Common use of Parent to Provide Common Stock Clause in Contracts

Parent to Provide Common Stock. Within five (5) business days after the Effective Time, Parent shall make available to the Exchange Agent, for exchange in accordance with this Article I, (i) the shares of Parent Common Stock issuable pursuant to Section 1.6 in exchange for outstanding shares of Company Common Stock and (ii) cash in an amount sufficient for payment in lieu of fractional shares pursuant to Section 1.6(f) and any dividends or distributions to which holders of shares of Company Common Stock may be entitled pursuant to Section 1.7(d).

Appears in 4 contracts

Samples: Merger Agreement (Peregrine Systems Inc), Merger Agreement (Peregrine Systems Inc), Merger Agreement (Harbinger Corp)

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Parent to Provide Common Stock. Within five ten (510) business days Business Days after the Effective Time, Parent shall make available to the Exchange Agent, Agent for exchange in accordance with this Article I, (i) the shares of Parent Common Stock issuable pursuant to Section 1.6 1.06 in exchange for outstanding shares of the Company Common Stock Stock, and (ii) cash in an amount sufficient for payment in lieu of fractional shares pursuant to Section 1.6(f1.06(d) and any dividends or distributions to which holders of shares of the Company Common Stock may be entitled pursuant to Section 1.7(d1.07(d).

Appears in 3 contracts

Samples: Merger Agreement (Galaxy Enterprises Inc /Nv/), Merger Agreement (Netgateway Inc), Merger Agreement (Netgateway Inc)

Parent to Provide Common Stock. Within five (5) business days Promptly after the Effective Time, Parent shall make available to the Exchange Agent, for exchange in accordance with this Article I, (i) the shares of Parent Common Stock issuable pursuant to Section 1.6 in exchange for outstanding shares of Company Common Stock and (ii) cash in an amount sufficient for payment in lieu of fractional shares pursuant to Section 1.6(f) and any dividends or distributions to which holders of shares of Company Common Stock may be entitled pursuant to Section 1.7(d).

Appears in 3 contracts

Samples: Agreement and Plan of Reorganization (Homegrocer Com Inc), Agreement and Plan of Reorganization (Webvan Group Inc), Agreement and Plan of Reorganization (Homegrocer Com Inc)

Parent to Provide Common Stock. Within five (5) business days Promptly after the Effective Time, and in no event more than three (3) business days thereafter, Parent shall make available to the Exchange Agent, for exchange in accordance with this Article I, (i) the shares of Parent Common Stock issuable pursuant to Section 1.6 1.5 (other than Milestone Shares) in exchange for outstanding shares of Company Common Capital Stock and (ii) cash in an amount sufficient for payment in lieu of fractional shares pursuant to Section 1.6(f) Notes and any dividends or distributions to which holders of shares of Company Common Capital Stock may be entitled pursuant to Section 1.7(d1.6(e).

Appears in 2 contracts

Samples: Merger Agreement (Ithaka Acquisition Corp), Agreement and Plan of Merger (Ithaka Acquisition Corp)

Parent to Provide Common Stock. Within five (5) business days Promptly after the Effective Time, and in no event more than three (3) business days thereafter, Parent shall make available to the Exchange Agent, for exchange in accordance with this Article I, (i) the shares of Parent Common Stock issuable pursuant to Section 1.6 in exchange for outstanding shares of Company Common Stock Stock, and (ii) cash in an amount sufficient for payment in lieu of fractional shares pursuant to Section 1.6(f) and any dividends or distributions 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 (Mail Com Inc), Merger Agreement (Mail Com Inc)

Parent to Provide Common Stock. Within five (5) business days Promptly after the Effective TimeTime (and in any event within ten business days), Parent shall make available to the Exchange Agent, Agent for exchange in accordance with this Article I, (i) the shares of Parent Common Stock issuable pursuant to Section 1.6 in exchange for outstanding shares of Company Common Stock and (ii) cash in an amount sufficient for payment in lieu of fractional shares pursuant to Section 1.6(f) and any dividends or distributions 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 (Spyglass Inc), Merger Agreement (Mih LTD)

Parent to Provide Common Stock. Within five (5) business days Promptly after the Effective ------------------------------ Time, Parent shall make available to the Exchange Agent, Agent for exchange in accordance with this Article I, (i) the shares of Parent Common Stock issuable pursuant to Section 1.6 in exchange for outstanding the shares of Company Common Stock that were outstanding immediately prior to the Effective Time and (ii) cash in an amount sufficient for payment in lieu of fractional shares pursuant to Section 1.6(f1.6(d) and for payment of any dividends or distributions 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 (Palm Inc), Merger Agreement (Extended Systems Inc)

Parent to Provide Common Stock. Within five (5) business days Promptly after the Effective Time, and in no event more than three (3) Business Days thereafter, Parent shall make available to the Exchange Agent, for exchange in accordance with this Article III, (i) the shares of Parent Common Stock issuable pursuant to Section 1.6 Closing Shares in exchange for outstanding shares of Company Common Stock and (ii) cash in an amount sufficient for payment in lieu of fractional shares pursuant to Section 1.6(f) and any dividends or distributions to which holders of shares of Company Common Stock may be entitled pursuant to Section 1.7(d2.6(d). In addition, at such time Parent shall deposit with the Escrow Agent the Additional Escrowed Shares in accordance with Section 2.15(e).

