Payment of Exchange Funds. CSLC shall have received the proceeds of the Financing Commitment, or otherwise shall have obtained and segregated for payment to the Company sufficient cash funds, to pay in full at the Effective Time to the holders of the Company Common Stock, the Exchange Funds." (i) All references to the Original Agreement shall hereafter refer to the Original Agreement as amended by this Amendment. 2. Except as amended in this Amendment, the Original Agreement remains in full force and effect. All capitalized terms used in this Amendment which are not otherwise defined in this Amendment shall be as defined in the Original Agreement. 3. This Amendment may be executed in one or more counterparts (including by facsimile transmission), all of which shall be considered one and the same agreement and shall become effective when one or more counterparts have been signed by all of the parties hereto and delivered to the other parties; it being hereby understood that all parties need not sign the same counterpart.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Capital Senior Living Corp), Agreement and Plan of Merger (Capital Senior Living Corp)
Payment of Exchange Funds. CSLC shall have received the proceeds of the Financing Commitment, or otherwise shall have obtained and segregated for payment to the Company sufficient cash funds, to pay in full at the Effective Time to the holders of the Company Common Stock, the Exchange Funds."
(i) All references to the Original Agreement shall hereafter refer to the Original Agreement as amended by this Amendment.
2. Except as amended in this Amendment, the Original Agreement remains in full force and effect. All capitalized terms used in this Amendment which are not otherwise defined in this Amendment shall be as defined in the Original Agreement.
3. This Amendment may be executed in one or more counterparts (including by facsimile transmission), all of which shall be considered one and the same agreement and shall become effective when one or more counterparts have been signed by all of the parties hereto and delivered to the other parties; it being hereby understood that all parties need not sign the same counterpart.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Ilm Senior Living Inc /Va), Agreement and Plan of Merger (Ilm Senior Living Inc /Va)