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.
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Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Yelp Inc)
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 or the CGCL, as applicable, 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.
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Loss of Dissenting Share Status. Notwithstanding the provisions of Section 1.6(a)1.10, if any holder of shares of Company Capital Stock who demands appraisal of such holder’s shares under the DGCL or the CGCL, as applicable, 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, if any, without interest thereon, promptly following the surrender of the certificate or certificates representing such shares of Company Capital Stock.
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Samples: Agreement and Plan of Merger (Sorrento Therapeutics, Inc.)
Loss of Dissenting Share Status. Notwithstanding the provisions of Section 1.6(a1.8(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 occursoccurs later, 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.
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Loss of Dissenting Share Status. Notwithstanding the provisions of Section 1.6(a1.8(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 as, if and when payable pursuant to this Agreement, following the surrender of the certificate or certificates representing such shares of Company Capital StockStock or an appropriate affidavit in accordance with Section 1.9(e).
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Samples: Agreement of Merger (Oclaro, Inc.)
Loss of Dissenting Share Status. Notwithstanding the provisions of Section 1.6(a2.8(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 Merger 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.
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Samples: Agreement of Investment and Merger (Techne Corp /Mn/)
Loss of Dissenting Share Status. Notwithstanding the provisions of Section 1.6(a1.11(a), if any holder of shares of Company Capital Stock who demands appraisal of with respect to such holder’s shares under the DGCL shall effectively withdraw or lose (through the failure to perfect or otherwise) such holder’s right to appraisalappraisal under the DGCL, then as of the Closing First Effective Time or the occurrence of such event, whichever later occursoccurs later, 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 StockStock in accordance with Section 1.12.
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Loss of Dissenting Share Status. Notwithstanding the provisions of Section 1.6(a1.8(a), if any holder of shares of Company Capital Stock who demands appraisal of such holder’s shares under the DGCL or the CGCL shall effectively withdraw or lose (through the failure to perfect or otherwise) such holder’s right to appraisalappraisal under the DGCL or the CGCL, then as of the Closing or the occurrence of such event, whichever later occursoccurs later, 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.
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Loss of Dissenting Share Status. Notwithstanding the provisions of Section 1.6(a1.9(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 as and when payable pursuant to this Agreement, following the surrender of the certificate or certificates representing such shares of Company Capital Stock.
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Samples: Agreement of Merger (Oclaro, Inc.)
Loss of Dissenting Share Status. Notwithstanding the provisions of Section 1.6(a1.8(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.
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Loss of Dissenting Share Status. Notwithstanding the provisions of Section 1.6(a1.10(a), if any holder of shares of Company Capital Stock who demands appraisal of such holder’s shares under the DGCL DGCL, as applicable, 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, if any, without interest thereon, promptly following the surrender of the certificate or certificates representing such shares of Company Capital Stock.
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Samples: Agreement and Plan of Merger and Reorganization (Sorrento Therapeutics, Inc.)
Loss of Dissenting Share Status. Notwithstanding the provisions of Section 1.6(a1.7(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 appraisalappraisal under the DGCL, then as of the Closing or the occurrence of such event, whichever later occursoccurs later, 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, if any, or electronic transfer of Company Book Entry Shares.
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