Common use of Investment of Payment Fund Clause in Contracts

Investment of Payment Fund. The Paying Agent shall invest the Payment 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 principal and interest, (iii) commercial paper rated the highest quality by either Xxxxx'x Investors Services, Inc. or Standard & Poor's Corporation, or (iv) certificates of deposit, bank repurchase agreements or bankers' acceptances of commercial banks with capital exceeding $500 million. Any net earnings with respect to the Payment Fund shall be the property of and paid over to Parent as and when requested by Parent.

Appears in 7 contracts

Samples: Merger Agreement (Louisiana Pacific Corp), Merger Agreement (Abt Building Products Corp), Merger Agreement (Elekta AB)

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Investment of Payment Fund. The Paying Agent shall invest the -------------------------- Payment 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 principal and interest, (iii) commercial paper rated the highest quality by either Xxxxx'x Investors Services, Inc. or Standard & Poor's Corporation, or (iv) certificates of deposit, bank repurchase agreements or bankers' acceptances of commercial banks with capital exceeding $500 million. Any net earnings with respect to the Payment Fund shall be the property of and paid over to Parent as and when requested by Parent.

Appears in 4 contracts

Samples: Merger Agreement (Cayenne Software Inc), Merger Agreement (Information Advantage Inc), Merger Agreement (Sterling Software Inc)

Investment of Payment Fund. The Paying Agent shall invest the --------------------------- Payment 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 principal and interest, (iii) commercial paper rated the highest quality by either Xxxxx'x Investors Services, Inc. or Standard & Poor's Corporation, or (iv) certificates of deposit, bank repurchase agreements or bankers' acceptances of commercial banks with capital exceeding $500 million. Any net earnings with respect to the Payment Fund shall be the property of and paid over to Parent as and when requested by Parent.

Appears in 2 contracts

Samples: Merger Agreement (Sterling Software Inc), Merger Agreement (Interlink Computer Sciences Inc)

Investment of Payment Fund. The Paying Agent shall invest the Payment Fund, as directed by ParentParent or Purchaser, in (i) direct obligations of the United States of America, (ii) obligations for which the full faith and credit of the United States State of America is pledged to provide for the payment of principal and interest, (iii) commercial paper rated of the highest quality by either Xxxxx'x Investors ServicesService, Inc. or Standard & Poor's Corporation, or (iv) certificates of deposit, bank repurchase agreements or bankers' acceptances of commercial banks with capital exceeding $500 million. Any net earnings with respect to the Payment Fund shall be the property of and paid over to Parent as and when requested by Parent.

Appears in 1 contract

Samples: Merger Agreement (Ea Engineering Acquisition Corp)

Investment of Payment Fund. The Paying Agent shall invest the Payment 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 principal and interest, (iii) commercial paper rated the highest quality by either Xxxxx'x Xxxxx’x Investors Services, Inc. or Standard & Poor's ’s Corporation, or (iv) certificates of deposit, bank repurchase agreements or bankers' acceptances of commercial banks with capital exceeding $500 million. Any net earnings with respect to the Payment Fund shall be the property of and paid over to Parent as and when requested by Parent.

Appears in 1 contract

Samples: Merger Agreement (Impac Medical Systems Inc)

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Investment of Payment Fund. The Paying Agent shall invest the -------------------------- Payment 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 principal and interest, (iii) commercial paper rated the highest quality by either Xxxxx'x Mxxxx'x Investors Services, Inc. or Standard & Poor's Corporation, or (iv) certificates of deposit, bank repurchase agreements or bankers' acceptances of commercial banks with capital exceeding $500 million. Any net earnings with respect to the Payment Fund shall be the property of and paid over to Parent as and when requested by Parent.

Appears in 1 contract

Samples: Merger Agreement (Atpos Com Inc)

Investment of Payment Fund. The Paying Exchange Agent shall invest the -------------------------- Payment 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 principal and interest, (iii) commercial paper rated the highest quality by either Xxxxx'x Investors Services, Inc. or Standard & Poor's Corporation, or (iv) certificates of deposit, bank repurchase agreements or bankers' acceptances of commercial banks with capital exceeding $500 million. Any net earnings with respect to the Payment Fund shall be the property of and paid over to Parent as and when requested by Parent.

Appears in 1 contract

Samples: Merger Agreement (Sterling Software Inc)

Investment of Payment Fund. The Paying Agent shall invest the Payment 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 principal and interest, (iii) commercial paper rated the highest quality by either Xxxxx'x Moody's Investors Services, Inc. or Standard & Poor's Corporation, or (ivxx) certificates xxrtificates of deposit, bank repurchase agreements or bankers' acceptances of commercial banks with capital exceeding $500 million. Any net earnings with respect to the Payment Fund shall be the property of and paid over to Parent as and when requested by Parent.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Symbol Technologies Inc)

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