Paying and Exchange Agent. Prior to the Effective Time, FSIC shall appoint FSIC’s transfer agent or other bank or trust company to act as exchange agent (the “Paying and Exchange Agent”) hereunder, pursuant to an agreement in a form reasonably acceptable to each of FSIC and CCT. Following the Effective Time, FSIC shall deposit, or shall cause to be deposited, with the Paying and Exchange Agent cash sufficient to pay the aggregate cash for fractional shares in accordance with Section 2.2. Any cash deposited with the Paying and Exchange Agent shall hereinafter be referred to as the “Exchange Fund.”
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Corporate Capital Trust, Inc.), Agreement and Plan of Merger (FS Investment CORP), Agreement and Plan of Merger (Corporate Capital Trust, Inc.)
Paying and Exchange Agent. Prior to the Effective TimeClosing, FSIC II shall appoint FSICFSIC II’s transfer agent or other bank or trust company to act as exchange agent (the “Paying and Exchange Agent”) hereunder, pursuant to an agreement in a form reasonably acceptable to each of FSIC and CCTthe parties. Following the Effective Time, FSIC II shall deposit, or shall cause to be deposited, with the Paying and Exchange Agent cash sufficient to pay the aggregate cash for fractional shares in accordance with Section 2.2. Any cash deposited with the Paying and Exchange Agent shall hereinafter be referred to as the “Exchange Fund.”
Appears in 2 contracts
Samples: Agreement and Plan of Merger (FS Investment Corp III), Agreement and Plan of Merger (Corporate Capital Trust II)
Paying and Exchange Agent. Prior to the Effective Time, FSIC FSK shall appoint FSICFSK’s transfer agent or other bank or trust company to act as exchange agent (the “Paying and Exchange Agent”) hereunder, pursuant to an agreement in a form reasonably acceptable to each of FSIC FSK and CCTFSKR. Following the Effective Time, FSIC FSK shall deposit, or shall cause to be deposited, with the Paying and Exchange Agent cash sufficient to pay the aggregate cash for fractional shares in accordance with Section 2.2. Any cash deposited with the Paying and Exchange Agent shall hereinafter be referred to as the “Exchange Fund.”
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