No Fractional Shares of Parent Common Stock. No certificates or scrip representing less than one share of Parent Common Stock shall be issued upon the surrender for exchange of Certificates representing Company Common Stock pursuant to Section 1.8 hereof. Each holder of shares of Company Common Stock exchanged pursuant to the Merger who would otherwise have been entitled to receive a fraction of a share of Parent Common Stock shall receive, in lieu thereof, cash (without interest) in an amount equal to the product of (i) such fractional part of a share of Parent Common Stock and (ii) the Parent Common Stock Price.
Appears in 3 contracts
Samples: Merger Agreement (Babyuniverse, Inc.), Merger Agreement (Oracle Healthcare Acquisition Corp.), Merger Agreement (eToys Direct, Inc.)
No Fractional Shares of Parent Common Stock. No certificates or scrip representing less than one share of Parent Common Stock shall be issued upon the surrender for exchange of Certificates representing Company Common Stock pursuant to Section 1.8 1.9 hereof. Each holder of Any fractional shares of Company Common Stock exchanged that would otherwise be issuable pursuant to the Merger who would otherwise have been entitled to receive a fraction of a share of Parent Common Stock Section 1.9 hereof shall receive, in lieu thereof, cash (without interest) in an amount equal be rounded up to the product of (i) such fractional part of a share of Parent Common Stock and (ii) the Parent Common Stock Pricenearest whole number.
Appears in 2 contracts
Samples: Merger Agreement (Tw Telecom Inc.), Merger Agreement (Broadwing Corp)
No Fractional Shares of Parent Common Stock. No certificates or scrip representing less than one share of Parent Common Stock shall be issued upon the surrender for exchange of Certificates representing Company Common Stock pursuant to Section 1.8 hereof. Each , but in lieu thereof, each holder of shares of Company Common Stock exchanged pursuant to the Merger who would otherwise have been be entitled to receive a fraction of a share of Parent Common Stock (after aggregating all fractional shares of Parent Common Stock to be received by such holder) shall receive, in lieu thereof, receive from Parent an amount of cash (without interestrounded to the nearest whole cent) in an amount equal to the product of (i) such fractional part of a share of Parent Common Stock and (ii) the Parent Common Stock Pricefraction multiplied by $4.72.
Appears in 2 contracts
Samples: Merger Agreement (Labranche & Co Inc), Merger Agreement (Cowen Group, Inc.)
No Fractional Shares of Parent Common Stock. No certificates or scrip representing less than one share of Parent Common Stock shall be issued upon the surrender for exchange of Certificates representing Company Common Stock pursuant to Section 1.8 hereof. Each holder of shares of Company Common Stock exchanged pursuant to the Merger who would otherwise have been entitled to receive a fraction of a share of Parent Common Stock shall receive, in lieu thereof, cash (without interest) in an amount equal to the product of (i) such fractional part of a share of Parent Common Stock and (ii) the Parent Common Stock Price.Section
Appears in 1 contract
Samples: Merger Agreement (Broadwing Corp)
