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 directed by Buyer on a daily basis; provided that no such investment or loss thereon shall affect the amounts payable or the timing of the amounts payable to the Company stockholders pursuant to the other provisions of this Article III. Any interest and other income resulting from such investments shall promptly be paid to Buyer.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Plato Learning Inc), Agreement and Plan of Merger (Decode Genetics Inc), Agreement and Plan of Merger (Lightspan Inc)

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Investment of the Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund Fund, as directed by Buyer Buyer, on a daily basis; , provided that no such investment or loss thereon shall affect the amounts payable or the timing to holders of the amounts payable to the Company stockholders Common Stock pursuant to Article II and the other provisions of this Article IIIII. Any interest and other income resulting from such investments shall promptly be paid to Buyer.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Photomedex Inc), Agreement and Plan of Merger (Procyte Corp /Wa/), Agreement and Plan of Merger (Photomedex Inc)

Investment of the Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund as directed by Buyer Purchaser on a daily basis; provided that no such investment , or loss thereon shall affect as otherwise agreed to by Purchaser and the amounts payable or the timing of the amounts payable to the Company stockholders pursuant to the other provisions of this Article IIIExchange Agent. Any interest and other income resulting from such investments shall promptly be paid to BuyerPurchaser, or as otherwise agreed to by Purchaser and the Exchange Agent.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Wellpoint Health Networks Inc /De/), Agreement and Plan of Merger (Wellpoint Inc), Agreement and Plan of Merger (Anthem Inc)

Investment of the Exchange Fund. The Exchange Paying Agent shall invest any the cash included in the Exchange Fund as directed by Buyer the Purchaser on a daily basis; provided that no such investment or loss thereon shall affect the amounts payable or the timing of the amounts payable to the Company stockholders pursuant to the other provisions of this Article III. Any interest and other income resulting from such investments shall promptly be paid to Buyerthe Purchaser.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Stage Stores Inc)

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Investment of the Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund as directed by Buyer Wxxxxx-Xxxxxxx on a daily basis; provided that no such investment or loss thereon shall affect the amounts payable or the timing of the amounts payable to the Company stockholders pursuant to the other provisions of this Article III. Any interest and other income resulting from such investments shall promptly be paid to BuyerWxxxxx-Xxxxxxx.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Agouron Pharmaceuticals Inc)

Investment of the Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund as directed by Buyer on a daily basis; provided that no such investment or loss thereon shall affect the amounts payable or the timing of the amounts payable to the Company stockholders pursuant to the other provisions of this Article III. Any interest and other income resulting from such investments shall promptly be paid to Buyer.

Appears in 1 contract

Samples: Merger Agreement (Texas Instruments Inc)

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