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; provided, however, that no such investment or loss thereon shall affect the amounts payable to holders of the Company’s securities pursuant to this Article I. Any interest and other income resulting from such investment shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to holders of the Company’s securities pursuant to this Article I shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Agent shall invest any the cash included in the Exchange Fund as directed by ParentParent on a daily basis; provided, however, provided that no such investment or loss thereon shall affect the amounts payable to holders of the Company’s securities Company shareholders pursuant to this Article I. II. Any interest and other income resulting from such investment shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to holders of the Company’s securities Company shareholders pursuant to this Article I II shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund as directed by ParentParent on a daily basis; provided, however, provided that no such investment or loss thereon shall affect the amounts payable to holders former stockholders of the Company’s securities Company after the Effective Time pursuant to this Article I. II. Any interest and other income resulting from such investment shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to holders of the Company’s securities pursuant to this Article I II shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund as directed by ParentParent on a daily basis; provided, however, provided that no such investment or loss thereon shall affect the amounts payable to holders former stockholders of the Company’s securities Company after the Effective Time pursuant to this Article I. III. Any interest and other income resulting from such investment shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to holders of the Company’s securities pursuant to this Article I III shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund as directed by ParentParent on a daily basis; provided, however, provided that no such investment or loss thereon shall affect the amounts payable to holders of the Company’s securities shares of Company Common Stock pursuant to this Article I. Any interest and other income resulting from such investment shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to the holders of the Company’s securities shares of Company Common Stock pursuant to this Article I shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Paying Agent shall invest any cash included in the Exchange Fund Fund, as directed by Parent; provided, howeveron a daily basis, provided that no any such investment or loss thereon shall affect is guaranteed as to payment of principal and interest by the amounts payable to holders federal government of the Company’s securities pursuant to this Article I. United States. Any interest and other income resulting from such investment investments shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to holders of the Company’s securities pursuant to this Article I shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund Fund, as directed by Parent in a manner consistent with Parent; provided's investment of its own funds, however, that no such investment or loss thereon shall affect the amounts payable to holders of the Company’s securities pursuant to this Article I. on a daily basis. Any interest and other income resulting from such investment investments shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to holders of the Company’s securities pursuant to this Article I shall promptly 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.

Investment of Exchange Fund. The Exchange Agent shall invest any the cash included in the Exchange Fund as directed by Parentin direct obligations of the U.S. Treasury or otherwise with the consent of the Company (which consent shall not be unreasonably withheld or delayed), on a daily basis; provided, however, provided that no such investment or loss thereon shall affect the amounts payable to holders of the Company’s securities Company stockholders pursuant to this Article I. II. Any interest and other income resulting from such investment shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to holders of the Company’s securities Company stockholders pursuant to this Article I II shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund as directed by ParentParent on a daily basis; provided, however, provided that no such investment or loss thereon shall affect the amounts payable to holders former stockholders of the Company’s securities Company after the Effective Time pursuant to this Article I. ARTICLE III. Any interest and other income resulting from such investment shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to holders of the Company’s securities pursuant to this Article I ARTICLE III shall promptly be paid to Parent.

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, provided, however, that no such investment or loss thereon shall affect the amounts payable to holders former shareholders of the Company’s securities Company after the Effective Time pursuant to this Article I. II. Any interest and other income resulting from such investment shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to holders of the Company’s securities pursuant to this Article I II shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund as directed by Parent; provided, however, that no such investment or loss thereon shall affect the amounts payable to holders of the Company’s securities pursuant to this Article I. II. Any interest and other income resulting from such investment shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to holders of the Company’s securities pursuant to this Article I II shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund as directed by Parent; provided, however, Parent on a daily basis provided that no such investment or loss thereon shall affect the amounts payable to holders former stockholders of Xxxxxx after the Company’s securities Effective Time pursuant to this Article I. II. Any interest and other income resulting from such investment shall become a part of the Exchange Fund, Fund and any amounts in excess of the amounts payable to holders of the Company’s securities pursuant to this Article I II shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund Fund, as directed by Parent; provided, however, that no such investment or loss thereon shall affect the amounts payable to holders of the Company’s securities pursuant to this Article I. on a daily basis. Any interest and other income resulting from such investment investments shall become a part be paid to Parent upon termination of the Exchange Fund, and any amounts Fund pursuant to Section 2.3(e). In the event the cash in excess the Exchange Fund shall be insufficient to fully satisfy all of the amounts payable payment obligations to holders of be made by the Company’s securities pursuant to this Article I Exchange Agent hereunder, then Parent shall promptly be paid deposit cash into the Exchange Fund in an amount which is equal to Parentthe deficiency in the amount of cash required to fully satisfy such payment obligations.

