Common use of Investment of Exchange Fund Clause in Contracts

Investment of Exchange Fund. The Paying Agent shall invest any cash included in the Exchange Fund as directed by Parent; provided that no such investment or loss thereon shall affect the amounts payable to former stockholders of the Company after the Effective Time pursuant to this 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 pursuant to this Article III shall promptly be paid to Parent.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Forestar Group Inc.), Agreement and Plan of Merger (Mens Wearhouse Inc), Agreement and Plan of Merger (Bank Jos a Clothiers Inc /De/)

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Investment of Exchange Fund. The Paying Exchange Agent shall invest any cash included in the Exchange Fund as directed by ParentParent on a daily basis; provided that no such investment or loss thereon shall affect the amounts payable to former stockholders of the Company after the Effective Time pursuant to this 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 pursuant to this Article III shall promptly be paid to Parent.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Nupathe Inc.), Agreement and Plan of Merger (Indevus Pharmaceuticals Inc), Agreement and Plan of Merger (Endo Pharmaceuticals Holdings Inc)

Investment of Exchange Fund. The Paying Exchange Agent shall invest any cash included in the Exchange Fund as directed by Parent; provided provided, however, that no such investment or loss thereon shall affect the amounts payable to former stockholders holders of the Company after the Effective Time Company’s securities pursuant to this Article III. 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 III I shall promptly be paid to Parent.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Kyphon Inc), Agreement and Plan of Merger (Zebra Technologies Corp/De), Agreement and Plan of Merger (Comscore, Inc.)

Investment of Exchange Fund. The Paying Agent shall invest any cash included in the Exchange Fund as directed by Parent; provided that no such investment or loss thereon shall affect the amounts payable to former stockholders of the Company after the Effective Time pursuant to this Article III. Any interest and other income resulting from such investments shall be paid to Parent. No investment shall become a part of loss or other loss incurred by the Exchange Fund, and any amounts in excess of Fund shall affect the amounts Merger Consideration payable pursuant to this Article III III, and if such loss is realized Parent shall promptly be paid deposit cash into the Exchange Fund to Parentthe extent necessary to satisfy the payment obligations set forth in this Article III.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Bell Microproducts Inc), Agreement and Plan of Merger (Avnet Inc), Agreement and Plan of Merger (Nu Horizons Electronics Corp)

Investment of Exchange Fund. The Paying Exchange Agent shall invest any cash included in the Exchange Fund as directed by ParentParent on a daily basis; provided that no such investment or loss thereon shall affect the amounts payable to former stockholders of the Company after the Effective Time pursuant to this Article 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 pursuant to this Article ARTICLE III shall promptly be paid to Parent.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Teva Pharmaceutical Industries LTD), Agreement and Plan of Merger (Nupathe Inc.)

Investment of Exchange Fund. The Paying Agent shall invest any cash included in the Exchange Fund as directed by Parent; provided that no such investment or loss thereon shall affect the amounts payable to stockholders of the Surviving Entity or former stockholders of the Company after the Effective Time pursuant to this 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 pursuant to this Article III shall promptly be paid to Parent.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Forestar Group Inc.), Agreement and Plan of Merger (Horton D R Inc /De/)

Investment of Exchange Fund. The Paying Agent shall invest any cash included in the Exchange Fund as directed by Parent; Parent on a daily basis, provided that no such investment or loss thereon shall affect the amounts payable to former Novadigm stockholders of the Company after the Effective Time pursuant to this Article III. 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 Novadigm stockholders pursuant to this Article III I shall promptly be paid to Parent.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Hewlett Packard Co), Agreement and Plan of Merger (Novadigm Inc)

Investment of Exchange Fund. The Paying Exchange Agent shall invest any cash included in the Exchange Fund as directed by Parent; provided provided, however, that no such investment or loss thereon shall affect the amounts payable to former stockholders holders of the Company after the Effective Time Company’s securities pursuant to this Article IIIII. 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 III II shall promptly be paid to Parent.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Volcano Corp), Agreement and Plan of Merger (Volcano Corp)

Investment of Exchange Fund. The Paying Exchange Agent shall invest any cash included in the Exchange Fund if and as directed by Parent; provided that no such investment gain or loss thereon shall affect the amounts payable to former stockholders the holders of shares of Company Common Stock following consummation of the Company after the Effective Time Merger pursuant to this Article IIIII and Parent shall take all actions necessary to ensure that the Exchange Fund includes at all times cash sufficient to satisfy Parent’s obligations under this Article II. Any Subject to Parent’s obligations pursuant to this Article II, any interest and or other income resulting from such investment investments shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable pursuant to this Article III shall promptly be paid to Parent, upon demand.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Insite Vision Inc), Agreement and Plan of Merger (Insite Vision Inc)

Investment of Exchange Fund. The Paying Agent shall invest any cash included in the Exchange Fund as directed by Parent; provided provided, however, that no such investment or loss thereon shall affect the amounts payable to former stockholders holders of the Company after the Effective Time Company’s securities pursuant to this Article IIIII. 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 III II shall promptly be paid to Parent.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Volcano Corp)

