Common use of Cancellation of Company Securities Clause in Contracts

Cancellation of Company Securities. Each share of Common Stock held by the Company as treasury stock or held by Parent or Acquisition Sub immediately prior to the Effective Time shall automatically be canceled and retired and shall cease to exist, and no consideration or payment shall be delivered in exchange therefor or in respect thereof.

Appears in 5 contracts

Samples: Agreement and Plan of Merger (Revlon Inc /De/), Agreement and Plan of Merger (Elizabeth Arden Inc), Agreement and Plan of Merger (Harland Clarke Holdings Corp)

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Cancellation of Company Securities. Each share of common stock, par value $0.01 per share, of the Company (the “Company Common Stock Stock”) held by the Company as treasury stock or held held, directly or indirectly, by Parent or Acquisition Merger Sub immediately prior to the Effective Time shall automatically be canceled and retired and shall cease to exist, and no consideration or payment shall be delivered in exchange therefor or in respect thereofthereof (such shares, “Canceled Shares”).

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Welbilt, Inc.), Agreement and Plan of Merger (Welbilt, Inc.), Agreement and Plan of Merger (Middleby Corp)

Cancellation of Company Securities. Each share of common stock, par value $0.001 per share, of the Company (the “Company Common Stock Stock”) issued and outstanding and held by a Subsidiary of the Company as treasury stock or held held, directly or indirectly, by Parent or Acquisition Sub immediately prior to the Effective Time Time, shall automatically be canceled and retired and shall cease to exist, and no consideration or payment shall be delivered in exchange therefor or in respect thereof.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Sierra Income Corp), Agreement and Plan of Merger (Barings BDC, Inc.), Agreement and Plan of Merger (Crescent Capital BDC, Inc.)

Cancellation of Company Securities. Each share of Company Common Stock held by the Company as treasury stock or held by Parent or Acquisition Sub issued and outstanding immediately prior to the Effective Time that is held by any wholly owned Company Subsidiary, by Parent or by any Parent Subsidiary shall automatically be canceled and retired and shall cease to exist, and no consideration or payment shall be delivered in exchange therefor or in made with respect thereofthereto.

Appears in 4 contracts

Samples: Voting Agreement (Parkway Properties Inc), Voting Agreement (Thomas Properties Group Inc), Agreement and Plan of Merger (Ventas Inc)

Cancellation of Company Securities. Each share of common stock, par value $0.001 per share, of the Company (the “Company Common Stock Stock”) issued and outstanding and held by a Subsidiary of the Company as treasury stock or held held, directly or indirectly, by Parent or Acquisition Sub immediately prior to the Effective Time (collectively, “Canceled Shares”), shall automatically be canceled and retired and shall cease to exist, and no consideration or payment shall be delivered in exchange therefor or in respect thereof.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Crescent Capital BDC, Inc.), Agreement and Plan of Merger (OHA Investment Corp), Agreement and Plan of Merger (Portman Ridge Finance Corp)

Cancellation of Company Securities. Each share of Company Common Stock held by the Company as treasury stock stock, held by a wholly owned subsidiary of the Company or held by Parent or Acquisition Merger Sub immediately prior to the Effective Time shall automatically be canceled and retired and shall cease to exist, and no consideration or payment shall be delivered in exchange therefor or in respect thereof.

Appears in 3 contracts

Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Norcraft Companies, Inc.), Agreement and Plan of Merger (Fortune Brands Home & Security, Inc.)

Cancellation of Company Securities. Each share of Company Common Stock held by the or Company as treasury stock or held by Parent or Acquisition Sub Preferred Stock issued and outstanding immediately prior to the REIT Merger Effective Time that is held by any wholly owned Company Subsidiary, by Parent or by any Parent Subsidiary shall no longer be outstanding and shall automatically be canceled cancelled and retired and shall cease to exist, and no consideration or payment shall be delivered in exchange therefor or in made with respect thereofthereto.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Necessity Retail REIT, Inc.), Agreement and Plan of Merger (Global Net Lease, Inc.)

