Cancellation of Excluded Shares. At the Effective Time, each Excluded Share, by virtue of the Merger and without any action on the part of the holder thereof, shall cease to be outstanding, shall be canceled and retired, and no shares of stock or other securities of Kroger or the Surviving Corporation shall be issuable, and no payment or other consideration shall be made or paid in respect of the Excluded Share.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Fred Meyer Inc), Agreement and Plan of Merger (Fred Meyer Inc), Agreement and Plan of Merger (Kroger Co)
Cancellation of Excluded Shares. At the Effective Time, each Excluded Share, by virtue of the Merger and without any action on the part of the holder thereof, shall cease to be outstandingany Person, shall be canceled and retired, and no shares of stock or other securities of Kroger theglobe or the Surviving Corporation shall be issuable, and no payment or other consideration shall be made or paid in respect of the such Excluded ShareShares.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Theglobe Com Inc), Agreement and Plan of Merger (Theglobe Com Inc)
Cancellation of Excluded Shares. At the Effective Time, each Excluded Share, by virtue of the Merger and without any action on the part of the holder thereof, each Excluded Share shall forthwith cease to be outstanding, outstanding and shall be canceled and retired, and no shares of stock or other securities of Kroger Parent, the Company or the Surviving Corporation shall be issuable, and no payment or other consideration shall be made or paid paid, in respect of the Excluded Sharethereof.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Merck & Co Inc), Agreement and Plan of Merger (El Paso Energy Corp/De)
Cancellation of Excluded Shares. At the Effective Time, each -------------------------------- Excluded Share, by virtue of the Merger and without any action on the part of the holder thereof, shall forthwith cease to be outstanding, shall be canceled and retired, and no shares of stock or other securities of Kroger Parent or the Surviving Corporation shall be issuable, and no payment or other consideration shall be made or paid paid, in respect of the Excluded Sharethereof.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Pulsepoint Communications)
