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

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Insite Vision Inc), Merger Agreement (Insite Vision Inc), Agreement and Plan of Merger (Insite Vision 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 the Company and each share of Company Common Stock issued and outstanding immediately prior to the Effective Time that is owned by Parent, Parent or Merger Sub or any other direct or indirect Subsidiary of Parent shall no longer be outstanding and shall automatically be cancelled and shall cease to exist (the “Cancelled Shares”), and no consideration shall be delivered in exchange therefor.

Appears in 3 contracts

Samples: Merger Agreement, Merger Agreement (Dollar Tree Inc), Merger Agreement (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 owned by any Subsidiary of 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 or Merger Sub or 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 therefortherefor or in respect thereof.

Appears in 3 contracts

Samples: Merger Agreement (PNK Entertainment, Inc.), Merger Agreement (Pinnacle Entertainment Inc.), Merger Agreement (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 owned by any Subsidiary of the Company 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 Sub or any other direct or indirect Subsidiary of Parent 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 therefortherefor or in respect thereof.

Appears in 3 contracts

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

Cancellation of Certain Stock. Each share of Company Common Stock issued and outstanding immediately prior to the Effective Time that is owned (i) owned, directly or held in treasury by the Company or owned by any Subsidiary of the Company and each share of Company Common Stock issued and outstanding immediately prior to the Effective Time that is owned indirectly, by Parent, Merger Sub or any other direct Xxxx Xxxxxxxxx immediately prior to the Effective Time, or indirect Subsidiary (ii) held in the treasury of Parent shall no longer be outstanding and shall automatically be cancelled and shall cease to exist the Company (together, the “Cancelled Shares”)) shall be automatically canceled and shall cease to exist, and no consideration shall be delivered in exchange therefortherefore.

Appears in 2 contracts

Samples: Merger Agreement (Hirsch International Corp), Merger Agreement (Hirsch International Corp)

Cancellation of Certain Stock. Each share of Company Common Stock issued and outstanding that is (i) owned, directly or indirectly, by Parent or Merger Sub immediately prior to the Effective Time that is owned or (ii) held in the treasury by the Company or owned by any Subsidiary of the Company and each share of Company Common Stock issued and outstanding immediately prior to the Effective Time that is owned by Parent(together, Merger Sub or any other direct or indirect Subsidiary of Parent shall no longer be outstanding and shall automatically be cancelled and shall cease to exist (the “Cancelled Shares”)) shall be automatically canceled and shall cease to exist, and no consideration shall be delivered in exchange therefortherefore.

Appears in 2 contracts

Samples: Merger Agreement (Synergx Systems Inc), Merger Agreement (Firecom 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 the Company and each share of Company Common Stock issued and outstanding immediately prior to the Effective Time that is owned by Parent, Parent or Merger Sub or any other direct or indirect Subsidiary of Parent their respective Subsidiaries shall no longer be outstanding and shall automatically be cancelled and shall cease to exist (the “Cancelled Shares”), and no consideration shall be delivered in exchange therefor.

Appears in 2 contracts

Samples: Merger Agreement (Ensco PLC), Merger Agreement (Atwood Oceanics 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 by any Subsidiary of the Company Subsidiaries and each share of Company Common Stock issued and outstanding immediately prior to the Effective Time that is owned by Parent, Merger Sub Parent or any other direct or indirect Subsidiary of Parent its wholly owned Subsidiaries and, in each case, not held on behalf of third parties, shall no longer be outstanding and shall automatically be cancelled and shall cease to exist (the “Cancelled Shares”), and no consideration shall be delivered in exchange therefor.

Appears in 2 contracts

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

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 the Company and each share of Company Common Stock issued and outstanding immediately prior to the Effective Time that is owned by Parent, Parent or Merger Sub or any other direct or indirect Subsidiary of Parent their respective Subsidiaries 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 therefortherefor or in respect thereof.

Appears in 2 contracts

Samples: Merger Agreement (Alcoa Inc.), Merger Agreement (Rti International Metals 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 owned by any Subsidiary of the Company and each share of Company Common Stock issued and outstanding immediately prior to the Effective Time that is owned by ParentTime, Merger Sub or any other direct or indirect Subsidiary of Parent shall no longer be outstanding and shall automatically be cancelled and shall cease to exist (the “Cancelled Shares”), and no consideration shall be delivered in exchange therefor.

