Common use of Parent to Provide Common Stock and Cash Clause in Contracts

Parent to Provide Common Stock and Cash. Promptly after the Effective Time, Parent shall make available to the Exchange Agent for exchange in accordance with this Article I, through such reasonable procedures as Parent may adopt, (i) the shares of Parent Common Stock issuable pursuant to Section 1.6(a) in exchange for shares of Company Common Stock outstanding immediately prior to the Effective Time (provided that delivery of any shares that are subject to vesting or other restrictions shall be in book entry form until such vesting or other restrictions lapse) and (ii) cash in an amount sufficient to permit payment of cash in lieu of fractional shares pursuant to Section 1.6(f).

Appears in 3 contracts

Samples: Merger Agreement (Cisco Systems Inc), Merger Agreement (Aironet Wireless Communications Inc), Merger Agreement (Cisco Systems Inc)

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Parent to Provide Common Stock and Cash. Promptly after the Effective Time, Parent shall make available deliver to the Exchange Agent for exchange and payment in accordance with this Article I, through such reasonable procedures as Parent may adopt, (ix) the shares of Parent Common Stock issuable pursuant to Section 1.6(a1.7(a) in exchange for shares of Company Common Stock outstanding immediately prior to the Effective Time (provided that delivery of any shares that are subject to vesting or other restrictions shall be in book entry form only until such vesting or other restrictions lapsehave lapsed) in exchange for shares of Company Capital Stock outstanding immediately prior to the Effective Time and (iiy) cash in an amount sufficient to permit payment of cash in lieu of fractional shares pursuant to Section 1.6(f1.7(d).

Appears in 2 contracts

Samples: Merger Agreement (Phone Com Inc), Merger Agreement (Phone Com Inc)

Parent to Provide Common Stock and Cash. Promptly after Prior to the Effective --------------------------------------- Time, Parent shall make available to deposit with the Exchange Agent for exchange in accordance with this Article I, through such reasonable procedures as Parent may adopt, (i) the shares of Parent Common Stock issuable pursuant to Section 1.6(a) in exchange for shares of Company Common Stock outstanding immediately prior to the Effective Time (provided that delivery of any shares that are subject to vesting or other restrictions shall be in book entry form until such vesting or other restrictions lapse) and (ii) cash in an amount sufficient to permit payment of cash in lieu of fractional shares pursuant to Section 1.6(f1.6(g) and any dividend or distribution to which holders of shares of Company Common Stock may be entitled pursuant to Section 1.7(d).

Appears in 2 contracts

Samples: Merger Agreement (E Trade Group Inc), Merger Agreement (E Trade Group Inc)

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Parent to Provide Common Stock and Cash. Promptly after the Effective Time, Parent shall make available to the Exchange Agent for exchange in accordance with this Article ISection 1, through such reasonable procedures as Parent may adopt, (i) the shares of Parent Common Stock issuable pursuant to Section 1.6(a) in exchange for shares of Company Common Capital Stock outstanding immediately prior to the Effective Time (provided that delivery of any shares that are subject to vesting or other restrictions shall be in book entry form until such vesting or other restrictions lapse) and (ii) cash in an amount sufficient to permit payment of cash in lieu of fractional shares pursuant to Section 1.6(f1.6(e).

Appears in 1 contract

Samples: Merger Agreement (Softquad Software LTD)

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