Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by Parent, on a daily basis. Any interest and other income resulting from such investments shall be paid to Parent.
Appears in 55 contracts
Samples: Agreement and Plan of Merger (Authentec Inc), Agreement and Plan of Merger (Coast Hotels & Casinos Inc), Agreement and Plan of Merger (Public Service Co of New Mexico)
Investment of Exchange Fund. The Exchange Paying Agent shall invest any cash included in the Exchange Fund, as directed by Parent, on a daily basis. Any interest and other income resulting from such investments shall be paid to Parent.
Appears in 24 contracts
Samples: Agreement and Plan of Merger (Accelrys, Inc.), Agreement and Plan of Merger (Specialty Laboratories Inc), Agreement and Plan of Merger (Ventas Inc)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by Parent, Parent on a daily basis. Any interest and other income resulting from such investments shall be paid to Parent.
Appears in 11 contracts
Samples: Agreement and Plan of Merger (Macrochem Corp), Agreement and Plan of Merger (Somanta Pharmaceuticals Inc.), Agreement and Plan of Merger (Access Pharmaceuticals Inc)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, Fund as directed by Parent, Parent on a daily basis. ; provided that no gain or loss thereon or income or loss generated thereby shall affect the amounts payable to Company stockholders pursuant to this Article I. Any interest and other income resulting from such investments investment shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to Company stockholders pursuant to this Article I shall promptly be paid to Parent.
Appears in 6 contracts
Samples: Agreement and Plan of Reorganization (Omniture, Inc.), Agreement and Plan of Reorganization (Visual Sciences, Inc.), Agreement and Plan of Reorganization (Omniture, Inc.)
Investment of Exchange Fund. The Exchange Agent shall invest any the cash included in the Exchange Fund, as directed by Parent, on a daily basis. Any interest and other income resulting from such investments shall be paid to ParentParent upon termination of the Exchange Fund pursuant to Section 2.3(e).
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Intersil Corp/De), Agreement and Plan of Merger (Intersil Corp/De), Agreement and Plan of Merger (Xicor Inc)
Investment of Exchange Fund. The Exchange Agent shall invest any --------------------------- cash included in the Exchange Fund, as directed by Parent, on a daily basis. Any interest and other income resulting from such investments shall be paid to Parent.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Berkshire Hathaway Inc /De/), Agreement and Plan of Merger (Ginsburg Scott K), Agreement and Plan of Merger (Mandaric Milan)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by Parent, on a daily basis. Any interest and other income resulting from such investments shall be paid to Parent. In the event the Exchange Fund shall realize a loss on any such investment, Parent shall promptly thereafter deposit, or cause to be deposited, in such Exchange Fund on behalf of the Surviving Corporation cash in an amount equal to such loss.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Amerac Energy Corp), Agreement and Plan of Merger (Domain Energy Corp), Agreement and Plan of Merger (Southern Mineral Corp)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, Fund as directed by Parent, Parent on a daily basis. ; provided that no such investment or loss thereon shall affect the amounts payable to the Company stockholders pursuant to this Article I. Any interest and other income resulting from such investments investment shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to the Company stockholders pursuant to this Article I shall promptly be paid to Parent.
Appears in 4 contracts
Samples: Agreement and Plan of Reorganization (Palm Inc), Agreement and Plan of Reorganization (Palm Inc), Agreement and Plan of Reorganization (Speechworks International Inc)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, Fund on a daily basis as directed by Parent, on a daily basis. Any interest and other income resulting from such investments shall be paid to Parent.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Beazer Homes Usa Inc), Agreement and Plan of Merger (Crossmann Communities Inc), Agreement and Plan of Merger (Crossmann Communities Inc)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by Parent, on a daily basis. Any interest and other income resulting from such investments shall be the property of, and shall be paid to, Parent. Any losses resulting from such investments shall not in any way diminish Parent's and Merger Sub's obligation to Parentpay the full amount of the Merger Consideration.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Pacificare Health Systems Inc /De/), Agreement and Plan of Merger (Unitedhealth Group Inc), Agreement and Plan of Merger (Mid Atlantic Medical Services Inc)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange FundFund in deposit accounts or short-term money market instruments, as directed by Parent, on a daily basis. Any interest and other income resulting from such investments shall be paid to Parent.
Appears in 2 contracts
Samples: Plan and Agreement of Merger (Avocent Corp), Plan and Agreement of Merger (Equinox Systems Inc)
Investment of Exchange Fund. The Exchange Agent shall will invest any cash included in the Exchange Fund, as directed by Parent, on a daily basis. Any interest and other income resulting from such investments shall will be paid to Parent.
