Investment of the Exchange Fund. Any funds included in the Exchange Fund may be invested by the Exchange Agent, as directed by Parent; provided that such investments shall be in obligations of or guaranteed by the United States of America and backed by the full faith and credit of the United States of America or in commercial paper obligations rated A-1 or P-1 or better by Mxxxx’x Investors Services, Inc. or Standard & Poor’s Corporation, respectively. Any interest and other income resulting from such investments shall promptly be paid to Parent.
Appears in 3 contracts
Samples: Merger Agreement (Broadwing Corp), Merger Agreement (Broadwing Corp), Merger Agreement (Highbury Financial Inc)
Investment of the Exchange Fund. Any funds included in the Exchange Fund may be invested by the Exchange Agent, as directed by Parent; provided that such investments shall be in obligations of or guaranteed by the United States of America and backed by the full faith and credit of the United States of America or in commercial paper obligations rated A-1 or P-1 or better by Mxxxx’x Xxxxx’x Investors Services, Inc. or Standard & Poor’s Corporation, respectively. Any interest and other income resulting from such investments shall promptly be paid to Parent.
Appears in 2 contracts
Samples: Merger Agreement (Franklin Resources Inc), Merger Agreement (Legg Mason, Inc.)
Investment of the Exchange Fund. Any funds included in the Exchange Fund may be invested by the Exchange Agent, as directed by Parent; provided that such investments shall be in obligations of or guaranteed by the United States of America and backed by the full faith and credit of the United States of America or in commercial paper obligations rated A-1 or P-1 or better by Mxxxx’x Xxxxx'x Investors ServicesService, Inc. or Standard & Poor’s 's Corporation, respectively. Any interest and other income resulting from such investments shall promptly be paid to Parentthe Surviving Corporation.
Appears in 2 contracts
Samples: Merger Agreement (Nine West Group Inc /De), Merger Agreement (Jones Apparel Group Inc)
Investment of the Exchange Fund. Any funds included in the Exchange Fund may be invested by the Exchange Agent, as directed by Parent; provided that such investments shall be in obligations of or guaranteed by the United States of America and backed by the full faith and credit of the United States of America or in commercial paper obligations rated A-1 or P-1 or better by Mxxxx’x Xxxxx'x Investors Services, Inc. or Standard & Poor’s 's Corporation, respectively. Any interest and other income resulting from such investments shall promptly be paid to Parent.
Appears in 2 contracts
Samples: Merger Agreement (Level 3 Communications Inc), Merger Agreement (Neuberger Berman Inc)
Investment of the Exchange Fund. Any funds included in the Exchange Fund may be invested by the Exchange Payment Agent, as directed by Parent; provided provided, that such investments shall be in obligations of or guaranteed by the United States of America and backed by the full faith and credit of the United States of America or in commercial paper obligations rated A-1 or P-1 or better by Mxxxx’x Xxxxx’x Investors Services, Inc. or Standard & Poor’s Corporation, respectively. Any interest and other income resulting from such investments shall promptly be paid to Parent.
Appears in 2 contracts
Samples: Merger Agreement (Applix Inc /Ma/), Merger Agreement (Cognos Inc)
Investment of the Exchange Fund. Any funds included in the Exchange Fund may be invested by the Exchange Agent, as directed by Parent; provided that such investments shall be in obligations of or guaranteed by the United States of America and or backed by the full faith and credit of the United States of America America;provided, further, that no such investment or in commercial paper obligations rated A-1 loss thereon shall affect the amounts payable or P-1 or better by Mxxxx’x Investors Services, Inc. or 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 paid to or at the discretion of Parent.
Appears in 1 contract
Samples: Merger Agreement (Brandywine Operating Partnership Lp /Pa)
Investment of the Exchange Fund. Any funds included in the Exchange Fund may be invested by the Exchange Agent, as directed by Parent; provided that such investments shall be in obligations of or guaranteed by the United States of America and backed by the full faith and credit of the United States of America or in commercial paper obligations rated A-1 or P-1 or better by Mxxxx’x Investors Moodx'x Xxxestors Services, Inc. or Standard & Poor’s 's Corporation, respectively. Any interest and other income resulting from such investments shall promptly be paid to Parentthe Surviving Corporation.
Appears in 1 contract
Samples: Merger Agreement (Safeway Inc)
Investment of the Exchange Fund. Any funds included in the Exchange Fund may be invested by the Exchange Agent, as directed by Parent; provided that such investments shall be in obligations of or guaranteed by the United States of America and backed by the full faith and credit of the United States of America or in commercial paper obligations rated A-1 or P-1 or better by Mxxxx’x Moody's Investors Services, Inc. or Standard & Poor’s 's Corporation, respectivelyxxxxxxxively. Any interest and other income resulting from such investments shall promptly be paid to Parent.
Appears in 1 contract