Common use of Cancellation of Certain Stock Clause in Contracts

Cancellation of Certain Stock. Each share of Company Common Stock issued and outstanding immediately prior to the Effective Time that is owned or held in treasury by the Company or any of its Subsidiaries and each share of Company Common Stock issued and outstanding immediately prior to the Effective Time that is owned by Parent, its Subsidiaries or the Merger Subs shall no longer be outstanding and shall automatically be cancelled and retired and shall cease to exist (the “Cancelled Shares”), and no consideration shall be delivered in exchange therefor or in respect thereof.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Coherent Inc), Agreement and Plan of Merger (Lumentum Holdings Inc.), Agreement and Plan of Merger (Lumentum Holdings Inc.)

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Cancellation of Certain Stock. Each share of Company Common Stock issued and outstanding immediately prior to the Effective Time that is owned or held in treasury by the Company or owned by any Subsidiary of its Subsidiaries the Company and each share of Company Common Stock issued and outstanding immediately prior to the Effective Time that is owned by Parent, its Subsidiaries Merger Sub or the Merger Subs any other direct or indirect Subsidiary of Parent shall no longer be outstanding and shall automatically be cancelled and retired and shall cease to exist (the “Cancelled Shares”), and no consideration shall be delivered in exchange therefor or in respect thereoftherefor.

Appears in 3 contracts

Samples: And Restated Agreement and Plan of Merger (Insite Vision Inc), Agreement and Plan of Merger (Insite Vision Inc), Agreement and Plan of Merger (Insite Vision Inc)

Cancellation of Certain Stock. Each share of Company Common Stock issued and outstanding immediately prior to the Effective Time that is owned or held in treasury by the Company or any of its Subsidiaries and each share of Company Common Stock issued and outstanding immediately prior to the Effective Time that is owned by Parent, its Subsidiaries Parent or the Merger Subs Sub shall no longer be outstanding and shall automatically be cancelled and retired and shall cease to exist (the “Cancelled Shares”), and no consideration shall be delivered in exchange therefor or in respect thereoftherefor.

Appears in 3 contracts

Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Dollar Tree Inc), Agreement and Plan of Merger (Family Dollar Stores Inc)

Cancellation of Certain Stock. Each share of Company Common Stock issued and outstanding immediately prior to the Effective Time that is owned or held in treasury by the Company or any of its Subsidiaries and each share of Company Common Stock issued and outstanding immediately prior to the Effective Time that is owned by Parent, its Subsidiaries or the Merger Subs Sub shall no longer be outstanding and shall automatically be cancelled and retired and shall cease to exist (the “Cancelled Shares”), and no consideration shall be delivered in exchange therefor or in respect thereof.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (PNK Entertainment, Inc.), Agreement and Plan of Merger (Pinnacle Entertainment Inc.), Agreement and Plan of Merger (Gaming & Leisure Properties, Inc.)

Cancellation of Certain Stock. Each share of Company Common Stock issued and outstanding immediately prior to the Effective Time that is owned or held in treasury by the Company or any of its Subsidiaries and each share of Company Common Stock issued and outstanding immediately prior to the Effective Time that is owned by Parent, its Subsidiaries or the Merger Subs Sub shall no longer be outstanding and shall automatically be cancelled and retired and shall cease to exist (the “Cancelled Shares”), and no consideration shall be delivered in exchange therefor or in respect thereof.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Ii-Vi Inc), Agreement and Plan of Merger (Coherent Inc)

Cancellation of Certain Stock. Each share of Company Common Stock issued and outstanding immediately prior to the Effective Time that is owned or held in treasury by the Company or any of its Subsidiaries and each share of Company Common Stock issued and outstanding immediately prior to the Effective Time that is owned by Parent, its Parent or Merger Sub or any of their respective Subsidiaries or the Merger Subs shall no longer be outstanding and shall automatically be cancelled and retired and shall cease to exist (the “Cancelled Shares”), and no consideration shall be delivered in exchange therefor or in respect thereof.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Rti International Metals Inc), Agreement and Plan of Merger (Alcoa Inc.)