Appears in 2 contracts
Samples: Amended and Restated Agreement and Plan of Merger (CTS Corp), Agreement and Plan of Merger (Dynamics Corp of America)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by Parent, on a daily basis. Any interest and other income resulting from such investments shall be paid to the Parent.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Physician Reliance Network Inc), Agreement and Plan of Merger (American Oncology Resources Inc /De/)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by Parent in a manner consistent with Parent's investment of its own funds, on a daily basis. Any interest and other income resulting from such investments shall be paid to Parent. In the event the Exchange Fund shall realize a loss on any such investment, Parent shall promptly thereafter deposit, or cause to be deposited, in such Exchange Fund on behalf of the Surviving Corporation cash in an amount equal to such loss.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Cavalier Homes Inc), Agreement and Plan of Merger (Belmont Homes Inc)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by ParentBuyer, on a daily basis. Any interest and other income resulting from such investments shall will be paid to ParentBuyer.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Parker Hannifin Corp), Agreement and Plan of Merger (Commercial Intertech Corp)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by Parent, on a daily basis. Any interest and other income resulting from such investments shall will be paid to Parent.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Smtek International Inc), Agreement and Plan of Merger (CTS Corp)
Investment of Exchange Fund. The Exchange Agent shall may invest any cash included in the Exchange FundFund in deposit accounts or short-term money market instruments, as directed by the Parent, on a daily basis. Any interest and other income resulting from such investments shall be paid to the Parent. The Parent shall deposit with the Exchange Agent as part of the Exchange Fund cash in an amount equal to any loss of principal resulting from such investments promptly after the incurrence of such a loss.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Halliburton Co), Agreement and Plan of Merger (Dresser Industries Inc /De/)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by Parent, on a daily basisbasis in reasonably prudent investments. Any interest and other income resulting from such investments shall be paid to Parent.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Sterling Software Inc), Agreement and Plan of Merger (Computer Associates International Inc)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by Parent, on a daily basis. Any interest and other income resulting from such investments shall be the property of and shall be paid to Parent.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Hi/Fn Inc), Agreement and Plan of Merger (Exar Corp)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, Fund as directed by Parent, Parent on a daily basis. Any interest and other income resulting from such investments shall be paid to Parent.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Walsh International Inc \De\), Agreement and Plan of Merger (Pharmaceutical Marketing Services Inc)
Investment of Exchange Fund. The Exchange Agent shall invest any --------------------------- cash included in the Exchange Fund, as directed by the Parent, on a daily basis. Any interest and other income resulting from such investments shall be paid to the Parent.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Aluminum Co of America), Alumax Inc
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, deposited with it pursuant to Section 2.2(a) as directed by Parent, on a daily basis. Any interest and other income resulting from such investments shall be paid to Parent.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Litton Industries Inc)
Investment of Exchange Fund. The Exchange Paying Agent shall invest any cash included in the Exchange Fund, as directed by ParentXxxxxx, on a daily basis. Any interest and other income resulting from such investments shall be paid to Parent.
Appears in 1 contract
Samples: Agreement and Plan of Merger (JRC Acquisition Corp)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, Fund as directed by Parent, Parent on a daily basis. Any interest and other income resulting from such investments shall promptly be paid to Parent.. 6.9
Appears in 1 contract
Samples: Intersolv Inc
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by Parent, on a daily basis. Any interest and other income resulting from such investments shall be paid to Parent.. (g)
Appears in 1 contract
Samples: Agreement and Plan of Share Exchange agreement (White River Capital Inc)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in held by it for payment to the Exchange Fund, Holders as directed by Parent, Parent on a daily basis. Any interest and other income resulting from such investments investment shall promptly be paid to Parent.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Rxi Pharmaceuticals Corp)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by Parent, on a daily basis. Any interest and other income resulting from such investments shall be paid to Parent and Newco on a pro rata basis based upon the amount of cash deposited into the Exchange Fund by Parent, on the one hand, and the Company and Newco, on the other hand.
Appears in 1 contract
Samples: Agreement and Plan of Split Off and Merger (Inverness Medical Technology Inc/De)
Investment of Exchange Fund. The Exchange Agent shall invest any ---------------------------- cash included in the Exchange Fund, as directed by Parent, on a daily basis. Any interest and other income resulting from such investments shall be paid to Parent.
Appears in 1 contract
Samples: Merger Agreement (Centocor Inc)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange FundFund in U. S. government securities, as directed by Parent, on a daily basis. Any interest and other income resulting from such investments shall be paid to Parent. SECTION 2.03.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Fleetwood Enterprises Inc/De/)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by ParentParent (but subject to the approval of the Company (prior to the Effective Time) or the Stockholders' Representatives (following the Effective Time), not to be unreasonably withheld or delayed), on a daily basis. Any interest and other income resulting from such investments shall be paid to ParentParent upon termination of the Exchange Fund pursuant to Section 1.7(e).
