Common use of Investment of the Exchange Fund Clause in Contracts

Investment of the Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund as reasonably directed by Sovereign; provided that, such investments shall be in obligations of or guaranteed by the United States of America and backed by a full faith and credit of the United States of America or in commercial paper obligations rated P-1 and A-1 or better by Xxxxx'x Investors Service, Inc. and Standard & Poor's Corporation, respectively. Any interest and other income resulting from such investments shall be payable to Sovereign.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (First Essex Bancorp Inc), Agreement and Plan of Merger (Main Street Bancorp Inc), Stock Option Agreement (Sovereign Bancorp Inc)

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Investment of the Exchange Fund. The Exchange Agent shall invest any cash Any funds included in the Exchange Fund may be invested by the Exchange Agent, as reasonably directed by SovereignParent; provided that, that such investments shall be in obligations of or guaranteed by the United States of America and backed by a the full faith and credit of the United States of America or in commercial paper obligations rated A-1 or P-1 and A-1 or better by Xxxxx'x Mxxxx’x Investors ServiceServices, Inc. and or Standard & Poor's ’s Corporation, respectively. Any interest and other income resulting from such investments shall promptly be payable paid to SovereignParent.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Broadwing Corp), Agreement and Plan of Merger (Broadwing Corp), Agreement and Plan of Merger (Highbury Financial Inc)

Investment of the Exchange Fund. The Exchange Agent shall invest any cash Any funds included in the Exchange Fund may be invested by the Exchange Agent, as reasonably directed by SovereignParent; provided that, that such investments shall be in obligations of or guaranteed by the United States of America and backed by a the full faith and credit of the United States of America or in commercial paper obligations rated A-1 or P-1 and A-1 or better by Xxxxx'x Investors ServiceServices, Inc. and or Standard & Poor's Corporation, respectively. Any interest and other income resulting from such investments shall promptly be payable paid to SovereignParent.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Neuberger Berman Inc), Agreement and Plan of Merger (Level 3 Communications Inc)

Investment of the Exchange Fund. The Exchange Agent shall invest any cash Any funds included in the Exchange Fund may be invested by the Exchange Agent, as reasonably directed by SovereignParent; provided that, that such investments shall be in obligations of or guaranteed by the United States of America and backed by a the full faith and credit of the United States of America or in commercial paper obligations rated A-1 or P-1 and A-1 or better by Xxxxx'x Xxxxx’x Investors ServiceServices, Inc. and or Standard & Poor's ’s Corporation, respectively. Any interest and other income resulting from such investments shall promptly be payable paid to SovereignParent.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Franklin Resources Inc), Agreement and Plan of Merger (Legg Mason, Inc.)

Investment of the Exchange Fund. The Exchange Agent shall invest any cash Any funds included in the Exchange Fund may be invested by the Payment Agent, as reasonably directed by SovereignParent; provided thatprovided, that such investments shall be in obligations of or guaranteed by the United States of America and backed by a the full faith and credit of the United States of America or in commercial paper obligations rated A-1 or P-1 and A-1 or better by Xxxxx'x Xxxxx’x Investors ServiceServices, Inc. and or Standard & Poor's ’s Corporation, respectively. Any interest and other income resulting from such investments shall promptly be payable paid to SovereignParent.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Applix Inc /Ma/), Agreement and Plan of Merger (Cognos Inc)

Investment of the Exchange Fund. The Exchange Agent shall invest any cash Any funds included in the Exchange Fund may be invested by the Exchange Agent, as reasonably directed by SovereignParent; provided that, that such investments shall be in obligations of or guaranteed by the United States of America and backed by a the full faith and credit of the United States of America or in commercial paper obligations rated A-1 or P-1 and A-1 or better by Xxxxx'x Investors Service, Inc. and or Standard & Poor's Corporation, respectively. Any interest and other income resulting from such investments shall promptly be payable paid to Sovereignthe Surviving Corporation.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Nine West Group Inc /De), Agreement and Plan of Merger (Jones Apparel Group Inc)

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Investment of the Exchange Fund. The Exchange Agent shall invest any cash Any funds included in the Exchange Fund may be invested by the Exchange Agent, as reasonably directed by SovereignParent; provided that, that such investments shall be in obligations of or guaranteed by the United States of America and backed by a the full faith and credit of the United States of America or in commercial paper obligations rated A-1 or P-1 and A-1 or better by Xxxxx'x Moody's Investors ServiceServices, Inc. and or Standard & Poor's Corporation, respectivelyxxxxxxxively. Any interest and other income resulting from such investments shall promptly be payable paid to SovereignParent.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Lehman Brothers Holdings Inc)

Investment of the Exchange Fund. The Exchange Agent shall invest any cash Any funds included in the Exchange Fund may be invested by the Exchange Agent, as reasonably directed by SovereignParent; provided that, that such investments shall be in obligations of or guaranteed by the United States of America and backed by a the full faith and credit of the United States of America or in commercial paper obligations rated A-1 or P-1 and A-1 or better by Xxxxx'x Investors ServiceMoodx'x Xxxestors Services, Inc. and or Standard & Poor's Corporation, respectively. Any interest and other income resulting from such investments shall promptly be payable paid to Sovereignthe Surviving Corporation.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Safeway Inc)

Investment of the Exchange Fund. The Exchange Agent shall invest any cash Any funds included in the Exchange Fund may be invested by the Exchange Agent, as reasonably directed by SovereignParent; provided that, that such investments shall be in obligations of or guaranteed by the United States of America and or backed by a the full faith and credit of the United States of America America;provided, further, that no such investment or in commercial paper obligations rated P-1 and A-1 loss thereon shall affect the amounts payable or better by Xxxxx'x Investors Service, Inc. and Standard & Poor's Corporation, respectivelythe timing of the amounts payable to the Company shareholders pursuant to the other provisions of this Article II. Any interest and other income resulting from such investments shall promptly be payable paid to Sovereignor at the discretion of Parent.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Brandywine Operating Partnership Lp /Pa)

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