Missing Certificates. In the event any Certificate shall have been lost, stolen or destroyed, upon the making of an affidavit of that fact and providing an appropriate indemnity or surety bond by the person claiming such Certificate to be lost, stolen or destroyed, the Exchange Agent will issue in exchange for such lost, stolen or destroyed Certificate the shares of Buyer Common Stock (including the dividends and distributions with respect thereto) and cash in lieu of fractional shares deliverable in respect thereof pursuant to this Agreement.
Appears in 2 contracts
Samples: Merger Agreement (Celldex Therapeutics, Inc.), Merger Agreement (Curagen Corp)
Missing Certificates. In the event any Certificate shall have been lost, stolen or destroyed, upon the making of an affidavit of that fact and providing an appropriate indemnity or surety bond consistent with Parent’s ordinary course with respect to its own stockholders by the person claiming such Certificate to be lost, stolen or destroyed, the Exchange Agent will issue pay in exchange for such lost, stolen or destroyed Certificate the shares of Buyer Common Stock (including the dividends and distributions with respect thereto) and Merger Consideration, cash in lieu of fractional shares and any dividends and other distributions, if any, deliverable in respect thereof pursuant to this Agreement.
Appears in 2 contracts
Samples: Merger Agreement (Intersil Corp/De), Merger Agreement (Intersil Corp/De)
Missing Certificates. In the event any Certificate shall have been lost, stolen or destroyed, upon the making of an affidavit of that fact and providing an appropriate indemnity or surety bond by the person claiming such Certificate to be lost, stolen or destroyed, the Exchange Agent will issue in exchange for such lost, stolen or destroyed Certificate the shares of Buyer Parent Common Stock (including the dividends and distributions with respect thereto) and cash in lieu of fractional shares Fractional Shares deliverable in respect thereof pursuant to this Agreement.
Appears in 2 contracts
Samples: Merger Agreement (Bergen Brunswig Corp), Merger Agreement (Amerisource Health Corp/De)
Missing Certificates. In the event any Certificate shall have been lost, stolen or destroyed, upon the making of an affidavit of that fact and the providing of an appropriate indemnity or surety bond by the person Person claiming such Certificate to be lost, stolen or destroyed, the Exchange Agent will issue in exchange for such lost, stolen or destroyed Certificate Certificate, the shares of Buyer Common Cash Consideration, or the Stock (including the Consideration and dividends and distributions with respect thereto) and cash in lieu of fractional shares deliverable in respect thereof pursuant to this Agreement, less the amount of any withholding taxes that may be required thereon, and without interest.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Utilicorp United Inc), Merger Agreement (Empire District Electric Co)
Missing Certificates. In the event any Certificate shall have been lost, stolen or destroyed, upon the making of an affidavit of that fact and providing an appropriate indemnity or surety bond consistent with Parent's ordinary course with respect to its own stockholders by the person claiming such Certificate to be lost, stolen or destroyed, the Exchange Agent will issue pay in exchange for such lost, stolen or destroyed Certificate the shares of Buyer Common Stock (including the dividends and distributions with respect thereto) and Merger Consideration, cash in lieu of fractional shares and any dividends and other distributions, if any, deliverable in respect thereof pursuant to this Agreement.
Appears in 1 contract
Samples: Merger Agreement (Xicor Inc)
Missing Certificates. In the event any Certificate shall have been lost, stolen or destroyed, upon the making of an affidavit of that fact and providing an appropriate indemnity or surety bond by the person claiming such Certificate to be lost, stolen or destroyed, the Exchange Paying Agent will issue deliver in exchange for such lost, stolen or destroyed Certificate the shares of Buyer Common Stock (including the dividends and distributions applicable Merger Consideration with respect thereto) and cash in lieu of fractional shares deliverable in respect thereof pursuant to this Agreement.
Appears in 1 contract
Samples: Merger Agreement (Onesource Information Services Inc)
Missing Certificates. In the event any Certificate shall have been lost, stolen or destroyed, upon the making of an affidavit of that fact and providing an appropriate indemnity or surety bond by the person claiming such Certificate to be lost, stolen or destroyed, the Exchange Agent will issue pay in exchange for such lost, stolen or destroyed Certificate the shares of Buyer Common Stock (including the dividends and distributions with respect thereto) and Merger Consideration, cash in lieu of fractional shares and any dividends and other distributions, if any, deliverable in respect thereof pursuant to this Agreement.
Appears in 1 contract
Missing Certificates. In the event any Certificate shall have been lost, stolen or destroyed, upon the making of an affidavit of that fact and the providing of an appropriate indemnity or surety bond by the person Person claiming such Certificate to be lost, stolen or destroyed, the Exchange Agent will issue in exchange for such lost, stolen or destroyed Certificate the shares of Buyer JSC Common Stock (including the Stock, dividends and distributions with respect thereto) and cash in lieu of fractional shares deliverable in respect thereof pursuant to this Agreement.
Appears in 1 contract
Missing Certificates. In the event any Certificate shall -------------------- have been lost, stolen or destroyed, upon the making of an affidavit of that fact and providing an appropriate indemnity or surety bond by the person claiming such Certificate to be lost, stolen or destroyed, the Exchange Agent will issue in exchange for such lost, stolen or destroyed Certificate the shares of Buyer Parent Common Stock (including the associated Rights, dividends and distributions with respect thereto) and cash in lieu of fractional shares shares, deliverable in respect thereof pursuant to this Agreement.
Appears in 1 contract
Missing Certificates. In the event any Certificate -------------------- shall have been lost, stolen or destroyed, upon the making of an affidavit of that fact and providing an appropriate indemnity or surety bond by the person claiming such Certificate to be lost, stolen or destroyed, the Exchange Agent will issue pay in exchange for such lost, stolen or destroyed Certificate the shares of Buyer Common Stock (including the dividends and distributions with respect thereto) and Merger Consideration, cash in lieu of fractional shares and any dividends and other distributions, if any, deliverable in respect thereof pursuant to this Agreement.
Appears in 1 contract
Samples: Merger Agreement (Intersil Corp/De)