Investment of Exchange Fund. The Paying Agent shall invest any cash included in the Exchange Fund as directed by ParentParent or, after the Effective Time, the Surviving Corporation; provided that no (i) any gain or loss from such investment or loss thereon shall not affect the amounts payable to former stockholders the shareholders of the Company after the Effective Time pursuant to this 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 pursuant to this Article III shall promptly be paid to Parent.II;

Appears in 1 contract

Samples: Agreement and Plan of Merger (Us 1 Industries Inc)

Investment of Exchange Fund. The Paying Exchange Agent shall invest any cash included in the Exchange Fund as reasonably directed by Parent; provided that no such investment shall relieve Parent or loss thereon the Exchange Agent from making the payments required by this Article II, and following any losses Parent shall affect promptly provide additional funds to the amounts payable to former stockholders Exchange Agent for the benefit of the holders of Company after Ordinary Shares in the Effective Time pursuant to this Article III. Any interest and other income resulting from amount of such investment shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable pursuant to this Article III shall promptly be paid to Parentlosses.

Appears in 1 contract

Samples: Agreement and Plan of Merger (International Flavors & Fragrances Inc)

Investment of Exchange Fund. The Paying Exchange Agent shall invest any cash included in the Exchange Fund if and as directed by Parent; provided that no such investment gain or loss thereon shall affect the amounts payable to former stockholders the holders of shares of Company Common Stock following consummation of the Company after the Effective Time Merger pursuant to this Article IIIII and Parent shall take all actions necessary to ensure that the Exchange Fund includes at all times cash sufficient to satisfy Parent's obligations under this Article II. Any Subject to Parent's obligations pursuant to this Article II, any interest and or other income resulting from such investment investments shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable pursuant to this Article III shall promptly be paid to Parent, upon demand.

Appears in 1 contract

Samples: Agreement and Plan of Merger (QLT Inc/Bc)

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Investment of Exchange Fund. The Paying Agent shall invest any the cash included in the Exchange Fund as directed by Parent; provided that no such investment or loss thereon shall affect the amounts payable to former Company stockholders of the Company after the Effective Time pursuant to this Article III. 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 Company stockholders pursuant to this Article III I shall promptly be paid to Parent.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Broadcom Corp)

Investment of Exchange Fund. The Paying Agent shall invest any cash included in the Exchange Fund as directed by Parent; Parent on a daily basis, provided that no such investment or loss thereon shall affect the amounts payable to former stockholders of the Company after the Effective Time Company’s shareholders pursuant to this Article III. 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 Company’s shareholders pursuant to this Article III I shall promptly be paid to Parent.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Midland Co)

Investment of Exchange Fund. The Paying Agent shall invest any cash included in the Exchange Fund as directed by Parent; Parent on a daily basis, provided that no such investment or loss thereon shall affect the amounts payable to former stockholders of the Company after the Effective Time shareholders pursuant to this Article IIIArticles I and 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 Company shareholders pursuant to this Article III II shall promptly be paid to Parent.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Federal Trust Corp)

Investment of Exchange Fund. The Paying Exchange Agent shall invest any cash included in the Exchange Fund as directed by Parent; Parent on a daily basis provided that no such investment or loss thereon shall affect the amounts payable to former stockholders of the Company after the Effective Time pursuant to this 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 pursuant to this Article III shall promptly be paid to Parent.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Endo Pharmaceuticals Holdings Inc)

Investment of Exchange Fund. The Paying Agent shall invest any cash included in the Exchange Fund as directed by ParentParent on a daily basis; provided provided, that no such investment or loss thereon shall affect the amounts payable to former stockholders shareholders of the Company after the Effective Time pursuant to this Article IIIII. 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 pursuant to this Article III II shall promptly be paid to Parent.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Pokertek, Inc.)

Investment of Exchange Fund. The Paying Exchange Agent shall invest any cash included in the Exchange Fund as directed by Parent; provided provided, however, that no such investment or loss thereon shall affect the amounts payable to former stockholders of the Company after the Effective Time Securityholders pursuant to this Article IIIII. 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 Company Securityholders pursuant to this Article III II shall promptly be paid to Parent.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Towers Watson & Co.)

Investment of Exchange Fund. The Paying Exchange Agent shall invest any cash included in the Exchange Fund as directed by Parent; provided provided, however, that no such investment or loss thereon shall affect the amounts payable to former stockholders of the Company after the Effective Time Securityholders pursuant to this Article IIIARTICLE 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 Company Securityholders pursuant to this Article III ARTICLE II shall promptly be paid to Parent.

Appears in 1 contract

Samples: Agreement and Plan of Merger (HMS Holdings Corp)

Investment of Exchange Fund. The Paying Agent shall invest any cash included in the Exchange Fund as directed by Parent; Parent on a daily basis, provided that no such investment or loss thereon shall affect the amounts payable to former Company stockholders of the Company after the Effective Time pursuant to this Article III. 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 Company stockholders pursuant to this Article III I shall promptly be paid to Parent.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Neoware Inc)

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