Cancellation of Company Securities. Each share of common stock, par value $0.01 per share, of the Company (the “Company Common Stock Stock”) held by the Company as treasury stock or held held, directly or indirectly, by Parent or Acquisition Sub immediately prior to the Company Merger Effective Time Time, except for the Company Incentive Awards issued pursuant to the Performance Incentive Plan and held by the Trust, shall automatically be canceled and retired and shall cease to exist, and no consideration or payment shall be delivered in exchange therefor or in respect thereof.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Ares Capital Corp), Agreement and Plan of Merger (American Capital, LTD)

Cancellation of Company Securities. Each share of common stock, par value $0.001 per share, of the Company (the “Company Common Stock Stock”) issued and outstanding and held by a Subsidiary of the Company as treasury stock or held held, directly or indirectly, by Parent or Acquisition Sub immediately prior to the Effective Time and all treasury shares (collectively, “Cancelled Shares”), shall automatically be canceled and retired and shall cease to exist, and no consideration or payment shall be delivered in exchange therefor or in respect thereof.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Portman Ridge Finance Corp), Agreement and Plan of Merger (Harvest Capital Credit Corp)

Cancellation of Company Securities. Each share of common stock, par value $0.0001 per share, of the Company (the “Company Common Stock Stock”) held by the Company as treasury stock or held directly by Parent or Acquisition Merger Sub immediately prior to the Effective Time shall automatically be canceled and retired and shall cease to exist, and no consideration or payment shall be delivered in exchange therefor or in respect thereofthereof (such shares, “Canceled Shares”).

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Genomic Health Inc), Agreement and Plan of Merger (Exact Sciences Corp)

Cancellation of Company Securities. Each share of Company Common Stock issued and outstanding immediately prior to the Effective Time that is held by the Company as treasury stock or held by any wholly owned Company Subsidiary or by Parent or Acquisition Sub immediately prior to the Effective Time by any Parent Subsidiary shall automatically be canceled and retired and shall cease to exist, and no consideration or payment shall be delivered in exchange therefor or in made with respect thereofthereto.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Westport Innovations Inc), Agreement and Plan of Merger (Fuel Systems Solutions, Inc.)

Cancellation of Company Securities. Each share of Company Common Stock held by the Company as treasury stock or held by Parent Buyer or Acquisition Sub immediately prior to the Effective Time shall automatically be canceled and cancelled, retired and shall cease to exist, and no consideration or payment shall be delivered in exchange therefor or in respect thereof.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Discover Financial Services), Agreement and Plan of Merger (Student Loan Corp)

Cancellation of Company Securities. Each share of Company Common Stock held by the Company or any Subsidiary of the Company (including shares held as treasury stock stock) or held held, directly or indirectly, by Parent SSW or Acquisition Merger Sub or any of their wholly owned Subsidiaries immediately prior to the Effective Time shall automatically be canceled cancelled and retired and shall cease to existexist as issued or outstanding shares, and no consideration or payment shall be delivered in exchange therefor or in respect thereof.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Veoneer, Inc.), Agreement and Plan of Merger (Qualcomm Inc/De)

Cancellation of Company Securities. Each share of the Company’s common stock, par value $0.001 per share (the “Company Common Stock Stock”) held by the Company as treasury stock or held by Parent or Acquisition Sub Merger Sub, in each case, immediately prior to the Effective Time Time, shall automatically be canceled and retired cancelled and shall cease to exist, and no consideration or payment shall be delivered in exchange therefor or in respect thereof.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (IPC Healthcare, Inc.), Agreement and Plan of Merger (Team Health Holdings Inc.)

Cancellation of Company Securities. Each share of Company Common Stock held by the Company as treasury stock or held by Parent or Acquisition Sub issued and outstanding immediately prior to the Company Merger Effective Time that is held by the Company, any Company Subsidiary, Parent or any Parent Subsidiary shall automatically be canceled cancelled and retired and shall cease to exist, and no consideration or payment shall be delivered in exchange therefor or in made with respect thereofthereto.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (SmartStop Self Storage, Inc.), Agreement and Plan of Merger (Extra Space Storage Inc.)