Appears in 1 contract
Samples: Agreement and Plan of Merger (Echo Healthcare Acquisition Corp.)
Investment of Exchange Fund. The Exchange Exchange/Payment Agent shall invest any cash included in the Exchange Fund, as directed by Parent, on a daily basis. Any interest and other income resulting from such investments shall be paid to Parent.
Appears in 1 contract
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange FundFund in U. S. government securities, as directed by Parent, on a daily basis. Any interest and other income resulting from such investments shall be paid to Parent.
Appears in 1 contract
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, Fund as directed by Parent, Parent on a daily basis. ; PROVIDED THAT no such investment or loss thereon shall affect the amounts payable to Company stockholders pursuant to this Article I. Any interest and other income resulting from such investments investment shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to Company stockholders pursuant to this Article I shall promptly be paid to Parent.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Automatic Data Processing Inc)
Investment of Exchange Fund. The Exchange Agent shall invest any all cash included in the Exchange Fund, as reasonably directed by Parent, on a daily basis. Any interest and other income resulting from such investments shall be paid to Parent.
Appears in 1 contract
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by Parent, on a daily basis. Any interest and other income resulting from such investments shall be paid to ParentParent or the Surviving Corporation.
Appears in 1 contract
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by ParentXxxxxx, on a daily basis. Any interest and other income resulting from such investments shall be paid to Parent.
Appears in 1 contract
Samples: Agreement and Plan of Merger
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by Parent, on a daily basis. Any interest and other income resulting from such investments shall be paid to Parent.. Section 3.3
Appears in 1 contract
Samples: Agreement and Plan of Reorganization and Merger (Peerless Systems Corp)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, Fund as directed by Parent, Parent on a daily basis; PROVIDED, that such investment shall be held in the form of obligations of the United States government or any agency or instrumentality thereof, investment-grade obligations of United States corporations or obligations of banks or trust companies whose capital and surplus exceeds $100,000,000, in each case having remaining maturities of no greater than three months. Any interest and other income resulting from such investments shall be paid to Parent.
Appears in 1 contract
Samples: Agreement and Plan of Merger (International Wireless Communications Holdings Inc)
Investment of Exchange Fund. The Exchange Agent shall invest any the cash included in the Exchange Fund, Fund as directed by Parent, Parent on a daily basis. ; provided, however, that no such investment or loss thereon shall affect the amounts payable to Company stockholders pursuant to this ARTICLE I. Any interest and other income resulting from such investments investment shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to Company stockholders pursuant to this ARTICLE I shall promptly be paid to Parent.
Appears in 1 contract
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by Parent, on a daily basis. Any interest and other income resulting from such investments shall be paid to Parent.; provided, that
Appears in 1 contract
Samples: Agreement and Plan of Merger
Investment of Exchange Fund. The Exchange Paying Agent shall invest any cash included in the Exchange Fund, as directed by Parent, on a daily basis. Any net profit resulting from, or interest and other or income resulting from produced by, such investments shall be paid to Parentheld in the Exchange Fund. The Exchange Fund shall not be used for any other purpose except as provided in this Agreement.
Appears in 1 contract
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by ParentAcquiror, on a daily basis. Any interest and other income resulting from such investments shall be paid to ParentAcquiror.
Appears in 1 contract
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by Parentthe Buyer, on a daily basis. Any interest and other income resulting from such investments shall be paid to Parentthe Buyer.
Appears in 1 contract
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by Parent, on a daily basis. Any interest and other income resulting from such investments shall be the property of, and shall be paid to to, Parent.
Appears in 1 contract
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by Parent, on a daily basis, provided that no such investment or loss thereon shall affect the amounts payable or the timing of the amounts payable pursuant to the provisions of this Article II. Any interest and other income resulting from such investments shall be paid to Parent.
Appears in 1 contract
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as may be directed by Parent, on a daily basis. Any interest and other income resulting from such investments shall be paid to Parent.
Appears in 1 contract
Investment of Exchange Fund. The Exchange ---------------------------- Agent shall invest any cash included in the Exchange Fund, as directed by Parent, on a daily basis. Any interest and other income resulting from such investments shall be paid to Parent.
Appears in 1 contract
Investment of Exchange Fund. The Exchange Agent shall invest --------------------------- any cash included in the Exchange Fund, as directed by Parent, on a daily basis. Any interest and other income resulting from such investments shall be paid to Parent.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Berkshire Hathaway Inc /De/)
