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 the Surviving Corporation in accordance with Section 2.02(a) (Exchange Agent), on a daily basis. Any interest and other income resulting from such investments shall be paid to the Surviving Corporation.

Appears in 7 contracts

Samples: Merger Agreement (Wesco International Inc), Merger Agreement (Anixter International Inc), Merger Agreement (Wesco International Inc)

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Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the Surviving Corporation in accordance with Section 2.02(a) (Exchange Agent)Buyer, on a daily basisbasis in Permitted Investments. Any interest and other income resulting from such investments shall be paid to Buyer upon termination of the Surviving CorporationExchange Fund pursuant to Section 2.6(c).

Appears in 4 contracts

Samples: Merger Agreement (American States Financial Corp), Merger Agreement (Kingsway Financial Services Inc), Merger Agreement (Lincoln National Corp)

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the Surviving Corporation in accordance with Section 2.02(a) (Exchange Agent)Buyer, on a daily basis, provided that no such investment or loss thereon shall affect the amounts payable pursuant to the provisions of this Article II. Any interest and other income resulting from such investments shall be paid to the Surviving CorporationBuyer.

Appears in 4 contracts

Samples: Merger Agreement (LumaSense Technologies, Inc.), Merger Agreement (Mikron Infrared Inc), Merger Agreement (Mikron Infrared 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 the Surviving Corporation in accordance with Section 2.02(a) (Exchange Agent)HEALTHSOUTH, on a daily basis. Any interest and other income resulting from such investments shall be paid to the Surviving CorporationHEALTHSOUTH.

Appears in 4 contracts

Samples: Merger Agreement (Health Images Inc), Plan and Agreement of Merger (National Surgery Centers Inc \De\), Merger Agreement (Healthsouth Corp)

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the Surviving Corporation in accordance with Section 2.02(a) (Exchange Agent)BEPC and Acquisition Sub, on a daily basis. Any interest and other income resulting from such investments shall be paid to the Surviving CorporationBEPC or Acquisition Sub, as applicable.

Appears in 3 contracts

Samples: Agreement and Plan of Reorganization (Brookfield Renewable Partners L.P.), Agreement and Plan of Reorganization (TerraForm Power, Inc.), Agreement and Plan of Reorganization (TerraForm Power, Inc.)

Investment of Exchange Fund. The Exchange Agent shall invest --------------------------- any cash included in the Exchange Fund, as directed by the Surviving Corporation in accordance with Section 2.02(a) (Exchange Agent)or Parent, on a daily basis. Any interest and other income resulting from such investments shall be paid payable to the Surviving CorporationCorporation or Parent on demand.

Appears in 3 contracts

Samples: Merger Agreement (Otg Software Inc), Merger Agreement (Legato Systems Inc), Merger Agreement (Legato Systems Inc)

Investment of Exchange Fund. The Exchange Paying Agent shall invest any cash included in the Exchange Fund, as directed by the Surviving Corporation in accordance with Section 2.02(a) (Exchange Agent)Corporation, on a daily basis. Any interest and other income resulting from such investments shall be paid payable to the Surviving CorporationCorporation on demand.

Appears in 3 contracts

Samples: Merger Agreement (Imagex Com Inc), Merger Agreement (Pennaco Energy Inc), Merger Agreement (Usx Corp)

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the Surviving Corporation in accordance with Section 2.02(a) (Exchange Agent)Buyer, on a daily basis. Any interest and other income resulting from such investments shall be the property of, and shall be paid to, the Buyer. Any losses resulting from such investments shall not in any way diminish the Buyer’s obligation to pay the Surviving Corporationfull amount of the Merger Consideration.

Appears in 3 contracts

Samples: Merger Agreement (First State Bancorporation), Merger Agreement (Access Anytime Bancorp Inc), Merger Agreement (First State Bancorporation)

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, Fund as directed by the Surviving Corporation in accordance with Section 2.02(a) (Exchange Agent), on a daily basis. Any interest and other income resulting from such investments shall promptly be paid to the Surviving Corporation.

Appears in 3 contracts

Samples: Merger Agreement (British Telecommunications PLC), Merger Agreement (Commnet Cellular Inc), Merger Agreement (Mci Communications Corp)

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the Surviving Corporation in accordance with Section 2.02(a) (Exchange Agent)Company, on a daily basis. Any interest and other income resulting from such investments shall be paid to the Surviving CorporationCompany; provided, however, that no such investment or loss shall affect the amounts payable to any holder of a Certificate.