Cancellation of Company Securities. Each share of Common Stock the Company Shares held by the Company as treasury stock dormant shares or held by Parent Purchaser or Acquisition Merger Sub immediately prior to the Effective Time shall automatically be canceled and cancelled, retired and shall cease to exist, and no consideration or payment shall be delivered in exchange therefor or in respect thereof.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Eci Telecom LTD/), Agreement and Plan of Merger (Eci Telecom LTD/)

Cancellation of Company Securities. Each share of Company Common Stock held by the Company as treasury stock stock, held by a wholly owned Subsidiary of the Company or held by Parent or Acquisition Merger Sub immediately prior to the Effective Time shall automatically be canceled and retired and shall cease to exist, and no consideration or payment shall be delivered in exchange therefor or in respect thereof.

Appears in 2 contracts

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

Cancellation of Company Securities. Each share of the Company’s common stock, par value $0.10 per share (the “Company Common Stock Stock”), held by the Company as treasury stock or held by Parent or Acquisition Sub Mergerco immediately prior to the Effective Time shall automatically be canceled and cancelled, retired and shall cease to exist, and no consideration or payment shall be delivered in exchange therefor or in respect thereof.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Clear Channel Communications Inc)

Cancellation of Company Securities. Each share of Company Common Stock held by the Company as treasury stock or held otherwise owned by Parent Parent, Merger Sub or Acquisition Sub any wholly-owned Subsidiary of the Company immediately prior to the Effective Time (including Rollover Shares acquired by Parent immediately prior to the Effective Time pursuant to the Equity Rollover Commitments) shall automatically be canceled and retired cancelled, and shall cease to exist, and no consideration or payment shall be delivered in exchange therefor or in respect thereoftherefor.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Cumulus Media Inc)

Cancellation of Company Securities. Each share of Company Common Stock held by the Company as treasury stock stock, held by a wholly owned subsidiary of the Company or held by Parent or Acquisition Sub immediately prior to the Effective Time shall automatically be canceled and retired and shall cease to exist, and no consideration or payment shall be delivered in exchange therefor or in respect thereof.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Mips Technologies Inc)

Cancellation of Company Securities. Each share of common stock, par value $1.00 per share, of the Company (the “Company Common Stock Stock”) held by the Company as treasury stock or held any of its Subsidiaries or held, directly or indirectly, by Parent or Acquisition Sub immediately prior to the Effective Time shall automatically be canceled and retired and shall cease to existexist as issued or outstanding shares, and no consideration or payment shall be delivered in exchange therefor or in respect thereof.

Appears in 1 contract

Samples: Agreement and Plan of Merger (P&f Industries Inc)

Cancellation of Company Securities. Each share of Company Common Stock held by the Company as treasury stock or held by Parent or Acquisition Sub (including as a result of the exercise of the Top-Up Option by Acquisition Sub, if applicable) immediately prior to the Effective Time shall automatically be canceled and retired and shall cease to exist, and no consideration or payment shall be delivered in exchange therefor or in respect thereof, and each share of Company Common Stock owned by any subsidiary of the Company shall be converted into a share of capital stock of the Surviving Corporation.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Steinway Musical Instruments Inc)

Cancellation of Company Securities. Each share of Company Common Stock held by the Company as treasury stock or held by Parent or Acquisition Merger Sub (including as a result of an exercise of the Top-Up Option by Merger Sub), in each case, immediately prior to the Effective Time Time, shall automatically be canceled and retired cancelled and shall cease to exist, and no consideration or payment shall be delivered in exchange therefor or in respect thereof.

Appears in 1 contract

Samples: Agreement and Plan of Merger (MModal Inc.)