Cancellation of Certain Stock. Each share of Company Common Stock issued and outstanding immediately prior to the Effective Time that is owned or held in treasury by the Company or any of its Subsidiaries and each share of Company Common Stock issued and outstanding immediately prior to the Effective Time that is owned by Parent, its Parent or Merger Sub or any of their respective Subsidiaries or the Merger Subs shall no longer be outstanding and shall automatically be cancelled and retired and shall cease to exist (the “Cancelled Shares”), and no consideration shall be delivered in exchange therefor or in respect thereoftherefor.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Ensco PLC), Agreement and Plan of Merger (Atwood Oceanics Inc)

Cancellation of Certain Stock. Each share All shares of Company Common Stock issued that are owned by the Company (whether held in treasury or otherwise) or by any wholly-owned Subsidiary of the Company, and outstanding any shares of Company Common Stock owned by Parent or Merger Sub or by any of their respective Subsidiaries immediately prior to the Effective Time that is owned or held in treasury by the Company or any of its Subsidiaries and each share of Company Common Stock issued and outstanding immediately prior to the Effective Time that is owned by ParentTime, its Subsidiaries or the Merger Subs shall no longer be outstanding and shall automatically be cancelled and retired and shall cease to exist (the “Cancelled Shares”), and no consideration shall be delivered in exchange therefor or in respect thereoftherefor.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Clearwater Paper Corp), Agreement and Plan of Merger (Cellu Tissue Holdings, Inc.)

Cancellation of Certain Stock. Each share of Company Common Stock issued and outstanding immediately prior to the Effective Time that is owned or held in treasury by the Company or any of its Subsidiaries and each share of Company Common Preferred Stock issued and outstanding immediately prior to the Effective Time that is owned by Parentthe Company, its Subsidiaries any wholly-owned Subsidiary of the Company or the Merger Subs shall no longer be outstanding by Acquirer (including shares of Company Common Stock and Company Preferred Stock which are set forth on Exhibit A all of which are owned by Acquirer) shall automatically be cancelled and retired and shall cease to exist (the “Cancelled Shares”)exist, and no cash or other consideration shall be delivered or deliverable in exchange therefor or in respect thereoftherefor.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Jack Miller Family Limited Partnership 1), Agreement and Plan of Merger (Successories Inc)

Cancellation of Certain Stock. Each share of Company Common Stock issued and outstanding that immediately prior to the Effective Time that is owned or held in treasury by the Company or any of its wholly owned Subsidiaries and each share of Company Common Stock issued and outstanding immediately prior to the Effective Time that is owned by ParentParent or any of its wholly owned Subsidiaries and, its Subsidiaries or the Merger Subs in each case, not held on behalf of third parties, shall no longer be outstanding and shall automatically be cancelled and retired and shall cease to exist (the “Cancelled Shares”), and no consideration shall be delivered in exchange therefor or in respect thereoftherefor.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Carrizo Oil & Gas Inc), Agreement and Plan of Merger (Callon Petroleum Co)

Cancellation of Certain Stock. Each share of Company Common Stock issued (i) that is owned, directly or indirectly, by Parent or Merger Sub immediately prior to the Effective Time, or (ii) that has been reacquired by the Company and outstanding is held as authorized but unissued Company Common Stock immediately prior to the Effective Time that is owned or held in treasury by the Company or any of its Subsidiaries and each share of Company Common Stock issued and outstanding immediately prior to the Effective Time that is owned by Parent(collectively, its Subsidiaries or the Merger Subs shall no longer be outstanding and shall automatically be cancelled and retired and shall cease to exist (the “Cancelled Shares”), shall automatically be canceled and shall cease to exist, and no consideration shall be delivered in exchange therefor or in respect thereoftherefor.

Appears in 1 contract

Samples: Agreement and Plan of Merger (En Pointe Technologies Inc)

Cancellation of Certain Stock. Each share of Company Common Stock issued and outstanding immediately prior to the Effective Time that is owned or held in treasury by the Company or any of its Subsidiaries and each share of Company Common Stock issued and outstanding immediately prior to the Effective Time that is owned by Parent, Parent or any of its Subsidiaries or the (including Merger Subs Sub) shall no longer be outstanding and shall automatically be cancelled and retired and shall cease to exist (the “Cancelled Shares”), and no consideration shall be delivered in exchange therefor or in respect thereoftherefor.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Airgas Inc)

Cancellation of Certain Stock. Each share of common stock, par value $0.001 per share, of the Company (the “Company Common Stock Stock”) issued and outstanding immediately prior to the Effective Time that is owned or held in treasury by the Company or any of its Subsidiaries and each share of Company Common Stock issued and outstanding immediately prior to the Effective Time that is owned by Parent, its Subsidiaries or the Merger Subs shall no longer be outstanding and shall automatically be cancelled and retired and shall cease to exist (the “Cancelled Shares”), and no consideration shall be delivered in exchange therefor or in respect thereof.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Iac/Interactivecorp)

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Cancellation of Certain Stock. Each share of Company Common Stock issued and outstanding immediately prior to the Effective Time that is owned or held in treasury by the Company or any of its Subsidiaries and each share of Company Common Stock issued and outstanding immediately prior to the Effective Time that is owned by Parent, its Subsidiaries Merger Sub or the Merger Subs any other direct or indirect Subsidiary of Parent shall no longer be outstanding and shall automatically be cancelled and retired and shall cease to exist (the "Cancelled Shares"), and no consideration shall be delivered in exchange therefor or in respect thereoftherefor.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Staples Inc)