Appears in 2 contracts

Samples: Merger Agreement (Clearwater Paper Corp), Merger Agreement (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 owned by any Subsidiary of the Company 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 Merger Sub or 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 therefortherefor or in respect thereof.

Appears in 2 contracts

Samples: Merger Agreement (Ii-Vi Inc), Merger Agreement (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 owned by any Subsidiary of the Company and each share of Company Common Preferred Stock issued and outstanding immediately prior to the Effective Time that is owned by Parentthe Company, Merger Sub or any other direct or indirect wholly-owned Subsidiary of Parent shall no longer be outstanding the Company or 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.

Appears in 2 contracts

Samples: Merger Agreement (Jack Miller Family Limited Partnership 1), Merger Agreement (Successories 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 owned by any Subsidiary of the Company and each share of Company Common Stock issued and outstanding immediately prior to the Effective Time that is owned by Parent, Merger Sub or 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 therefortherefor or in respect thereof.

Appears in 1 contract

Samples: Merger Agreement (Iac/Interactivecorp)

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 the Company and each share of Company Common Stock issued and outstanding immediately prior to the Effective Time that is owned by Parent, Merger Sub or any other direct or indirect Subsidiary wholly owned subsidiary of Parent the Company shall no longer be outstanding and shall automatically be cancelled and shall cease to exist (the "Cancelled Shares"), and no consideration shall be delivered in exchange therefor.

Appears in 1 contract

Samples: Merger Agreement (Alliance Data Systems Corp)

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

Appears in 1 contract

Samples: Merger Agreement (Airgas 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 the Company and each share of Company Common Stock issued and outstanding immediately prior to the Effective Time that is owned by Parent, Merger Sub or any other direct or indirect Subsidiary wholly owned subsidiary of Parent the Company shall no longer be outstanding and shall automatically be cancelled and shall cease to exist (the “Cancelled Shares”), and no consideration shall be delivered in exchange therefor.

Appears in 1 contract

Samples: Merger Agreement (Conversant, 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 the Company and each share of Company Common Stock issued and outstanding immediately prior to the Effective Time that is owned by Parent, Merger Sub or any other direct or indirect Subsidiary of Parent shall no longer be outstanding and shall automatically be cancelled and shall cease to exist (the "Cancelled Shares"), and no consideration shall be delivered in exchange therefor.

Appears in 1 contract

Samples: Merger Agreement (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 owned by any Subsidiary of the Company and each share of Company Common Stock issued and outstanding immediately prior to the Effective Time that is owned by Parent, Merger Sub or any other direct or indirect Subsidiary of Parent shall no longer be outstanding and shall automatically be cancelled and shall cease to exist (the “Cancelled Shares”), and no consideration shall be delivered in exchange therefor.

Appears in 1 contract

Samples: Merger Agreement (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 owned by any Subsidiary of the Company and each share of Company Common Stock issued and outstanding immediately prior to the Effective Time that is owned by Parent, Merger Sub or any other direct or indirect Subsidiary of Parent shall no longer be outstanding and shall automatically be cancelled and shall cease to exist (the “Cancelled Shares”), and no consideration shall be delivered in exchange therefor.

Appears in 1 contract

Samples: Merger Agreement (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 (i) the Company or Company, (ii) any wholly-owned by any Subsidiary of the Company and each share of Company Common Stock issued and outstanding immediately prior to the Effective Time that is owned by ParentCompany, Merger Sub (iii) Mergeco, (iv) O. Xxxx Xxxxxxxx, (v) Xxxxxxxx Family Holding Company, or any other direct or indirect Subsidiary of Parent 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.

Appears in 1 contract

Samples: Merger Agreement (NPC International Inc)

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

Appears in 1 contract

Samples: Merger Agreement (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 the Company and each share of Company Common Stock issued and outstanding immediately prior to the Effective Time that is owned by Parent, Merger Sub or any other direct or indirect Subsidiary of Parent shall no longer be outstanding and shall automatically be cancelled and shall cease to exist (the "Cancelled Shares"), and no consideration shall be delivered in exchange therefor.

Appears in 1 contract

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

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 owned by any Subsidiary of the Company and each share of Company Common Stock issued and outstanding immediately prior to the Effective Time that is owned by Parent(collectively, Merger Sub or any other direct or indirect Subsidiary of Parent shall no longer be outstanding and shall automatically be cancelled 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.

Appears in 1 contract

Samples: Merger Agreement (En Pointe Technologies Inc)

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