Common use of Distributions with Respect to Unexchanged Shares Clause in Contracts

Distributions with Respect to Unexchanged Shares. No dividends or other distributions declared or made with respect to Parent Common Stock with a record date after the Effective Time will be paid to the holder of any unsurrendered Company Stock Certificate with respect to the shares of Parent Common Stock that such holder has the right to receive in the Merger until such holder surrenders such Company Stock Certificate in accordance with this Section 1.8 (at which time such holder will be entitled, subject to the effect of applicable escheat or similar laws, to receive all such dividends and distributions, without interest).

Distributions with Respect to Unexchanged Shares. No dividends or other distributions declared or made with respect to shares of Parent Common Stock with a record date after the Effective Time will shall be paid to the holder of any unsurrendered Certificate or Uncertificated Company Stock Certificate with respect to the shares of Parent Common Stock that such holder has the right would be entitled to receive in the Merger until such holder surrenders such Company Stock Certificate in accordance with this Section 1.8 upon surrender thereof (at which time such holder will shall be entitled, subject to the effect of applicable escheat or similar laws, to receive all such dividends and distributions, without interest).

Distributions with Respect to Unexchanged Shares. No dividends or other distributions declared or made after the date of this Agreement with respect to Parent Common Stock with a record date after the Effective Time will be paid to the holder holders of any unsurrendered Company Stock Certificate with Certificates that have not been properly surrendered in respect to of the shares of Parent Common Stock that represented thereby until the holders of record of such holder has the right to receive in the Merger until Certificates shall surrender such holder surrenders such Company Stock Certificate in accordance with this Section 1.8 (at which time such holder will be entitled, subject to the effect of applicable escheat or similar laws, to receive all such dividends and distributions, without interest)Certificates.

Distributions with Respect to Unexchanged Shares. No dividends or other distributions declared or made with respect to Parent Common Stock with a record date after the Effective Time will be paid to the holder of any unsurrendered Company Stock Certificate with respect to the shares of Parent Common Stock that such holder has the right to receive in the Merger until such holder surrenders such Company Stock Certificate in accordance with this Section 1.8 1.08 (at which time such holder will be entitled, subject to the effect of applicable escheat or similar laws, to receive all such dividends and distributions, without interest).

Distributions with Respect to Unexchanged Shares. No dividends or other distributions declared or made with respect to Parent Common Capital Stock with a record date after the Effective Time will be paid to the holder of any unsurrendered Company Stock Certificate with respect to the shares of Parent Common Capital Stock that such holder has the right to receive in the Merger until such holder surrenders such Company Stock Certificate in accordance with this Section 1.8 (at which time such holder will be entitled, subject to the effect of applicable escheat or similar laws, to receive all such dividends and distributions, without interest).

Distributions with Respect to Unexchanged Shares. No dividends or other distributions declared or made with respect to Parent Common Stock with a record date after the Effective Time will be paid to the holder of any unsurrendered Company Stock Certificate with respect to the shares of Parent Common Stock that such holder has the right to receive in the Merger until such holder surrenders such Company Stock Certificate in accordance with this Section 1.8 1.07 (at which time such holder will be entitled, subject to the effect of applicable escheat or similar laws, to receive all such dividends and distributions, without interest).

Distributions with Respect to Unexchanged Shares. No dividends or other distributions declared or made with respect to Parent shares of Acquiror Preferred Stock or Acquiror Common Stock with a record date after the Effective Time will be paid to the holder of any unsurrendered Company Stock Certificate with respect to the shares of Parent Acquiror Preferred Stock or Acquiror Common Stock that represented thereby until the holder of record of such holder has Certificate shall have surrendered such Certificate or the right to receive in Affidavit, and shall have complied with the Merger until such holder surrenders such Company Stock Certificate in accordance with this requirements of Section 1.8 (at which time such holder will be entitled, subject to the effect of applicable escheat or similar laws, to receive all such dividends and distributions, without interest1.6(a).

Distributions with Respect to Unexchanged Shares. No dividends or other distributions declared or made with respect to Parent Common Stock with a record date after the Effective Time will of the Merger shall be paid to the holder of any unsurrendered certificate for shares of Company Common Stock Certificate with respect to the shares of Parent Common Stock that represented thereby until the surrender of such holder has the right to receive in the Merger until such holder surrenders such Company Stock Certificate certificate in accordance with this Section 1.8 (at which time such holder will be entitled, subject to the effect of applicable escheat or similar laws, to receive all such dividends and distributions, without interest)Article II.

Distributions with Respect to Unexchanged Shares. No dividends or other distributions declared or made with respect to Parent Common Stock with a record date after the Effective Time will be paid to the holder Company Stockholder of any unsurrendered Company Stock Certificate with respect to the shares of Parent Common Stock that such holder Company Stockholder has the right to receive in the Merger until such holder surrenders such Company Stock Certificate in accordance Stockholder complies with the terms of this Section 1.8 1.8, (at which time such holder Company Stockholder will be entitled, subject to the effect of applicable escheat or similar laws, to receive all such dividends and distributions, without interest).

Distributions with Respect to Unexchanged Shares. No dividends or other distributions declared or made with respect to Parent Common Stock with a record date after the Effective Time will be paid to the holder of any unsurrendered unexchanged Company Stock Certificate Common Unit with respect to the shares of Parent Common Stock that such holder has the right to receive in the Merger until such holder surrenders exchanges such Company Stock Certificate Common Unit in accordance with this Section 1.8 1.07 (at which time such holder will be entitled, subject to the effect of applicable escheat or similar laws, to receive all such dividends and distributions, without interest).