Appears in 2 contracts

Samples: Merger Agreement (Pride International Inc), Merger Agreement (Marine Drilling Companies Inc)

Investment of Exchange Fund. The Exchange Agent shall invest any the cash included in the Exchange Fund, Fund as directed by the Surviving Corporation in accordance with Section 2.02(a) (Exchange Agent), on a daily basis. Any interest and other income resulting from such investments shall be paid to the Surviving Corporation.

Appears in 2 contracts

Samples: Merger Agreement (Shaw Industries Inc), Merger Agreement (Berkshire Hathaway Inc)

Investment of Exchange Fund. The Exchange Paying Agent shall invest any --------------------------- cash included in the Exchange Fund, as directed by the Surviving Corporation in accordance with Section 2.02(a) (Exchange Agent)Corporation, on a daily basis. Any interest and other income resulting from such investments shall be paid payable to the Surviving CorporationCorporation on demand.

Appears in 2 contracts

Samples: Merger Agreement (Pure Resources Ii Inc), Merger Agreement (Electronic Data Systems Corp /De/)

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the Surviving Corporation in accordance with Section 2.02(a) (Exchange Agent)Buyer, on a daily basis. Any interest and other income resulting from such investments shall be paid to the Surviving CorporationCorporation upon termination of the Exchange Fund pursuant to Section 3.3(e).

Appears in 2 contracts

Samples: Merger Agreement (Celldex Therapeutics, Inc.), Merger Agreement (Curagen Corp)

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange FundFund in investment-grade securities, as directed by the Surviving Corporation in accordance with Section 2.02(a) (Exchange Agent)CBI, on a daily basis. Any interest and other income resulting from such investments shall be paid to the Surviving CorporationCBI.

Appears in 2 contracts

Samples: Merger Agreement (Trustees of General Electric Pension Trust), Merger Agreement (Cincinnati Bell Inc /Oh/)

Investment of Exchange Fund. The Exchange Paying Agent shall invest any cash included in the Exchange Fund, Fund as directed by the Surviving Corporation in accordance with Section 2.02(a) (Exchange Agent), on a daily basis. Any interest and other income resulting from such investments shall promptly be paid to the Surviving Corporation.

Appears in 2 contracts

Samples: Merger Agreement (Commnet Cellular Inc), Merger Agreement (Blackstone Cci Capital Partners Lp)

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the Surviving Corporation in accordance with Section 2.02(a) (Exchange Agent)Travelers, on a daily basis. Any interest and other income resulting from such investments shall be paid to the Surviving CorporationTravelers.

Appears in 2 contracts

Samples: Merger Agreement (Travelers Group Inc), Merger Agreement (Citicorp)

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the Surviving Corporation in accordance with Section 2.02(a) (Exchange Agent)Purchaser, on a daily basis. Any interest and other income resulting from such investments shall be paid to Purchaser upon termination of the Surviving CorporationExchange Fund pursuant to Section 2.4(e). In the event the cash in the Exchange Fund shall be insufficient to fully satisfy all of the payment obligations to be made by the Exchange Agent hereunder, then Purchaser shall promptly deposit cash into the Exchange Fund in an amount which is equal to the deficiency in the amount of cash required to fully satisfy such payment obligations.

Appears in 2 contracts

Samples: Merger Agreement (Kuhlman Corp), Agreement and Plan of Merger (Borg Warner Automotive Inc)

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the Surviving Corporation in accordance with Section 2.02(a) (Exchange Agent)Company, on a daily basis. Any interest and other income resulting from such investments shall be paid to the Surviving CorporationCompany. To the extent that there are losses with respect to such investments, the Company shall promptly replace or restore the portion of the Exchange Fund lost through investments.

Appears in 2 contracts

Samples: Merger Agreement (Monmouth Real Estate Investment Corp), Merger Agreement (Monmouth Capital 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 Surviving Corporation in accordance with Section 2.02(a) (Exchange Agent)Acquiror, on a daily basis. Any interest and other income resulting from such investments shall be paid to the Surviving CorporationAcquiror. The Acquiror 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: Merger Agreement (Halliburton Co), Merger Agreement (Numar Corp)

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the Surviving Corporation in accordance with Section 2.02(a) (Exchange Agent)Corporation, on a daily basis. Any interest and other income resulting from such investments shall be paid to the Surviving CorporationCompany. To the extent that there are losses with respect to such investments, the Company shall promptly replace or restore the portion of the Exchange Fund lost through investments.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Sunset Financial Resources Inc), Merger Agreement (Sunset Financial Resources Inc)

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the Surviving Corporation in accordance with Section 2.02(a) (Exchange Agent)IHS, on a daily basis. Any interest and other income resulting from such investments shall be paid to the Surviving CorporationIHS.

