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: Agreement and Plan of Merger (Sprague Resources LP), Agreement and Plan of Merger (American Midstream Partners, LP), Agreement and Plan of Merger (TLP Equity Holdings, LLC)

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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 and Plan of Merger, Purchase Agreement and Plan of Merger (LRR Energy, L.P.), Agreement and Plan of Merger (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: Agreement and Plan of Merger (Noble Energy Inc), Agreement and Plan of Merger (Clayton Williams Energy Inc /De)

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: Agreement and Plan of Merger (Sisecam Resources LP)

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: Agreement and Plan of Merger (Brookfield Asset Management Inc.)

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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: Agreement and Plan of Merger (Noble Energy Inc)

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: Agreement and Plan of Merger (Ugi Corp /Pa/)

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: Agreement and Plan of Merger (Eagle Rock Energy Partners L P)

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