Distribution on Termination Date. On the Termination Date, the Trustee shall:
Distribution on Termination Date. On the Termination Date, if any Escrowed Assets remain undisbursed (the “Undisputed Assets”), the Escrow Agent shall, not more than (5) Business Days after the Termination Date, disburse the Undisputed Assets to the Company Shareholders in accordance with the instructions of the Company Shareholders’ Representative.
Distribution on Termination Date. (a) If the Termination Date occurs pursuant to Section 1.2 (iii) above because the stockholders of Acquiror approve the Merger, then upon receipt of a memorandum 2 of the parties stating that this Agreement has terminated pursuant to Section 1.2(iii), the Escrow Agent shall, within five (5) business days following the receipt of the memorandum, deliver to the Target Stockholders all of the Nasdaq Escrow Shares. Deliveries of these shares to the Target Stockholders pursuant to this provision shall be made on a pro rata basis in accordance with the number of shares of Target Common Stock held by the Target Stockholders at the Effective Time.