Appears in 2 contracts

Samples: Merger Agreement (Coram Healthcare Corp), Merger Agreement (Integrated Health Services Inc)

Investment of Exchange Fund. The Exchange Agent shall invest any all cash included in the Exchange Fund, Fund as directed by the Surviving Corporation in accordance with Section 2.02(a) (Exchange Agent), on a daily basisCorporation. Any interest and other income resulting from such investments shall be paid to the Surviving Corporation.

Appears in 2 contracts

Samples: Merger Agreement (Capricorn Investors Iii L P), Merger Agreement (Tcby Enterprises Inc)

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the Surviving Corporation in accordance with Section 2.02(a) (Exchange Agent)Xxxxxx Xxxxxxx, on a daily basis. Any interest and other income resulting from such investments shall be paid to the Surviving CorporationXxxxxx Xxxxxxx.

Appears in 2 contracts

Samples: Merger Agreement (Halter Marine Group Inc), Merger Agreement (Friede Goldman International Inc)

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the Surviving Corporation in accordance with Section 2.02(a) (Exchange Agent)Purchaser, on a daily basis; provided, however, that in no event shall any losses incurred in connection with such investment alter Purchaser’s obligation to make any payments under this Article 2. Any interest and other income resulting from such investments shall be paid to Purchaser upon termination of the Surviving CorporationExchange Fund pursuant to Section 2.7.

Appears in 2 contracts

Samples: Merger Agreement (Resource Capital Fund v L.P.), Merger Agreement (Uranium Resources Inc /De/)

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange FundFund and the Common Shares Trust, as directed by the Surviving Corporation in accordance with Section 2.02(a) (Exchange Agent)Corporation, on a daily basis. Any interest and other income resulting from such investments shall be paid to the Surviving CorporationCorporation from time to time as the Surviving Corporation may request.

Appears in 2 contracts

Samples: Merger Agreement (Raytheon Co), Merger Agreement (General Motors Corp)

Investment of Exchange Fund. The Exchange Paying Agent shall invest any ---------------------------- cash included in the Exchange Fund, as directed by the Surviving Corporation in accordance with Section 2.02(a) (Exchange Agent)Corporation, on a daily basis. Any interest and other income resulting from such investments shall be paid to the Surviving Corporation.

Appears in 2 contracts

Samples: Formation Agreement (International Computex Inc), Formation Agreement (Galvin Michael Jeffrey)

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Investment of Exchange Fund. The Exchange Agent shall invest any --------------------------- cash included in the Exchange Fund, Fund as directed by the Surviving Corporation in accordance with Section 2.02(a) (Exchange Agent), on a daily basisCorporation. Any interest and other income resulting from such investments shall be paid to the Surviving Corporation.

Appears in 2 contracts

Samples: Merger Agreement (Banctec Inc), Agreement and Plan of Merger (Banctec Inc)

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the Surviving Corporation in accordance with Section 2.02(a) (Exchange Agent)Corporation, on a daily basis. Any interest and other income resulting from such investments shall be paid to the Surviving CorporationCorporation upon termination of the Exchange Fund pursuant to Section 2.4(d).

Appears in 2 contracts

Samples: Merger Agreement (General Motors Corp), Merger Agreement (Echostar Communications Corp)

Investment of Exchange Fund. The Exchange Agent shall --------------------------- invest any cash included in the Exchange Fund, as directed by the Surviving Corporation in accordance with Section 2.02(a) (Exchange Agent), on a daily basisCorporation. Any interest and other income resulting from such investments shall be paid to the Surviving Corporation.

Appears in 2 contracts

Samples: Agreement and Plan of Conversion (Borden Chemicals & Plastics Limited Partnership /De/), Agreement and Plan of Conversion (Borden Chemicals & Plastics Limited Partnership /De/)

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, Fund as directed by the Surviving Corporation in accordance with Section 2.02(a) (Exchange Agent), on a daily basis; provided, that no such investment or loss thereon shall affect the amounts payable to Company shareholders pursuant to Article 3. Any interest and other income resulting from such investments shall promptly be paid to the Surviving Corporation.

Appears in 2 contracts

Samples: Merger Agreement (Stockwalk Com Group Inc), Merger Agreement (Kinnard Investments Inc)

Investment of Exchange Fund. The Exchange Paying Agent shall invest any cash included in the Exchange Fund, as directed by the Surviving Corporation in accordance with Section 2.02(a) (Exchange Agent), on a daily basisCorporation. Any net profit resulting from, or interest and other or income resulting from produced by, such investments investments, shall be paid payable to the Surviving Corporation.

