Common use of Investment of the Exchange Fund Clause in Contracts

Investment of the Exchange Fund. Parent may cause the Paying Agent to invest any cash included in the Exchange Fund solely in cash or cash equivalent investments, as directed by Parent, on a daily basis, in Parent’s sole discretion; provided, however, that no such investment or loss thereon shall affect the amounts payable or the timing of the amounts payable to the Partnership Unaffiliated Unitholders pursuant to this Article III. Any interest and other income resulting from such investments shall be paid promptly to Parent.

Appears in 4 contracts

Samples: Merger Agreement (Sprague Resources LP), Merger Agreement (American Midstream Partners, LP), Merger Agreement (TransMontaigne Partners L.P.)

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Investment of the Exchange Fund. Parent may will cause the Paying Exchange Agent to invest any cash included in the Exchange Fund solely in cash or cash equivalent investments, as directed by Parent, Parent on a daily basis, in Parent’s sole discretion; provided, however, that no such investment or loss thereon shall affect affects the amounts payable or the timing of the amounts payable to the Partnership Unaffiliated Unitholders pursuant to the other provisions of this Article IIISection 3.3. Any interest and other income resulting from such investments shall will be paid promptly to Parent.

Appears in 3 contracts

Samples: Purchase Agreement, Purchase Agreement (LRR Energy, L.P.), Merger Agreement (QR Energy, LP)

Investment of the Exchange Fund. Parent may will cause the Paying Exchange Agent to invest any the cash included in the Exchange Fund solely in cash or cash equivalent investments, as directed by Parent, Parent on a daily basis, in Parent’s sole discretion; provided, however, that no such investment or loss thereon shall affect affects the amounts payable or the timing of the amounts payable to the Partnership Unaffiliated Unitholders holders of Company Common Shares, Company Preferred Shares, Company Options, Company Restricted Shares and Company Warrants, as applicable, pursuant to the other provisions of this Article IIISection 3.3 and Section 3.7, Section 3.8 and Section 3.9. Any interest and other income resulting from such investments shall will be paid promptly to Parent.

Appears in 2 contracts

Samples: Merger Agreement (Noble Energy Inc), Merger Agreement (Clayton Williams Energy Inc /De)

Investment of the Exchange Fund. Parent may will cause the Paying Exchange Agent to invest any the cash included in the Exchange Fund solely in cash or cash equivalent investments, as directed by Parent, Parent on a daily basis, in Parent’s sole discretion; provided, however, that no such investment or loss thereon shall will affect the amounts payable or the timing of the amounts payable to the Partnership Unaffiliated Unitholders holders of Public Common Units pursuant to the other provisions of this Article IIISection 3.3. Any interest and other income resulting from such investments shall will be paid promptly to Parent.

Appears in 1 contract

Samples: Merger Agreement (Ugi Corp /Pa/)

Investment of the Exchange Fund. Parent may will cause the Paying Exchange Agent to invest any the cash included in the Exchange Fund solely in cash or cash equivalent investments, as directed by Parent, Parent on a daily basis, in Parent’s sole discretion; provided, however, that no such investment or loss thereon shall affect affects the amounts payable or the timing of the amounts payable to the Partnership Unaffiliated Unitholders holders of Company Common Shares, Company Options, Company Restricted Shares and Company PSUs, as applicable, pursuant to the other provisions of this Article IIISection 3.3 and Section 3.5. Any interest and other income resulting from such investments shall will be paid promptly to Parent.

Appears in 1 contract

Samples: Merger Agreement (Noble Energy Inc)

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Investment of the Exchange Fund. Parent may cause the Paying Information and Exchange Agent to invest any cash included in the Exchange Fund solely in cash or cash equivalent investments, as directed by Parent, on a daily basis, in Parent’s sole discretion; provided, however, that no such investment or loss thereon shall affect the amounts payable or the timing of the amounts payable to the Partnership Unaffiliated Unitholders holders of Common Units converted into the right to receive the Merger Consideration that were outstanding immediately prior to the Effective Time pursuant to this Article III. Any interest and other income resulting from such investments shall be paid promptly to Parent.this

Appears in 1 contract

Samples: Merger Agreement (Brookfield Asset Management Inc.)

Investment of the Exchange Fund. Parent may will cause the Paying Exchange Agent to invest any cash included in the Exchange Fund solely in cash or cash equivalent investments, (other than the New Common Units) as directed by Parent, Parent on a daily basis, in Parent’s sole discretion; provided, however, that no such investment or loss thereon shall affect affects the amounts payable or the timing of the amounts payable to the Partnership Unaffiliated Unitholders pursuant to the other provisions of this Article IIISection 3.3. Any interest and other income resulting from such investments shall will be paid promptly to Parent.

Appears in 1 contract

Samples: Merger Agreement (Eagle Rock Energy Partners L P)

Investment of the Exchange Fund. Parent may cause the Paying Agent to invest any cash included in the Exchange Fund solely in cash or cash equivalent investments, as directed by ParentXxxxxx, on a daily basis, in Parent’s sole discretion; provided, however, that no such investment or loss thereon shall affect the amounts payable or the timing of the amounts payable to the Partnership Unaffiliated Unitholders holders of Common Units whose Common Units are converting into the right to receive the Merger Consideration pursuant to this Article III. Any interest and other income resulting from such investments shall be paid promptly to Parent.

Appears in 1 contract

Samples: Merger Agreement (Sisecam Resources LP)

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