Loss of Dissenting Share Status. Notwithstanding the provisions of Section 1.6(a), if any holder of shares of Company Capital Stock who demands appraisal of such holder’s shares under the DGCL shall effectively withdraw or lose (through the failure to perfect or otherwise) such holder’s right to appraisal, then as of the Closing or the occurrence of such event, whichever later occurs, such holder’s shares of Company Capital Stock shall automatically be converted into the right to receive the applicable Merger Consideration, without interest thereon, promptly following the surrender of the certificate or certificates representing such shares of Company Capital Stock.
Loss of Dissenting Share Status. Notwithstanding the provisions of Section 1.10(a), if any holder of shares of Company Capital Stock who demands appraisal of such holder’s shares under the DGCL shall effectively withdraw or lose (through the failure to perfect or otherwise) such holder’s right to appraisal, then as of the occurrence of such event, such holder’s shares of Company Capital Stock shall automatically be converted into the right to receive the applicable Merger Consideration, without interest thereon, as and when payable pursuant to this Agreement.
Loss of Dissenting Share Status. Notwithstanding the provisions of Section 1.7(a), if any holder of shares of Capital Stock who has asserted such holder’s right to payment of the “fair value” for such holder’s shares under the DGCL (or “fair market value” for such holder’s shares under Chapter 13) shall effectively withdraw or lose (through the failure to perfect or otherwise) such holder’s dissenters’ rights, then such holder’s shares of Capital Stock shall thereupon be deemed automatically to have been converted, as of the Effective Time, into the right to receive the applicable Merger Consideration, without interest thereon, promptly following the surrender of the certificate or certificates representing such shares of Capital Stock or upon the delivery of an appropriate affidavit, in each case, in accordance with Section 1.8.
Loss of Dissenting Share Status. Notwithstanding the provisions of Section 3.6(a), if any holder of shares of Common Stock or Preferred Stock who demands appraisal of such holder’s shares under the DGCL shall effectively withdraw, waive or otherwise lose (through the failure to perfect or otherwise) such holder’s right to appraisal, then as of the Effective Time or the occurrence of such event, whichever later occurs, such holder’s shares of Common Stock or Preferred Stock, as applicable, shall automatically be converted into the right to receive the applicable consideration payable by the Buyer under Article III, without interest thereon, as and when payable pursuant to this Agreement, following the surrender of the Certificate or Certificates representing such shares of Common Stock or Preferred Stock.
Loss of Dissenting Share Status. Notwithstanding the provisions of Section 1.9(a), if any holder of shares of Company Capital Stock who demands appraisal of such holder’s shares under the DGCL (or, if the Company is subject to Section 2115 of the CGCL, the CGCL) shall effectively withdraw or lose (through the failure to perfect or otherwise) such holder’s right to appraisal, then as of the Closing or the occurrence of such event, whichever later occurs, such holder’s shares of Company Capital Stock shall automatically be converted into the right to receive the applicable Merger Consideration, without interest thereon, promptly following the surrender of the certificate or certificates representing such shares of Company Capital Stock.
Loss of Dissenting Share Status. Notwithstanding the provisions of Section 1.10(a), if any holder of Dissenting Shares shall lose such holder’s status as such (through the failure to perfect or otherwise), then as of the Effective Time or the occurrence of such event, whichever occurs later, such Dissenting Shares shall automatically be deemed to have been converted only into the right to receive the applicable consideration contemplated by Section 1.5, without interest thereon, promptly following the surrender of the certificate or certificates representing such shares in accordance with Section 1.11.
Loss of Dissenting Share Status. Notwithstanding the provisions of Section 1.7(a), if any holder of shares of Company Common Stock entitled to exercise and who exercises dissenters’ rights with respect to such holder’s shares under the WBCA shall effectively withdraw or lose (through the failure to perfect or otherwise) such holder’s dissenters’ right under the WBCA, then as of the Closing or the occurrence of such event, whichever occurs later, such holder’s shares of Company Common Stock shall automatically be deemed to have been converted as of the Effective Time into, and to have become exchangeable solely for, the right to receive the applicable Merger Consideration, without interest thereon.
Loss of Dissenting Share Status. Notwithstanding the provisions of Section 1.6(a), if any holder of shares of Target Stock who demands appraisal of such holder’s shares under the DGCL shall effectively withdraw or lose (through the failure to perfect or otherwise) such holder’s right to appraisal, then as of the Closing or the occurrence of such event, whichever later occurs, such holder’s shares of Target Stock shall automatically be converted into the right to receive the applicable Merger Consideration, without interest thereon, promptly following the surrender of the certificate or certificates, or the delivery of an affidavit of lost certificate as described in Section 1.7(e), representing such shares of Target Stock.
Loss of Dissenting Share Status. Notwithstanding the provisions of Section 1.9(a), if any holder of Dissenting Shares shall lose such holder’s status as such (through the failure to perfect or otherwise), then as of the Effective Time or the time of the loss of such status, whichever occurs later, such Dissenting Shares shall automatically be deemed to have been converted only into the right to receive the applicable Merger Consideration, without interest thereon, promptly following the surrender of such shares in accordance with Section 1.10 and the applicable Merger Consideration will be paid to the Payment Fund (as defined below) for each such Dissenting Share.
Loss of Dissenting Share Status. Notwithstanding the provisions of Section 1.7(a), if any holder of Dissenting Shares shall effectively withdraw or lose (through the failure to perfect or otherwise) such holder’s right to appraisal, then as of the Effective Time, such holder’s shares of Company Capital Stock shall be deemed to have been automatically be converted into the right to receive the applicable Merger Consideration, without interest thereon. Promptly following any such withdrawal or loss of appraisal rights, Parent shall deposit an amount of cash with the Payment Agent equal to the cash consideration payable in respect of such holder’s shares of Company Capital Stock pursuant to Sections 1.5(a)(ii) and 1.5(a)(iii), as applicable, as if such shares had not been Dissenting Shares.
