Common use of DELIVERY, EXCHANGE AND PAYMENT Clause in Contracts

DELIVERY, EXCHANGE AND PAYMENT. (a) At or after the Effective Time: (i) each Stockholder, as the holder of certificates representing shares of Company Common Stock, will, on surrender of those certificates to Apple (or any agent that may be appointed by Apple for purposes of this Section 2.05), receive, subject to the provisions of this Section 2.05 and Section 2.06, his Pro-Rata Share of the Merger Consideration; and (ii) until any certificate representing Company Common Stock has been surrendered and replaced pursuant to this Section 2.05, that certificate will, for all purposes, be deemed to evidence ownership of the number of whole shares of Apple Common Stock included in the Merger Consideration payable in respect of that certificate pursuant to Section 2.04. All shares of Apple Common Stock issuable in the Merger will be deemed for all purposes to have been issued by Apple at the Effective Time.

Appears in 16 contracts

Samples: Agreement and Plan of Reorganization (Apple Orthodontix Inc), Agreement and Plan of Reorganization (Apple Orthodontix Inc), Agreement and Plan of Reorganization (Apple Orthodontix Inc)

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