Lost Stock Certificates. In the event that any Stock Certificate shall have been lost, stolen or destroyed, upon the making of an affidavit of that fact and posting bond acceptable to Acquiror by the person claiming such Stock Certificate to be lost, stolen or destroyed, the shares of Acquiror Common Stock and Acquiror Preferred Stock, as provided in this Section 2.2 shall be deliverable in respect thereof pursuant to this Agreement.
Appears in 3 contracts
Samples: Agreement and Plan of Acquisition (Reac Group, Inc.), Agreement and Plan of Share Exchange Agreement (Reac Group, Inc.), Definitive Agreement and Plan of Merger and Reorganization (Reac Group, Inc.)
Lost Stock Certificates. In the event that If any Stock Certificate shall have been lost, stolen stolen, or destroyed, upon the making of an affidavit of that fact and posting bond acceptable to Acquiror by the person Person claiming such Stock Certificate to be lost, stolen stolen, or destroyed, the shares of Acquiror Common Paying Agent shall deliver in exchange for such lost, stolen, or destroyed Stock and Acquiror Preferred Stock, as provided in this Section 2.2 shall be deliverable Certificate the Merger Consideration payable in respect thereof pursuant to this AgreementSection 3.1.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Wireless Telecom Group Inc), Agreement and Plan of Merger (Nic Inc)
Lost Stock Certificates. In the event that If any Stock Certificate shall have been lost, stolen stolen, or destroyed, upon the making of an affidavit of that fact and posting bond acceptable to Acquiror by the person Person claiming such Stock Certificate to be lost, stolen stolen, or destroyed, the shares of Acquiror Common Paying Agent shall deliver in exchange for such lost, stolen, or destroyed Stock and Acquiror Preferred Stock, as provided in this Section 2.2 shall be deliverable Certificate the Merger Consideration payable in respect thereof pursuant to this Agreement.Section 3.1. (f)
Appears in 1 contract
Samples: Agreement and Plan of Merger (Tyler Technologies Inc)
Lost Stock Certificates. In the event that any Stock Certificate stock certificate shall have been lost, stolen or destroyed, upon the making of an affidavit of that fact and posting bond acceptable to Acquiror by the person claiming such Stock Certificate stock certificate to be lost, stolen or destroyeddestroyed and, if reasonably required by Peoples or the Exchange Agent, the shares posting by such person of Acquiror Common Stock and Acquiror Preferred Stocka bond in such amount as Peoples may determine is reasonably necessary as indemnity against any claim that may be made against it with respect to such stock certificate, as provided the Exchange Agent will issue in this Section 2.2 shall be exchange for such lost, stolen or destroyed stock certificate the Merger Consideration deliverable in respect thereof pursuant to this Agreement.
Appears in 1 contract
Samples: Agreement and Plan (Penseco Financial Services Corp)
Lost Stock Certificates. In the event that If any certificate of Company Capital Stock Certificate shall have been lost, stolen or destroyed, upon (i) the making of an affidavit (a “Lost Certificate Affidavit”) of that fact and posting bond acceptable to Acquiror by the person Person claiming such Stock Certificate to be lost, stolen or destroyeddestroyed in form and substance reasonably acceptable to Buyer and (ii) the agreement to provide a customary indemnity with respect to such lost certificate, the shares of Acquiror Common Stock and Acquiror Preferred StockCompany shall issue in exchange for such lost, as provided in this Section 2.2 shall be deliverable in respect thereof stolen or destroyed certificate, the consideration to which such Person is entitled pursuant to this Agreement.
Appears in 1 contract
Lost Stock Certificates. In the event that any Stock Certificate shall have been lost, stolen or destroyed, upon the making of an affidavit of that fact and posting bond acceptable to Acquiror by the person claiming such Stock Certificate to be lost, stolen or destroyed, the shares of Acquiror Common or Preferred Stock and unpaid dividends and distributions on shares of Acquiror Common or Preferred Stock, as applicable, as provided in this Section 2.2 shall be deliverable in respect thereof pursuant to this Agreement.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (NYBD Holding, Inc.)
Lost Stock Certificates. In the event that any Stock Certificate shall have been lost, stolen or destroyed, upon the making of an affidavit of that fact and posting bond acceptable to Acquiror by the person claiming such Stock Certificate to be lost, stolen or destroyed, destroyed the shares of Acquiror Common Capital, and unpaid dividends and distributions on shares of Acquiror Capital Stock and Acquiror Preferred Stock, as provided in this Section 2.2 2.2, and reasonable inquiry by the Acquiror into the books and records of Surviving Corporation, shall be deliverable in respect thereof pursuant to this Agreement.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Surgical Safety Products Inc)
Lost Stock Certificates. In the event that If any Stock Certificate shall have been lost, stolen stolen, or destroyed, upon the making of an affidavit of that fact and posting bond acceptable to Acquiror by the person Person claiming such Stock Certificate to be lost, stolen stolen, or destroyed, the Surviving Company shall deliver in exchange for such lost, stolen, or destroyed Stock Certificate the Closing Merger Consideration with respect to the number of shares of Acquiror NWS Common Stock and Acquiror Preferred Stock, evidenced thereby as provided in this Section 2.2 shall be deliverable in respect thereof pursuant to this Agreementset forth on Schedule 3.2(b) for such Shareholder.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Tyler Technologies Inc)
Lost Stock Certificates. In the event that If any Stock Certificate shall have been lost, stolen stolen, or destroyed, upon the making of an affidavit of that fact and posting bond acceptable to Acquiror by the person Person claiming such Stock Certificate to be lost, stolen stolen, or destroyed, the Paying Agent shall deliver in exchange for such lost, stolen, or destroyed Stock Certificate the Closing Merger Consideration applicable to the type and number of shares of Acquiror Common Socrata Stock and Acquiror Preferred Stock, evidenced thereby as provided in this Section 2.2 shall be deliverable in respect thereof pursuant to this Agreementset forth on Consideration Spreadsheet for such Stockholder.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Tyler Technologies Inc)
Lost Stock Certificates. In the event that any Stock Certificate shall have been lost, stolen or destroyed, upon the making of an affidavit of that fact and posting bond acceptable to Acquiror by the person claiming such Stock Certificate to be lost, stolen or destroyed, destroyed the shares of Acquiror Common Stock and cash in lieu of fractional shares, and unpaid dividends and distributions on shares of Acquiror Common Stock or Acquiror Preferred Stock, as applicable, as provided in this Section 2.2 shall be deliverable in respect thereof pursuant to this Agreement.
Appears in 1 contract
Samples: Agreement and Plan of Merger (World Commerce Online Inc)