Cancellation of Excluded Shares. Each Excluded Share referred to in clause 4.1(a)(i)(x) or 4.1(a)(i)(y) shall, by virtue of the Merger and without any action on the part of the holder thereof, cease to be outstanding, be cancelled automatically and cease to exist without payment of any consideration therefor (except, in the case of Excluded Shares referred to in Section 4.1(a)(i)(y), as provided in Article 13 of the WVBCA).
Appears in 3 contracts
Samples: Agreement and Plan of Merger (McJunkin Red Man Corp), Agreement and Plan of Merger (Goldman Sachs Group Inc), Agreement and Plan of Merger (McJunkin Red Man Holding Corp)
Cancellation of Excluded Shares. Each Excluded Share referred to in Section 4.1(a) (other than Dissenting Shares, which are addressed in clause 4.1(a)(i)(x(d) or 4.1(a)(i)(y) shallbelow), by virtue of the Merger and without any action on the part of the holder thereof, shall cease to be outstanding, shall be cancelled automatically and cease to exist without payment of any consideration therefor (except, in the case of Excluded Shares referred and shall cease to in Section 4.1(a)(i)(y), as provided in Article 13 of the WVBCA)exist.
Appears in 2 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Topps Co Inc)
Cancellation of Excluded Shares. Each Excluded Share referred to in clause 4.1(a)(i)(xSections 4.1(a)(i) or 4.1(a)(i)(yand 4.1(a)(ii) shall, by virtue of the Merger and without any action on the part of the holder thereof, cease to be outstanding, shall be cancelled automatically and cease to exist without payment of any consideration therefor (exceptand shall cease to exist, in subject, as applicable, to the case right of each Excluded Shares Share referred to in Section 4.1(a)(i)(y), as provided 4.1(a)(ii) to receive the payment to which reference is made in Article 13 of the WVBCASection 4.2(f).
Appears in 1 contract
Cancellation of Excluded Shares. Each Excluded Share (other than the Dissenting Shares, which are addressed in clause (d) below) referred to in clause 4.1(a)(i)(x) or 4.1(a)(i)(y) shallSection 4.1(a), by virtue of the Merger and without any action on the part of the holder thereof, shall cease to be outstanding, shall be cancelled automatically and cease to exist without payment of any consideration therefor (except, in the case of Excluded Shares referred and shall cease to in Section 4.1(a)(i)(y), as provided in Article 13 of the WVBCA)exist.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Sm&A)
Cancellation of Excluded Shares. Each Excluded Share referred to described in clause 4.1(a)(i)(x) or 4.1(a)(i)(ySections 2.1(a)(i) shall, by virtue of the REIT Merger and without any action on the part of the holder thereof, cease to be outstanding, shall be cancelled automatically and cease to exist without payment of any consideration therefor (except, in the case of and shall cease to exist and any Excluded Shares referred to Share described in Section 4.1(a)(i)(y), as provided in Article 13 of the WVBCA)2.1(a)(ii) shall remain outstanding.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Meristar Hospitality Operating Partnership Lp)
Cancellation of Excluded Shares. Each Excluded Share referred to in Section 5.1(a) (other than Dissenting Shares, which are addressed in clause 4.1(a)(i)(x(d) or 4.1(a)(i)(y) shallbelow), by virtue of the Merger and without any action on the part of the holder thereof, shall cease to be outstanding, shall be cancelled automatically and cease to exist without payment of any consideration therefor (except, in the case of Excluded Shares referred and shall cease to in Section 4.1(a)(i)(y), as provided in Article 13 of the WVBCA)exist.
Appears in 1 contract