Appears in 2 contracts

Samples: Merger Agreement (Xerox Corp), Merger Agreement (Global Imaging Systems Inc)

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the Surviving Corporation Fund in accordance with Section 2.02(a) (the Exchange Agent), on a daily basisAgent Agreement. Any interest and other income resulting from such investments shall be paid to the Surviving Corporation.

Appears in 2 contracts

Samples: Merger Agreement (Gilead Sciences Inc), Merger Agreement (Gilead Sciences Inc)

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the Surviving Corporation in accordance with Section 2.02(a) (Exchange Agent)Partner, on a daily basis. Any interest and other income resulting from such investments shall be paid to the Surviving CorporationPartner.

Appears in 1 contract

Samples: Merger Agreement (Basin Exploration Inc)

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, if and as directed by the Surviving Corporation in accordance with Section 2.02(a) (Exchange Agent)Fund Holdings, on a daily basis; provided, that no losses on such investment will affect the cash payable to former holders of Company Common Shares pursuant to the provisions of this Article II. Any interest and other income resulting from such investments shall be paid to Fund Holdings upon termination of the Surviving CorporationExchange Fund pursuant to Section 2.3(f).

Appears in 1 contract

Samples: Merger Agreement (KKR Financial Holdings LLC)

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, Fund as directed by the Surviving Corporation in accordance with Section 2.02(a) (Exchange Agent), on a daily basis. ; provided that no such investment or loss thereon shall affect the amounts payable to the Purchaser 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 Purchaser stockholders pursuant to this ARTICLE I shall promptly be paid to the Surviving Corporation.

Appears in 1 contract

Samples: Plan of Reorganization and Share Exchange Agreement (Hartcourt Companies Inc)

Investment of Exchange Fund. The Exchange Paying Agent shall invest any cash included in the Exchange Fund, Fund in an interest-bearing account as directed by more expressly described in the Surviving Corporation in accordance with Section 2.02(a) (Exchange Agent), on a daily basisPaying Agent Agreement. Any interest and other income resulting from such investments shall be paid payable to the Surviving CorporationCorporation on demand.

Appears in 1 contract

Samples: Merger Agreement (Cross a T Co)

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the Surviving Corporation in accordance with Section 2.02(a) (Exchange Agent)Acquiror, on a daily basis; provided, however, that such investments shall be limited to marketable securities issued or guaranteed by the federal government of the United States. Any interest and other income resulting from such investments shall be paid added to the Surviving CorporationEscrow Fund (and, thus, the Available Escrow Amount) upon termination of the Exchange Fund and distributed as a portion thereof as otherwise provided herein.

Appears in 1 contract

Samples: Merger Agreement (Valeant Pharmaceuticals International)

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, Fund as directed by the Surviving Corporation in accordance with Section 2.02(a) (Exchange Agent), Acquiror on a daily basis. Any interest and other income resulting from such investments shall promptly be paid to the Surviving CorporationAcquiror.

Appears in 1 contract

Samples: Merger Agreement (Millennium Bankshares Corp)

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, Fund as directed by the Surviving Corporation in accordance with Section 2.02(a) (Exchange Agent), Company on a daily basis. Any interest and other income resulting from such investments shall be paid to the Surviving CorporationCompany.

Appears in 1 contract

Samples: Merger Agreement (Camelot Music Holdings Inc)

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the Surviving Corporation in accordance with Section 2.02(a) (Exchange Agent)Corporation, on a daily basis. Any interest and other income resulting from such investments shall be paid to the Surviving Corporation.

Appears in 1 contract

Samples: Merger Agreement (Harris Corp /De/)

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the Surviving Corporation in accordance with Section 2.02(a) (Exchange Agent)Purchaser, on a daily basis. Any interest and other income resulting from such investments shall be paid to the Surviving CorporationPurchaser upon termination of the Exchange Fund pursuant to Section 2.4.5.

Appears in 1 contract

Samples: Merger Agreement (Sykes Healthplan Services Inc)

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the Surviving Corporation in accordance with Section 2.02(a) (Exchange Agent)Purchaser, on a daily basisbasis in Permitted Investments. Any interest and other income resulting from such investments shall be paid to the Surviving CorporationPurchaser upon termination of the Exchange Fund pursuant to Section 3.2(c).

Appears in 1 contract

Samples: Merger Agreement (Progressive Corp/Oh/)

Investment of Exchange Fund. The Exchange Agent shall invest any --------------------------- cash included in the Exchange Fund, as directed by the Surviving Corporation in accordance with Section 2.02(a) (Exchange Agent)Acquiror, on a daily basis. Any interest and other income resulting from such investments shall be paid to the Surviving CorporationAcquiror.

Appears in 1 contract

Samples: Merger Agreement (Answerthink Consulting Group Inc)

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