Distributions with Respect to Unexchanged Shares. No dividends or other distributions declared or made with respect to the shares of Parent Common Stock or Series B Stock with a record date after the Effective Time will shall be paid to the holder of any unsurrendered Company Stock Certificate with respect to the applicable shares of Parent Company Common Stock that such holder has complied with the right to receive in the Merger until such holder surrenders such Company Stock Certificate in accordance with this provisions of Section 1.8 (at which time such holder will be entitled, subject to the effect of applicable escheat or similar laws, to receive all such dividends and distributions, without interest2.08(a).

Distributions with Respect to Unexchanged Shares. No dividends or other distributions declared or made with respect to Parent Common Stock with a record date after the Effective Time will be paid to the holder of any unsurrendered Company Stock Certificate with respect to the shares of Parent Common Stock that such holder has the right to receive in the Merger until such holder surrenders such Company Stock Certificate in accordance with this Section 1.8 (at which time such holder will be entitled, subject to the effect of applicable escheat or similar laws, to receive all such dividends and distributions, without interest).Common

Distributions with Respect to Unexchanged Shares. No dividends or other distributions declared or made with respect to Parent Common Stock declared or made before or after the Effective Time with a record date after the Effective Time will shall be paid to the holder of any unsurrendered Company Stock Certificate with respect to the right to receive shares of Parent Common Stock that represented thereby and no cash payment in lieu of fractional shares shall be paid to any such holder has pursuant to Section 2.2(e) until the right holder of such Certificate shall surrender such Certificate and, with respect to receive in the Merger Escrowed Shares, until such holder surrenders such Company Stock Certificate other time as provided in accordance with this Section 1.8 (at which time such holder will be entitled, subject to the effect of applicable escheat or similar laws, to receive all such dividends and distributions, without interest).the

Distributions with Respect to Unexchanged Shares. No dividends or other distributions declared or made with respect to shares of Parent Common Stock with a record date after the Effective Time will shall be paid to the holder of any unsurrendered Company Stock Certificate with respect to the shares of Parent Common Stock that such holder has the right would be entitled to receive in the Merger until such holder surrenders such Company Stock Certificate in accordance with this Section 1.8 (at which time such holder will be entitled, subject to the effect of applicable escheat or similar laws, to receive all such dividends and distributions, without interest).upon surrender of

Distributions with Respect to Unexchanged Shares. No dividends or other distributions declared or made with respect to Parent EXCALIBER Common Stock with a record date after the Effective Time will shall be paid to the holder of any unsurrendered Company Certificate for VISTAGEN Common Stock Certificate with respect to the shares of Parent EXCALIBER Common Stock that such holder has Stock, the right to receive in which is represented thereby, until the Merger until surrender of such holder surrenders such Company Stock Certificate in accordance with this Section 1.8 (at which time such holder will be entitled, subject to the effect of applicable escheat or similar laws, to receive all such dividends and distributions, without interest)2.10.

Distributions with Respect to Unexchanged Shares. No dividends or other distributions declared or made after the Effective Time with respect to Parent Common Stock with a record date after the Effective Time but prior to the surrender of a Certificate (or the delivery of the affidavit and bond, if any, specified in Section 2.10(e)) will be paid to the holder of any unsurrendered Company Stock such Certificate with in respect to of the shares of Parent Common Stock that such holder has the right to receive in the Merger until such holder surrenders such Company Stock Certificate in accordance with this Section 1.8 (at which time such holder will be entitled, subject to the effect of applicable escheat or similar laws, to receive all such dividends and distributions, without interest)exchangeable therefor.

Distributions with Respect to Unexchanged Shares. No dividends or other distributions declared or made with respect to Parent shares of Acquiror Preferred Stock or Acquiror Common Stock with a record date after the Effective Time will be paid to the holder of any unsurrendered Company Stock Certificate with respect to the shares of Parent Acquiror Preferred Stock or Acquiror Common Stock that represented thereby until the holder of record of such holder has Certificate shall have surrendered such Certificate or the right to receive in Affidavit, and shall have complied with the Merger until such holder surrenders such Company Stock Certificate in accordance with this requirements of Section 1.8 (at which time such holder will be entitled, subject to the effect 1.6(a). Table of applicable escheat or similar laws, to receive all such dividends and distributions, without interest).Contents

Distributions with Respect to Unexchanged Shares. No dividends or other distributions declared or made with respect to Parent Common Stock with a record date after the Effective Time will be paid to the holder of any unsurrendered Company Stock Certificate with respect to the shares of Parent Common Stock that such represented thereby until the holder has the right to receive in the Merger until such holder surrenders of record of such Company Stock Certificate in accordance with this Section 1.8 (at which time shall surrender such holder will be entitled, subject Company Certificate. Subject to the effect of applicable escheat or similar laws, to receive all such dividends and distributions, without interest).escheat

Distributions with Respect to Unexchanged Shares. No dividends or other distributions declared or made with respect to shares of Parent Common Stock with a record date after the Effective Time will of the Merger shall be paid to the holder of any unsurrendered certificate(s) for shares of Company Common Stock Certificate with respect to the shares of Parent Common Stock that represented thereby and no cash payment in lieu of fractional shares shall be paid to any such holder has the right pursuant to receive in the Merger until such holder surrenders such Company Stock Certificate in accordance with this Section 1.8 (at which time such holder will be entitled, subject to the effect of applicable escheat or similar laws, to receive all such dividends and distributions, without interest).Section