shall be cancelled and extinguished without any conversion or payment in respect thereof pursuant to Section 1.7(a) and shall not be taken into account for purposes of determining the Fully Diluted Share Number or any amounts payable to the Company Holders hereunder.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Colt Defense LLC)

Cancellation of Certain Company Capital Stock. Notwithstanding anything herein to the contrary, at the Effective Time, all shares of Company Capital Stock that are owned by the Company as treasury stock or owned by any Subsidiary of the Company, and all shares of Company Capital Stock owned by Parent or any Parent Subsidiary immediately prior to the Effective Time shall be cancelled and extinguished without any conversion thereof and shall not be taken into account for purposes of any amounts payable to the Company Holders hereunder.

Appears in 1 contract

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

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Cancellation of Certain Company Capital Stock. Notwithstanding anything herein to the contrary, at the Effective Time, all shares of Company Capital Stock that are owned by the Company as treasury stock or owned by any Subsidiary of the Company, and all shares of Company Capital Stock owned by Parent or any Parent Subsidiary immediately prior to the Effective Time its Subsidiaries shall be cancelled and extinguished without any conversion thereof and shall not be taken into account for purposes of any amounts payable to the Company Holders Stockholders hereunder.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Attunity LTD)

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