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund as directed by ParentParent on a daily basis; provided, however, provided that no such investment or loss thereon shall affect the amounts payable to holders of the Company’s securities Company stockholders pursuant to this Article I. Any interest and other income resulting from such investment shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to holders of the Company’s securities Company stockholders pursuant to this Article I shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Agent shall invest any the cash included in the Exchange Fund as directed by ParentParent on a daily basis; provided, however, provided that no such investment or loss thereon shall affect the amounts payable to holders of the Company’s securities Company stockholders pursuant to this Article I. Any interest and other income resulting from such investment shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to holders of the Company’s securities Company stockholders pursuant to this Article I shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund as directed by ParentParent on a daily basis; provided, however, provided that no such investment or loss thereon shall affect the amounts payable to holders of the Company’s securities Company stockholders pursuant to this Article I. Any interest and other income resulting from such investment shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to holders of the Company’s securities Company stockholders pursuant to this Article I shall promptly be paid to ParentParent as soon as practicable at the end of each calendar month.

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund Fund, as directed by Parent; provided, howeveron a daily basis, provided that no such investment or loss thereon shall affect the amounts payable to holders or the timing of the Company’s securities amounts payable pursuant to the provisions of this Article I. II. Any interest and other income resulting from such investment investments shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to holders of the Company’s securities pursuant to this Article I shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund in deposit accounts or short-term money market instruments, as directed by Parent; provided, however, that no such investment or loss thereon shall affect the amounts payable to holders of the Company’s securities pursuant to this Article I. on a daily basis. Any interest and other income resulting from such investment investments shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to holders of the Company’s securities pursuant to this Article I shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Agent shall invest any the cash included in the Exchange Fund as directed by ParentParent on a daily basis; provided, however, that no such investment or loss thereon shall affect the amounts payable to holders of the Company’s securities Certificates pursuant to this Article I. Section 1.8. Any interest and other income resulting from such investment shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to holders of the Company’s securities Certificates pursuant to this Article I Section 1.8 shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund as directed by ParentParent on a daily basis; provided, however, provided that no such investment or loss thereon shall affect the amounts payable to holders of the Company’s securities Company stockholders pursuant to this Article I. Any interest and other income resulting from such investment shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to holders of the Company’s securities Company stockholders pursuant to this Article I shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund Fund, as directed by Parent; provided, however, that no such investment or loss thereon shall affect the amounts payable to holders of the Company’s securities pursuant to this Article I. on a daily basis. Any interest and other income resulting from such investment investments shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to holders of the Company’s securities pursuant to this Article I shall promptly 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.

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund as directed by Parentthe Parent on a daily basis; provided, however, provided that no such investment or loss thereon shall affect the amounts payable to holders stockholders of the Company’s securities Company pursuant to this Article I. Any interest and other income resulting from such investment shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to holders stockholders of the Company’s securities Company pursuant to this Article I shall promptly be paid to the Parent.

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund Fund, as directed by Parent; provided, however, that no such investment or loss thereon shall affect Parent (but subject to the amounts payable to holders approval of the Company’s securities pursuant Company (prior to this Article I. 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 investment investments shall become a part be paid to Parent upon termination of the Exchange Fund, and any amounts in excess of the amounts payable to holders of the Company’s securities Fund pursuant to this Article I shall promptly be paid to ParentSection 1.7(e).

Investment of Exchange Fund. The Exchange Agent shall invest any all cash included in the Exchange Fund as reasonably directed by Parent; providedPROVIDED, howeverHOWEVER, that no such investment or loss thereon shall affect the amounts payable to holders of the Company’s securities Certificates or Book-Entry Shares pursuant to this Article I. II. Any interest and other income resulting from such investment investments shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to holders of the Company’s securities pursuant to this Article I shall promptly be paid to Parentthe Surviving Corporation pursuant to Section 2.2(d).

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund as directed by ParentParent on a daily basis; provided, however, that PROVIDED THAT no such investment or loss thereon shall affect the amounts payable to holders of the Company’s securities Company stockholders pursuant to this Article I. Any interest and other income resulting from such investment shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to holders of the Company’s securities Company stockholders pursuant to this Article I shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Agent shall invest any the cash included in the Exchange Fund as directed by ParentParent on a daily basis; provided, however, provided that no such investment or loss thereon shall affect the amounts payable to holders of the Company’s securities Company Common Stock, Company Preferred Stock, Company Warrants or Company Options pursuant to this Article I. II. Any interest and other income resulting from such investment shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to holders of the Company’s securities Company Common Stock, Company Preferred Stock, Company Warrants or Company Options pursuant to this Article I II shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund Fund, as directed by Parent; provided, however, that no such investment or loss thereon shall affect the amounts payable to holders of the Company’s securities pursuant to this Article I. on a daily basis. Any interest and other income resulting from such investment investments shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to holders of the Company’s securities pursuant to this Article I shall promptly be paid to ParentParent or the Surviving Corporation.