Cancellation of Company Securities. Each share of the Company’s common stock, par value $0.10 per share (the “Company Common Stock Stock”), held by the Company as treasury stock or held by Parent Mergerco or Acquisition Sub New Holdco immediately prior to the Effective Time shall automatically be canceled and cancelled, retired and shall cease to exist, and no consideration or payment shall be delivered in exchange therefor or in respect thereof.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Clear Channel Communications Inc)

Cancellation of Company Securities. Each share of Company Common Stock held by the Company as treasury stock stock, held by a wholly owned subsidiary of the Company or held by Parent or Acquisition Sub (including as a result of an exercise of the Top-Up Option by Acquisition Sub), in each case, immediately prior to the Effective Time Time, shall automatically be canceled and retired and shall cease to exist, and no consideration or payment shall be delivered in exchange therefor or in respect thereof.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Gymboree Corp)

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Cancellation of Company Securities. Each share of common stock, par value $0.01 per share, of the Company (the “Company Common Stock Stock”) held by the Company as treasury stock Company, if any, or held by any of its Subsidiaries or held, directly or indirectly, by Parent or Acquisition Sub immediately prior to the Effective Time shall automatically be canceled and retired and shall cease to exist, and no consideration or payment shall be delivered in exchange therefor or in respect thereof.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Compuware Corp)

Cancellation of Company Securities. Each share of common stock, $0.001 par value per share, of the Company (the “Company Common Stock Stock”) held by the Company as treasury stock or held directly by Parent or Acquisition Sub any Subsidiary of Parent (including Merger Sub) immediately prior to the Effective Time shall no longer be outstanding and shall automatically be canceled and retired and shall cease to exist, and no consideration or payment shall be delivered in exchange therefor or in respect thereofthereof (such shares, “Canceled Shares”).

Appears in 1 contract

Samples: Agreement and Plan of Merger (K2m Group Holdings, Inc.)

Cancellation of Company Securities. Each share of common stock, $0.001 par value per share, of the Company (the “Company Common Stock Stockˮ) held by the Company as treasury stock or held directly by Parent or Acquisition Sub any Subsidiary of Parent (including Merger Sub) immediately prior to the Effective Time shall no longer be outstanding and shall automatically be canceled and retired and shall cease to exist, and no consideration or payment shall be delivered in exchange therefor or in respect thereofthereof (such shares, “Canceled Sharesˮ).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Stryker Corp)

Cancellation of Company Securities. Each share of common stock, par value $0.01 per share, of the Company (the “Company Common Stock Stock”) held by the Company as treasury stock or held held, directly or indirectly, by Parent or Acquisition Sub immediately prior to the Effective Time shall automatically be canceled and retired and shall cease to exist, and no consideration or payment shall be delivered in exchange therefor or in respect thereof; provided that each share of Company Common Stock that is owned by any direct or indirect wholly-owned Subsidiary of the Company immediately prior to the Effective Time shall remain outstanding.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Gardner Denver Inc)

Cancellation of Company Securities. Each share of Common Stock held by the Company as treasury stock or held by Parent or Acquisition Sub immediately prior to the Effective Time (including such shares of Common Stock that were accepted for payment pursuant to the Offer) shall automatically be canceled and retired and shall cease to exist, and no consideration or payment shall be delivered in exchange therefor or in respect thereof.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Nortek Inc)

Cancellation of Company Securities. Each share of Common Company Stock held by the Company as treasury stock or held directly by Parent or Acquisition Sub any Subsidiary of Parent (including Merger Sub) immediately prior to the Effective Time shall no longer be outstanding and shall automatically be canceled and retired and shall cease to exist, and no consideration or payment shall be delivered in exchange therefor or in respect thereofthereof (such shares, “Canceled Shares”).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Corindus Vascular Robotics, Inc.)

Cancellation of Company Securities. Each share of common stock, par value $0.01 per share, of the Company (the Company Common Stock Stock) held by the Company as treasury stock or held held, directly or indirectly, by Parent or Acquisition Merger Sub immediately prior to the Effective Time shall automatically be canceled and retired and shall cease to exist, and no consideration or payment shall be delivered in exchange therefor or in respect thereofthereof (such shares, Canceled Shares).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Boeing Co)

Cancellation of Company Securities. Each share of the Company's Common Stock Stock, par value $0.02 per share (the "Company Common Stock") held by the Company as treasury stock or held by Parent any wholly owned subsidiary of the Company or by Buyer or Acquisition Sub immediately prior to the Effective Time shall automatically be canceled and cancelled, retired and shall cease to exist, and no consideration or payment shall be delivered in exchange therefor or in respect thereof.

