Common use of Extinction of Rights Clause in Contracts

Extinction of Rights. Any certificate which immediately prior to the Effective Time represented outstanding Company Shares or Holdco Shares that were not deposited, with all other instruments required by Section 3.1, on or prior to the sixth anniversary of the Effective Date shall cease to represent a claim or interest of any kind or nature as a shareholder of the Company or for the receipt of cash pursuant to Sections 2.2 and 3.1. On such date, the cash to which the former holder of the certificate referred to in the preceding sentence was ultimately entitled shall be deemed to have been surrendered for no consideration to the Company, together with all entitlements to dividends, distributions and interest thereon held for such former holder. The Company shall not be liable to any Person in respect of any cash delivered to a public official pursuant to any applicable abandoned property, escheat or similar law.

Appears in 2 contracts

Samples: Arrangement Agreement (Symmetry Holdings Inc), Arrangement Agreement (Symmetry Holdings Inc)

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Extinction of Rights. Any certificate which immediately prior to the Effective Time represented outstanding Company Shares or Holdco Shares that were transferred pursuant to Section 3.1, and not deposited, with all other instruments required by Section 3.14.1, on or prior to the sixth anniversary of the Effective Date shall cease to represent a claim or interest of any kind or nature as a shareholder of the Company 724 Solutions or for the receipt of cash pursuant to Sections 2.2 and 3.1cash. On such date, the cash to which the former holder Holder of the certificate referred to in the preceding sentence was ultimately entitled shall be deemed to have been surrendered for no consideration to the CompanyHoldings, together with all entitlements to dividends, distributions and interest thereon held for such former holderHolder. The Company Neither Holdings nor 724 Solutions shall not be liable to any Person in respect of any cash delivered to a public official pursuant to any applicable abandoned property, escheat or similar law.

Appears in 2 contracts

Samples: Arrangement Agreement (Austin Ventures Vi L P), Arrangement Agreement (724 Solutions Inc)

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Extinction of Rights. Any certificate which immediately prior to the Effective Time represented outstanding Company Shares or Holdco Shares that were transferred pursuant to section 3.1, and not deposited, with all other instruments required by Section 3.1section 4.1, on or prior to the sixth anniversary of the Effective Date shall cease to represent a claim or interest of any kind or nature as a shareholder of the Company or for the receipt of cash pursuant to Sections 2.2 and 3.1cash. On such date, the cash to which the former holder Holder of the certificate referred to in the preceding sentence was ultimately entitled shall be deemed to have been surrendered for no consideration to the CompanyAcquisitionco, together with all entitlements to dividends, distributions and interest thereon held for such former holderHolder. The None of Acquisitionco or the Company shall not be liable to any Person in respect of any cash delivered to a public official pursuant to any applicable abandoned property, escheat or similar lawLaw.

Appears in 1 contract

Samples: Combination Agreement (Masonite International Corp)

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