Common use of Investment of Exchange Fund Clause in Contracts

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by Parent, in (i) direct obligations of the United States of America, (ii) obligations for which the full faith and credit of the United States of America is pledged to provide for the payment of all principal and interest or (iii) commercial paper obligations receiving the highest rating from either Moody's Investor Services, Inc. or Standard & Poor's, a division of Xxx XxGraw Hill Companies, or a combination thereof; provided that, in any such case, no such instrument shall have a maturity exceeding three months from the date of the investment therein. Any interest and other income resulting from such investments shall be paid to Parent.

Appears in 4 contracts

Samples: Merger Agreement (Maytag Corp), Merger Agreement (Whirlpool Corp /De/), Merger Agreement (Whirlpool Corp /De/)

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Investment of Exchange Fund. The Exchange Paying Agent shall invest any the cash included in the Exchange Fund, as directed by Parent, in (i) direct obligations of the United States of AmericaStates, (ii) obligations for which the full faith and credit of the United States of America is pledged to provide for the payment of all principal and interest or (iii) commercial paper obligations receiving the highest rating from either Moody's Xxxxx’x Investor Services, Inc. or Standard & Poor's’s, a division of Xxx XxGraw The McGraw Hill Companies, or a combination thereof; provided that, in any such case, no such instrument shall have a maturity exceeding three (3) months from the date of the investment therein. Any interest and other income resulting from such investments shall be paid to Parent.

Appears in 2 contracts

Samples: Merger Agreement (Pw Eagle Inc), Merger Agreement (Pw Eagle Inc)

Investment of Exchange Fund. The Exchange Other Paying Agent shall invest any cash included in the Exchange FundFund held by it, as directed by Parent, in (i) direct obligations of the United States of America, (ii) obligations for which the full faith and credit of the United States of America is pledged to provide for the payment of all principal and interest or (iii) commercial paper obligations receiving the highest rating from either Moody's Xxxxx'x Investor Services, Inc. or Standard & Poor's, a division of Xxx XxGraw The McGraw Hill Companies, or a combination thereof; provided that, in any such case, no such instrument shall have a maturity exceeding three months from the date of the investment therein. Any interest and other income resulting from such investments shall be paid to Parent.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Metaldyne Corp)

Investment of Exchange Fund. The Exchange Paying Agent shall invest any cash included in the Exchange Fund, as directed by Parent, in (i) direct obligations of the United States of America, (ii) obligations for which the full faith and credit of the United States of America is pledged to provide for the payment of all principal and interest or (iii) commercial paper obligations receiving the highest rating from either Moody's Xxxxx’x Investor Services, Inc. or Standard & Poor's’s, a division of Xxx XxGraw The McGraw Hill Companies, or a combination thereof; provided that, in any such case, no such instrument shall have a maturity exceeding three months from the date of the investment therein. Any interest and other income resulting from such investments shall be the property of and shall be paid to Parent.

Appears in 1 contract

Samples: Merger Agreement (Jameson Inns Inc)

Investment of Exchange Fund. The Exchange Other Paying Agent shall invest any cash included in the Exchange FundFund held by it, as directed by Parent, in (i) direct obligations of the United States of America, (ii) obligations for which the full faith and credit of the United States of America is pledged to provide for the payment of all principal and interest or (iii) commercial paper obligations receiving the highest rating from either Moody's Mxxxx’x Investor Services, Inc. or Standard & Poor's’s, a division of Xxx XxGraw The McGraw Hill Companies, or a combination thereof; provided that, in any such case, no such instrument shall have a maturity exceeding three months from the date of the investment therein. Any interest and other income resulting from such investments shall be paid to Parent.

Appears in 1 contract

Samples: Merger Agreement (Metaldyne Corp)

Investment of Exchange Fund. The Exchange Paying Agent shall invest any cash included in the Exchange Fund, as directed by Parent, in (i) direct obligations of the United States of America, (ii) obligations for which the full faith and credit of the United States of America is pledged to provide for the payment of all principal and interest or (iii) commercial paper obligations receiving the highest rating from either Moody's Investor Services, Inc. or Standard & Poor's, a division of xx Xxx XxGraw McGraw Hill Companies, or a combination thereof; provided PROVIDED that, in any such case, no such instrument shall have a maturity exceeding three months from the date of the investment therein. Any interest and other income resulting from such investments shall be paid to Parent.

Appears in 1 contract

Samples: Merger Agreement (Maytag Corp)

Investment of Exchange Fund. The Exchange Agent shall invest any the cash included in the Exchange Fund, as directed by Parent, in (i) direct obligations of the United States of AmericaStates, (ii) obligations for which the full faith and credit of the United States of America is pledged to provide for the payment of all principal and interest or (iii) commercial paper obligations receiving the highest rating from either Moody's Xxxxx’x Investor Services, Inc. or Standard & Poor's’s, a division of Xxx XxGraw The McGraw Hill Companies, or a combination thereof; provided that, in any such case, no such instrument shall have a maturity exceeding three (3) months from the date of the investment therein. Any interest and other income resulting from such investments shall be paid to Parent.

Appears in 1 contract

Samples: Merger Agreement (Cornell Companies Inc)

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Investment of Exchange Fund. The Exchange Other Paying Agent shall invest any cash included in the Exchange FundFund held by it, as directed by Parent, in (i) direct obligations of the United States of America, (ii) obligations for which the full faith and credit of the United States of America is pledged to provide for the payment of all principal and interest or (iii) commercial paper obligations receiving the highest rating from either Moody's Xxxxx’x Investor Services, Inc. or Standard & Poor's’s, a division of Xxx XxGraw The McGraw Hill Companies, or a combination thereof; provided that, in any such case, no such instrument shall have a maturity exceeding three months from the date of the investment therein. Any interest and other income resulting from such investments shall be paid to Parent.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Masco Corp /De/)

Investment of Exchange Fund. The Exchange Paying Agent shall will invest any cash included in the Exchange Fund, as directed by Parent, in (i) direct obligations of the United States of America, (ii) obligations for which the full faith and credit of the United States of America is pledged to provide for the payment of all principal and interest or (iii) commercial paper obligations receiving the highest rating from either Moody's Xxxxx’x Investor Services, Inc. or Standard & Poor's’s, a division of Xxx XxGraw The McGraw Hill Companies, or a combination thereof; provided provided, that, in any such case, no such instrument shall will have a maturity exceeding three months from the date of the investment therein. Any interest and other income resulting from such investments shall will be paid to Parent.

Appears in 1 contract

Samples: Merger Agreement (Readers Digest Association Inc)

Investment of Exchange Fund. The Exchange Other Paying Agent shall invest any cash included in the Exchange FundFund held by it, as directed by Parent, in (i) direct obligations of the United States of America, (ii) obligations for which the full faith and credit of the United States of America is pledged to provide for the payment of all principal and interest or (iii) commercial paper obligations receiving the highest rating from either Moody's Investor Services, Inc. or Standard & Poor's, a division of Xxx XxGraw The XxXxxx Hill Companies, or a combination thereof; provided that, in any such case, no such instrument shall have a maturity exceeding three months from the date of the investment therein. Any interest and other income resulting from such investments shall be paid to Parent.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Credit Suisse/)

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