Appears in 2 contracts

Samples: Merger Agreement (Israel Technology Acquisition Corp.), Merger Agreement (Israel Technology Acquisition Corp.)

Parent to Provide Common Stock. Within five (5) business days Promptly after the Effective TimeTime ------------------------------ (and in any event within ten business days), Parent shall make available to the Exchange Agent, Agent for exchange in accordance with this Article I, (i) the shares of Parent Common Stock issuable pursuant to Section 1.6 in exchange for outstanding shares of Company Common Stock and (ii) cash in an amount sufficient for payment in lieu of fractional shares pursuant to Section 1.6(f) and any dividends or distributions to which holders of shares of Company Common Stock may be entitled pursuant to Section 1.7(d).

Appears in 1 contract

Samples: Merger Agreement (Opentv Corp)

Parent to Provide Common Stock. Within five (5) business days Promptly after the Effective ------------------------------ Time, Parent shall make available to the Exchange Agent, for exchange in accordance with this Article I, (i) the shares of Parent Common Stock issuable pursuant to Section 1.6 1.06(a) in exchange for outstanding shares of Company Common Stock Stock, and (ii) cash in an amount sufficient for payment in lieu of fractional shares pursuant to Section 1.6(f1.06(f) and any dividends or distributions to which holders of shares of Company Common Stock may be entitled pursuant to Section 1.7(d1.07(d).

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Microchip Technology Inc)

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Parent to Provide Common Stock. Within five (5) business days Promptly after the Effective Time, Parent shall make available to the Exchange Agent, for exchange in accordance with this Article I, (i) the shares of Parent Common Stock issuable pursuant to Section 1.6 in exchange for outstanding shares of Company Common Stock and (ii) cash in an amount sufficient for payment in lieu of fractional shares pursuant to Section 1.6(f1.6(g) and any dividends or distributions to which holders of shares of Company Common Stock may be entitled pursuant to Section 1.7(d1.8(d).

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Innovative Tech Systems Inc)

Parent to Provide Common Stock. Within five (5) business days after As of the Effective Time, Parent ------------------------------ shall make available to deposit with the Exchange Agent, for exchange in accordance with this Article I, (i) the shares of Parent Common Stock issuable pursuant to Section 1.6 1.6(a) in exchange for outstanding shares of Company Common Stock Stock, and (ii) cash in an amount sufficient for payment in lieu of fractional shares pursuant to Section 1.6(f) and any dividends or distributions to which holders of shares of Company Common Stock may be entitled pursuant to Section 1.7(d).

Appears in 1 contract

Samples: Merger Agreement (Novell Inc)

Parent to Provide Common Stock. Within five (5) business days Promptly after the Effective ------------------------------ Time, Parent shall make available to the Exchange Agent, Agent for exchange in accordance with this Article I, (i) the shares of Parent Common Stock issuable pursuant to Section 1.6 in exchange for outstanding shares of Company Common Stock Stock, and (ii) cash in an amount sufficient for payment in lieu of fractional shares pursuant to Section 1.6(f) and any dividends or distributions to which holders of shares of Company Common Stock may be entitled pursuant to Section 1.7(d).

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (McAfee Associates Inc)

Parent to Provide Common Stock. Within five (5) business days Promptly after the Effective Time, ------------------------------ Parent shall make available to the Exchange Agent, Agent for exchange in accordance with this Article I, (i) the shares of Parent Common Stock issuable pursuant to Section 1.6 1.6(a) in exchange for outstanding shares of Company Common Stock Stock, and (ii) cash in an amount sufficient for payment in lieu of fractional shares pursuant to Section 1.6(f) and any dividends or distributions to which holders of shares of Company Common Stock may be entitled pursuant to Section 1.7(d).

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Infospace Inc)

Parent to Provide Common Stock. Within five (5) business days Promptly after the Effective Time, and in no event more than three (3) business days thereafter, Parent shall make available to the Exchange Agent, for exchange in accordance with this Article I, (i) the shares of Parent Common Stock issuable pursuant to Section 1.6 in exchange for outstanding shares of Company Common Stock and (ii) cash in an amount sufficient for payment in lieu of fractional shares pursuant to Section 1.6(f) and any dividends or distributions to which holders of shares of Company Common Stock may be entitled pursuant to Section 1.7(d).

Appears in 1 contract

Samples: Merger Agreement (Chiste Corp)

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