Appears in 1 contract

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

Cancellation of Company Securities. Each share of Company Common Stock held by the Company as treasury stock or held by Parent or Acquisition Sub (including as a result of the exercise of the Top-Up Option by Acquisition Sub) immediately prior to the Effective Time shall automatically be canceled and retired and shall cease to exist, and no consideration or payment shall be delivered in exchange therefor or in respect thereof, and each share of Company Common Stock owned by any subsidiary of the Company shall be converted into a share of capital stock of the Surviving Corporation.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Steinway Musical Instruments Inc)

Cancellation of Company Securities. Each share of Company Common Stock held by the Company as treasury stock or held by Parent or Acquisition Sub issued and outstanding immediately prior to the REIT Merger Effective Time that is held by any wholly owned Company Subsidiary, by Parent or by any Parent Subsidiary shall automatically be canceled and retired and shall cease to exist, and no consideration or payment shall be delivered in exchange therefor or in made with respect thereofthereto.

Appears in 1 contract

Samples: Agreement and Plan of Merger (RLJ Lodging Trust)

Cancellation of Company Securities. Each share of Company Common Stock held by the Company as treasury stock or held by Parent or Acquisition Sub immediately prior to the Effective Time shall automatically be canceled and retired and shall cease to exist, and no consideration or payment shall be delivered in exchange therefor or in respect thereof.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Epicor Software Corp)

Cancellation of Company Securities. Each share of Common Stock held by common stock, par value $0.0001 per share, of the Company as treasury stock or held by Parent or Acquisition Sub (“Company Common Stock”) issued and outstanding immediately prior to the Effective Time that is held by any wholly owned Subsidiary of the Company, by Parent or by any Subsidiary of Parent, and each share of Company Common Stock held by the Company, shall automatically be canceled and retired and shall cease to exist, and no consideration or payment shall be delivered in exchange therefor or in made with respect thereofthereto.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Brookdale Senior Living Inc.)

Cancellation of Company Securities. Each share of common stock, $0.001 par value per share, of the Company (the “Company Common Stock Stock”) held by the Company as treasury stock or held directly by Parent or Acquisition Sub any Subsidiary of Parent (including Merger Sub) immediately prior to the Effective Time shall automatically be canceled and retired and shall cease to exist, and no consideration or payment shall be delivered in exchange therefor or in respect thereofthereof (such shares, “Canceled Shares”).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Entellus Medical Inc)

Cancellation of Company Securities. Each share of common stock, par value $0.01 per share, of the Company (the “Company Common Stock Stock”) held by the Company as treasury stock or held held, directly or indirectly, by Parent or Acquisition Sub immediately prior to the Effective Time shall automatically be canceled and retired and shall cease to existexist as issued or outstanding shares, and no consideration or payment shall be delivered in exchange therefor or in respect thereof.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Kemet Corp)

Cancellation of Company Securities. Each share of common stock, par value $0.01 per share, of the Company (the “Company Common Stock Stock”) held by the Company as treasury stock or held directly by Parent or Acquisition Merger Sub immediately prior to the Effective Time shall automatically be canceled and retired and shall cease to exist, and no consideration or payment shall be delivered in exchange therefor or in respect thereofthereof (such shares, “Canceled Shares”).

Appears in 1 contract

Samples: Agreement and Plan of Merger (United Technologies Corp /De/)

Cancellation of Company Securities. Each share of Company Common Stock and each share of Company Preferred Stock held by the Company as treasury stock or held directly by Parent or Acquisition Sub any Subsidiary of Parent (including Merger Sub) immediately prior to the Effective Time shall no longer be outstanding and shall automatically be canceled and retired and shall cease to exist, and no consideration or payment shall be delivered in exchange therefor or in respect thereofthereof (such shares, “Canceled Shares”).

Appears in 1 contract

Samples: Voting Agreement (Cas Medical Systems Inc)

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