Investment of Exchange Fund. The Exchange Agent shall invest any the cash included in the Exchange Fund as directed by ParentParent on a daily basis; provided, however, that no such investment or loss thereon shall affect the amounts payable to holders of the Company’s securities Company stockholders pursuant to this Article I. Any interest and other income resulting from such investment shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to holders of the Company’s securities Company stockholders pursuant to this Article I shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund as directed by ParentParent on a daily basis; provided, howeverPROVIDED, that no such investment or loss thereon shall affect be held in the amounts payable to holders form of obligations of the Company’s securities pursuant to this Article I. 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 investment investments shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to holders of the Company’s securities pursuant to this Article I shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Payment Agent shall invest any the cash included in the Exchange Fund as directed by ParentParent on a daily basis; provided, however, provided that no such investment or loss thereon shall affect the amounts payable to holders of the Company’s securities Company stockholders pursuant to this Article I. Any interest and other income resulting from such investment shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to holders of the Company’s securities Company stockholders pursuant to this Article I shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund as directed by Parent; provided, however, Parent on a daily basis provided that no such investment or loss thereon shall affect the amounts payable to holders former stockholders of the Company’s securities Company after the Effective Time pursuant to this Article I. III. Any interest and other income resulting from such investment shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to holders of the Company’s securities pursuant to this Article I III shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund Fund, as directed by Parent; provided, howeveron a daily basis, provided that no such investment or loss thereon shall affect the amounts payable to holders or the timing of the Company’s securities amounts payable pursuant to the provisions of this Article I. II. Any interest and other income resulting from such investment investments shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to holders of the Company’s securities pursuant to this Article I shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Agent shall invest any the cash included in the Exchange Fund as directed by ParentParent on a daily basis; provided, however, that no if any such investment or loss thereon shall affect the amounts payable to holders of the Company’s securities Stockholders pursuant to this Article I. Section 1.6 hereof, Parent shall pay in cash the full amount of such shortfall. Any interest and other income resulting from such investment shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to holders of the Company’s securities Stockholders pursuant to this Article I Section 1.6 hereof shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Paying Agent shall invest any cash included in the Exchange Fund as directed by ParentParent on a daily basis; provided, however, that no such investment or loss thereon shall affect the amounts payable to holders former shareholders of the Company’s securities Company after the Effective Time pursuant to this Article I. II. Any interest and other income resulting from such investment shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to holders of the Company’s securities pursuant to this Article I II shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund as directed by Parent; provided, however, that no such investment or loss thereon shall affect the amounts payable to holders of the Company’s securities Company Securityholders pursuant to this Article I. II. Any interest and other income resulting from such investment shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to holders of the Company’s securities Company Securityholders pursuant to this Article I II shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund as directed by Parent; provided, however, that no such investment or loss thereon shall affect the amounts payable to holders of the Company’s securities Company Securityholders pursuant to this Article I. ARTICLE II. Any interest and other income resulting from such investment shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to holders of the Company’s securities Company Securityholders pursuant to this Article I ARTICLE II shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund as directed by ParentParent on a daily basis; provided, however, provided that no such investment or loss thereon shall affect the amounts payable to holders of the Company’s securities Company shareholders pursuant to this Article I. Any interest and other income resulting from such investment shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to holders of the Company’s securities Company shareholders pursuant to this Article I shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Agent shall invest any the cash included in the Exchange Fund as directed by ParentParent on a daily basis; provided, however, provided that no such investment or loss thereon shall affect the amounts payable to holders of the Company’s securities shares of Company Common Stock pursuant to this Article I. Any interest and other income resulting from such investment shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to the holders of the Company’s securities shares of Company Common Stock pursuant to this Article I shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Agent shall invest any the cash included in the Exchange Fund as directed by ParentParent on a daily basis; provided, however, that no such investment or loss thereon shall affect the amounts payable to holders of the Company’s securities Company stockholders pursuant to this Article ARTICLE I. Any interest and other income resulting from such investment shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to holders of the Company’s securities Company stockholders pursuant to this Article ARTICLE I shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund in investment-grade securities, as directed by New Parent, on a daily basis; provided, however, that no such investment or loss thereon shall affect the amounts payable to holders former shareholders of Xxxxxx or Galileo after the Company’s securities Effective Time pursuant to this Article I. II. Any interest and other income resulting from such investment investments shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to holders of the Company’s securities pursuant to this Article I II shall promptly be paid to New Parent.