Cancellation of Certain Stock. Each share of Company Common Stock issued and outstanding immediately prior to the Effective Time that is owned or held in treasury by the Company or any of its Subsidiaries and each share of Company Common Stock issued and outstanding immediately prior to the Effective Time that is owned by Parent, its Subsidiaries Merger Sub or the Merger Subs any other direct or indirect Subsidiary of Parent shall no longer be outstanding and shall automatically be cancelled and retired and shall cease to exist (the “Cancelled Shares”), and no consideration shall be delivered in exchange therefor or in respect thereoftherefor.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Office Depot Inc)

Cancellation of Certain Stock. Each share of Company Common Stock issued and outstanding immediately prior to the Effective Time that is owned or held in treasury by the Company or any of its Subsidiaries and each share of Company Common Stock issued and outstanding immediately prior to the Effective Time that is owned by Parent, its Subsidiaries Merger Sub or any direct or indirect wholly owned subsidiary of the Merger Subs Company shall no longer be outstanding and shall automatically be cancelled and retired and shall cease to exist (the "Cancelled Shares"), and no consideration shall be delivered in exchange therefor or in respect thereoftherefor.

Appears in 1 contract

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

Cancellation of Certain Stock. Each share of Company Common Stock Share issued and outstanding immediately prior to the Effective Time that is owned or held in treasury by the Company or any of its Subsidiaries and each share of Company Common Stock Share issued and outstanding immediately prior to the Effective Time that is owned or held by Parent, (A) any wholly owned Subsidiary of the Company or (B) Parent or any of its wholly owned Subsidiaries or the (including Merger Subs Sub) shall no longer be outstanding and shall automatically be cancelled and retired and shall cease to exist (the “Cancelled Shares”), and no consideration shall be delivered in exchange therefor or in respect thereoftherefor.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Barnes Group Inc)

Cancellation of Certain Stock. Each share of Company Common Stock issued and outstanding immediately prior to the Effective Time that is owned or held in treasury by the Company or owned by any Subsidiary of its Subsidiaries the Company and each share of Company Common Stock issued and outstanding immediately prior to the Effective Time that is owned by Parent, its Subsidiaries Merger Sub or the Merger Subs any other direct or indirect Subsidiary of Parent shall no longer be outstanding and shall automatically be cancelled and retired and shall cease to exist (the "Cancelled Shares"), and no consideration shall be delivered in exchange therefor or in respect thereoftherefor.

Appears in 1 contract

Samples: Agreement and Plan of Merger (QLT Inc/Bc)

Cancellation of Certain Stock. Each share of Company Common Stock issued and outstanding immediately prior to the Effective Time that is owned or held in treasury by the Company or any of its Subsidiaries and each share of Company Common Stock issued and outstanding immediately prior to the Effective Time that is owned by Parent, its Subsidiaries Merger Sub or the Merger Subs any other direct or indirect Subsidiary of Parent shall no longer be outstanding and shall automatically be cancelled and retired and shall cease to exist (the “Cancelled Shares”), and no consideration shall be delivered in exchange therefor or in respect thereoftherefor.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Insite Vision Inc)

Cancellation of Certain Stock. Each share of Company Common Stock issued and outstanding immediately prior to the Effective Time that is owned or held in treasury by the Company or any of its Subsidiaries and each share of Company Common Stock issued and outstanding immediately prior to the Effective Time that is owned by Parent, its Subsidiaries Merger Sub or any direct or indirect wholly owned subsidiary of the Merger Subs Company shall no longer be outstanding and shall automatically be cancelled and retired and shall cease to exist (the “Cancelled Shares”), and no consideration shall be delivered in exchange therefor or in respect thereoftherefor.

Appears in 1 contract

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

Cancellation of Certain Stock. Each share of Company Common Stock issued and outstanding immediately prior to the Effective Time that is owned by (i) the Company, (ii) any wholly-owned Subsidiary of the Company, (iii) Mergeco, (iv) O. Xxxx Xxxxxxxx, (v) Xxxxxxxx Family Holding Company, or held in treasury by the Company or any of its Subsidiaries and each share of Company Common Stock issued and outstanding immediately prior to the Effective Time that is owned by Parent, its Subsidiaries or the Merger Subs shall no longer be outstanding and (vi) Xxxxxxxx Family Foundation shall automatically be cancelled and retired and shall cease to exist (the “Cancelled Shares”)exist, and no cash or other consideration shall be delivered or deliverable in exchange therefor or in respect thereoftherefor.

Appears in 1 contract

Samples: Agreement and Plan of Merger (NPC International Inc)

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