Common use of Investment of Merger Fund Clause in Contracts

Investment of Merger Fund. The Payment Agent shall invest the cash in the Merger Fund as directed by 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 II. Any interest and other income resulting from such investment shall become a part of the Merger Fund, and any amounts in excess of the amounts payable to Company stockholders pursuant to this Article II shall promptly be paid to Parent.

Appears in 2 contracts

Samples: Merger Agreement (Bio Lok International Inc), Merger Agreement (Acxiom Corp)

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Investment of Merger Fund. The Payment Paying Agent shall invest the any cash included in the Merger Fund Fund, as directed by Parent Parent, on a daily basis; provided that no in the case of any Losses incurred as a result of such investment or loss thereon investments, Parent shall affect take all actions necessary to ensure that the amounts payable Merger Fund includes at all times cash sufficient to Company stockholders pursuant to satisfy Parent’s obligations under this Article IIIV. Any interest and other income resulting from such investment investments shall become a part of the Merger Fund, and any amounts in excess of the amounts payable to Company stockholders pursuant to this Article II shall promptly be paid to Parent.

Appears in 1 contract

Samples: Merger Agreement (Usi Holdings Corp)

Investment of Merger Fund. The Payment Paying Agent shall invest the cash in the Merger 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 payments to Company stockholders shareholders pursuant to this Article II. I. Any interest and other income resulting from such investment shall become a part of the Merger Fund, and any amounts in excess of the amounts payable to Company stockholders shareholders pursuant to this Article II I shall promptly be paid to Parent.

Appears in 1 contract

Samples: Merger Agreement (Mediabin Inc)

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Investment of Merger Fund. The Payment Paying Agent shall invest the any cash included in the Merger Fund Fund, as directed by Parent Parent, on a daily basis; provided that no in the case of any losses incurred as a result of such investment or loss thereon investments, Parent shall affect take all actions necessary to ensure that the amounts payable Merger Fund includes at all times cash sufficient to Company stockholders pursuant to satisfy Parent's obligations under this Article IIIV. Any interest and other income resulting from such investment investments shall become a part of the Merger Fund, and any amounts in excess of the amounts payable to Company stockholders pursuant to this Article II shall promptly be paid to Parent.

Appears in 1 contract

Samples: Merger Agreement (Friendly Ice Cream Corp)

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