Distribution of Transmittal Letter. As soon as practicable after the Effective Time of Merger I (but in no event later than five (5) Business Days after the Effective Time of Merger I), Parent shall cause to be mailed to the record address on file with the Company of each record holder of a certificate or certificates evidencing Company Common Stock (including, but not limited to, each share of Company Preferred Stock converted into Company Common Stock) (the “Certificates”) and the former Optionholders and former Warrantholder a letter of transmittal in customary form (which shall specify that delivery shall be effected, and risk of loss and title to the Certificates shall pass, only upon delivery of the Certificates to Parent or its designated representative and shall be in such form and have such other provisions as Parent shall reasonably specify) (the “Transmittal Letter”) and, in the case of the Shareholders, instructions for such holder’s use in effecting the surrender of any Certificate held by such Shareholder, and the exercise of the rights of such holder to obtain its Merger Consideration. The Transmittal Letter shall also specify that the Holder, by executing the Transmittal Letter and, in the case of Shareholders, surrendering the Certificates in connection with Merger I, agrees to be bound by Section 2.5(i) and Section 3.3 of this Agreement.
Distribution of Transmittal Letter. As soon as practicable after the Effective Time, FRT shall mail to each RedChip Stockholder a letter of transmittal in customary form (the "Transmittal Letter") and instructions for such holder's use in effecting the surrender of the certificate or certificates evidencing RedChip Stock (the "Certificates") and the exercise of the rights of such holder to obtain its Merger Shares.
Distribution of Transmittal Letter. Prior to the Closing Date, ICE shall make available to and, as soon as practicable following the Effective Time (and, in any event, within five (5) Business Days thereafter), ICE shall cause to be mailed to each record holder of certificates evidencing Common Stock (the "CERTIFICATES") a letter of transmittal in customary form (which shall specify that delivery shall be effected, and risk of loss and title to the Certificates shall pass, only upon delivery of the Certificates to ICE or its designated representative and shall be in such form and have such other customary provisions as ICE shall reasonably specify) (the "TRANSMITTAL LETTER") and instructions for such holder's use in effecting the surrender of the Certificates and the exercise of the rights of such holder to obtain its portion of the Merger Consideration.
Distribution of Transmittal Letter. As soon as practicable after the Effective Time, Parent shall make available to each holder of Company Stock a letter of transmittal in customary form (the "TRANSMITTAL LETTER") and instructions for such holder's use in effecting the surrender of the certificate or certificates evidencing Company Stock (the "CERTIFICATES") and the exercise of the rights of such holder to obtain its Merger Shares.
Distribution of Transmittal Letter. As soon as practicable after the Effective Time, Parent shall cause to be mailed to each record holder of certificates or certificates evidencing Company Common Stock, Series A Preferred Stock, Series C Preferred Stock, Series D Preferred Stock and Series E Preferred Stock (the “Certificates”) a letter of transmittal in customary form (which shall specify that delivery shall be effected, and risk of loss and title to the Certificates shall pass, only upon delivery of the Certificates to Parent or its designated representative and shall be in such form and have such other provisions as Parent shall reasonably specify) (the “Transmittal Letter”) and instructions for such holder’s use in effecting the surrender of the Certificate and the exercise of the rights of such holder to obtain its Merger Shares.
Distribution of Transmittal Letter. As soon as practicable after the Effective Time, but in any event no later than two business days thereafter, Buyer shall, or shall cause K&L Gates, LLP to, make available to each Shareholder a letter of transmittal in substantially the form attached hereto as Exhibit E (the “Transmittal Letter”), which Transmittal Letter shall, among other things, (i) acknowledge that the shares of Buyer Common Stock are restricted securities, (ii) to the extent that such Shareholder is not a Signing Shareholder, acknowledge that such Shareholder is agreeing to the appointment, and indemnification, of the Shareholder Representative, in accordance with the terms and conditions contained in Section 9.13 of this Agreement, (iii) to the extent that such Shareholder is not a Signing Shareholder, acknowledge that such Shareholder is agreeing to the indemnification obligations contained in Section 8.2(a)(i) of this Agreement, and (iv) provide instructions for such Shareholder’s use in effecting the surrender of the certificate or certificates evidencing Company Stock (the “Certificates”) in exchange for the Merger Consideration.
Distribution of Transmittal Letter. As soon as practicable after the Effective Time, Parent shall cause to be mailed to each record holder of certificates or certificates evidencing Company Stock or Preferred Stock (the "Certificates") a letter of transmittal in customary form (which shall specify that delivery shall be effected, and risk of loss and title to the Certificates shall pass, only upon delivery of the Certificates to Parent or its designated representative and shall be in such form and have such other provisions as Parent shall reasonably specify) (the "Transmittal Letter") and instructions for such holder's use in effecting the surrender of the Certificate and the exercise of the rights of such holder to obtain its Merger Shares.
Distribution of Transmittal Letter. As soon as practicable after the Effective Time, Buyer shall cause to be mailed to each record holder of a Certificate who did not surrender such Certificate at the Closing a letter of transmittal in customary form (which shall specify that delivery shall be effected, and risk of loss and title to the Certificates shall pass, only upon delivery of the Certificates to Buyer or its designated representative and shall be in such form and have such other provisions as Buyer shall reasonably specify) (the “Transmittal Letter”) and instructions for such holder’s use in effecting the surrender of the Certificates and the exercise of the rights of such holder to obtain its Per Share Closing Consideration and Per Share Deferred Consideration to which such holder is entitled pursuant to Section 2.6.2.
Distribution of Transmittal Letter. As soon as practicable after the Effective Time (but in no event later than five (5) business days after the Effective Time), Parent shall cause to be mailed to each record holder of certificates or certificates evidencing Common Stock or Preferred Stock (the "Certificates") a letter of transmittal in customary form (which shall specify that delivery shall be effected, and risk of loss and title to the Certificates shall pass, only upon delivery of the Certificates to Parent or its designated representative and shall be in such form and have such other provisions as Parent shall reasonably specify) (the "Transmittal Letter") and instructions for such holder's use in effecting the surrender of the Certificate and the exercise of the rights of such holder to obtain its Merger Shares.
Distribution of Transmittal Letter. As soon as practicable following the Effective Time but in no event more than ten (10) Business Days following the Effective Time, Acquirer shall cause the Paying Agent to mail to each Record Holder a letter of transmittal in substantially the form attached hereto as Exhibit F (the “Letter of Transmittal”).
