Exchange Fund. Promptly following the Effective Time, Parent shall deposit (or cause to be deposited) the aggregate Merger Consideration with the Payment Agent, for payment to the Company Stockholders pursuant to the provisions of this Article II (such cash amount being referred to herein as the “Exchange Fund”).
Appears in 6 contracts
Samples: Acquisition Agreement (Ca, Inc.), Acquisition Agreement (Rally Software Development Corp), Merger Agreement (Fusion-Io, Inc.)
Exchange Fund. Promptly following Prior to or substantially concurrently with the Effective Time, Parent shall deposit (or cause to be deposited) the aggregate Merger Consideration with the Payment Agent, for payment to the Company Stockholders pursuant to the provisions of this Article II III (such cash amount being referred to herein as the “Exchange Fund”).
Appears in 3 contracts
Samples: Merger Agreement (Nuance Communications, Inc.), Merger Agreement (Nuance Communications, Inc.), Merger Agreement (Transcend Services Inc)
Exchange Fund. Promptly following Prior to the Effective Time, Parent shall deposit (or cause to be deposited) with the Paying Agent, cash in the aggregate amount sufficient to pay the Merger Consideration with the Payment Agent, for payment in respect of all shares of Common Stock issued and outstanding immediately prior to the Company Stockholders Effective Time (excluding shares to be cancelled pursuant to the provisions of this Article II Section 2.7(a)(ii) hereof and Dissenting Shares) (such cash amount being referred to herein as the “Exchange Fund”).
Appears in 2 contracts
Samples: Merger Agreement (Kellwood Co), Merger Agreement (Kellwood Co)
Exchange Fund. Promptly following On or prior to the Effective Time, Parent shall deposit (or cause to be deposited) the aggregate Merger Consideration with the Payment Agent, for payment to the Company Stockholders pursuant to the provisions of this Article II (such cash amount being referred to herein as the “Exchange Fund”).
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Exchange Fund. Promptly following Prior to the Effective Time, Parent shall deposit (or cause to be deposited) with the Paying Agent, cash in the aggregate amount sufficient to pay the Merger Consideration with the Payment Agent, for payment in respect of all shares of Common Stock issued and outstanding immediately prior to the Company Stockholders Effective Time (excluding shares to be cancelled pursuant to Section 2.7(a)(ii) hereof and Dissenting Shares) (the provisions of this Article II (such cash amount being referred to herein as the “"Exchange Fund”").
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Exchange Fund. Promptly following the Effective Time (but in no event later than one (1) Business Day after the Effective Time), Parent shall deposit (or cause to be deposited) the aggregate Merger Consideration with the Payment Agent, for payment to the Company Stockholders pursuant to the provisions of this Article II (such cash amount being referred to herein as the “Exchange Fund”).
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