PARENT TO MAKE CASH AVAILABLE. On or prior to the Effective Time, Parent shall deposit, or shall cause to be deposited, with American Stock Transfer & Trust Company or such other bank or trust company selected by Parent and reasonably acceptable to the Company (the "Exchange Agent"), in trust for the benefit of the holders of Certificates, for exchange in accordance with this Article II, sufficient cash to pay in full the cash payments (such cash being hereinafter referred to as the "Exchange Fund") to be issued pursuant to Section 1.05 and paid pursuant to Section 2.02(a) in exchange for outstanding shares of Company Common Stock.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Saratoga Beverage Group Inc), Agreement and Plan of Merger (Fresh Juice Co Inc), Agreement and Plan of Merger (Saratoga Beverage Group Inc)
