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), Agreement and Plan of Merger (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: Agreement and Plan of Merger (Nuance Communications, Inc.), Agreement and Plan of Merger (Nuance Communications, Inc.), Agreement and Plan of Merger (Transcend Services Inc)
Exchange Fund. Promptly following (i) At or prior to the Effective TimeClosing, Parent shall deposit (or cause to be deposited) the aggregate Merger Consideration with the Payment Paying Agent, for payment to the holders of shares of Company Stockholders Common Stock pursuant to the provisions of this Article II II, by transfer of immediately available funds, an amount of cash sufficient to pay the aggregate Merger Consideration (such cash amount being referred to herein as amount, the “Exchange Fund”).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Neophotonics Corp), Agreement and Plan of Merger (Lumentum Holdings Inc.)
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”).
Appears in 1 contract
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”).
Appears in 1 contract
Samples: Agreement and Plan of Merger (Lattice Semiconductor Corp)