Exchange Fund. (i) Parent shall appoint a bank or trust company reasonably acceptable to the Company to act as the exchange agent for the Merger (the “Exchange Agent”) pursuant to an agreement reasonably acceptable to the Company entered into prior to the earlier of (i) date on which, if necessary, Parent and the Company disseminate the Proxy Statement or (ii) the Closing.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Ramtron International Corp), Agreement and Plan of Merger (Cypress Semiconductor Corp /De/), Agreement and Plan of Merger (Emc Corp)
Exchange Fund. (ia) Prior to the Effective Time, Parent shall appoint a commercial bank or trust company reasonably acceptable to the Company to act as the exchange agent hereunder for the purpose of exchanging Shares for the Merger Consideration (the “"Exchange Agent”) pursuant to an agreement reasonably acceptable to the Company entered into prior to the earlier of (i) date on which, if necessary, Parent and the Company disseminate the Proxy Statement or (ii) the Closing").
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Synopsys Inc), Agreement and Plan of Merger (Nfo Worldwide Inc), Agreement and Plan of Merger (Interpublic Group of Companies Inc)
Exchange Fund. (i) Prior to the date on which Parent and the Company shall disseminate the Proxy Statement/Prospectus, Parent shall appoint select a bank or trust company reasonably acceptable to the Company to act as the exchange agent for the Merger (the “Exchange Agent”) pursuant to an agreement reasonably acceptable to the Company entered into prior to the earlier of (i) date on which, if necessary, Parent and the Company disseminate the Proxy Statement or (ii) the Closing).
Appears in 2 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Market Leader, Inc.)
Exchange Fund. (i) Parent shall appoint a bank or trust company reasonably acceptable to the Company to act as the exchange agent for the Merger (the “Exchange Agent”) pursuant to an agreement reasonably acceptable to the Company entered into prior to the earlier of (i) date on which, if necessary, which Parent and the Company disseminate the Proxy Statement or (ii) the ClosingStatement/Prospectus.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (NetApp, Inc.), Agreement and Plan of Merger (Td Ameritrade Holding Corp)
Exchange Fund. (i) Prior to the Closing Date, Parent shall appoint select a bank or trust company reasonably acceptable to the Company to act as the exchange agent for the Merger (the “Exchange Agent”) pursuant to an agreement reasonably acceptable to the Company entered into prior to the earlier of (i) date on which, if necessary, Parent and the Company disseminate the Proxy Statement or (ii) the Closing).
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (Entropic Communications Inc), Agreement and Plan of Merger and Reorganization (Maxlinear Inc)
Exchange Fund. (ia) Prior to the Effective Time, Parent shall appoint a commercial bank or trust company reasonably acceptable to the Company to act as the exchange agent for the Merger hereunder (the “Exchange Agent”) pursuant to an agreement reasonably acceptable to for purpose of exchanging Shares for the Company entered into prior to the earlier of (i) date on which, if necessary, Parent and the Company disseminate the Proxy Statement or (ii) the Closingaggregate Merger Consideration.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Trunkbow International Holdings LTD)
Exchange Fund. (i) Parent shall appoint a bank or trust company reasonably acceptable to the Company to act as the exchange agent for the Merger (the “"Exchange Agent”") pursuant to an agreement reasonably acceptable to the Company entered into prior to the earlier of (i) date on which, if necessary, which Parent and the Company disseminate the Proxy Statement or (ii) the ClosingStatement/Prospectus.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Thinkorswim Group Inc.)
Exchange Fund. (ia) Prior to the Effective Time, Parent shall appoint a commercial bank or trust company reasonably acceptable to the Company to act as the exchange agent hereunder for the purpose of exchanging Shares for the Merger Consideration (the “Exchange Agent”) pursuant to an agreement reasonably acceptable to the Company entered into prior to the earlier of (i) date on which, if necessary, Parent and the Company disseminate the Proxy Statement or (ii) the Closing"EXCHANGE AGENT").
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Exchange Fund. (i) Prior to the date on which Parent and the Company shall disseminate the Proxy Statement, Parent shall appoint select a bank or trust company reasonably acceptable to the Company to act as the exchange agent for the Merger (the “Exchange Agent”) pursuant to an agreement reasonably acceptable to the Company entered into prior to the earlier of (i) date on which, if necessary, Parent and the Company disseminate the Proxy Statement or (ii) the Closing).
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Exchange Fund. (ia) Prior to the Effective Time, Parent shall appoint a commercial bank or trust company reasonably acceptable company, with the Company’s prior approval (such approval not to the Company be unreasonably withheld), to act as the exchange agent hereunder for the purpose of cancelling the Shares in exchange for the Merger Consideration (the “Exchange Agent”) pursuant to an agreement reasonably acceptable to the Company entered into prior to the earlier of (i) date on which, if necessary, Parent and the Company disseminate the Proxy Statement or (ii) the Closing).
Appears in 1 contract
Samples: Agreement and Plan of Merger (Funtalk China Holdings LTD)
Exchange Fund. (ia) Prior to the Effective Time, Parent shall appoint a commercial bank or trust company company, with the Company's prior approval, to act as exchange agent hereunder for the purpose of exchanging Shares and ADSs for the Merger Consideration (the "Exchange Agent"). The agreement between Parent and the Exchange Agent shall be in a form reasonably acceptable to the Company to act as the exchange agent for the Merger (the “Exchange Agent”) pursuant to an agreement reasonably acceptable to the Company entered into prior to the earlier of (i) date on which, if necessary, Parent and the Company disseminate the Proxy Statement or (ii) the ClosingCompany.
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Exchange Fund. (ia) Prior to the Effective Time, Parent shall appoint a commercial bank or trust company reasonably acceptable company, with the Company’s prior approval (such approval not to the Company be unreasonably withheld), to act as the exchange agent hereunder for the purpose of cancelling the Shares in exchange for the Merger Consideration (the “Exchange Agent”) pursuant to an ). Parent shall enter into a paying agent agreement with the Paying Agent, in form and substance reasonably acceptable to the Company entered into prior to the earlier of (i) date on which, if necessary, Parent and the Company disseminate the Proxy Statement or (ii) the ClosingParent.
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