Protection of Escrow Fund. (i) The Depositary Agent shall hold and safeguard the Escrow Fund during the Escrow Period, shall treat such fund as a trust fund in accordance with the terms of this Agreement and not as the property of Parent and shall hold and dispose of the Escrow Fund only in accordance with the terms hereof. (ii) Any shares of Parent Common Stock or other Equity Equivalents securities issued or distributed by Parent ("New Shares") in respect of Parent Common Stock in the Escrow Fund which have not been released from the Escrow Fund shall be added to the Escrow Fund. New Shares issued in respect of shares of Parent Common Stock which have been released from the Escrow Fund shall not be added to the Escrow Fund but shall be distributed to the record holders thereof. Cash dividends on Parent Common Stock shall not be added to the Escrow Fund but shall be distributed to the record holders of the Parent Common Stock on the record date set for any such dividend. (iii) Each shareholder shall have voting rights with respect to the shares of Parent Common Stock contributed to the Escrow Fund by such shareholder (and on any voting securities added to the Escrow Fund in respect of such shares of Parent Common Stock).
Appears in 2 contracts
Samples: Merger Agreement (Broadcom Corp), Strategic Alliance Agreement and Plan of Merger (Broadcom Corp)
Protection of Escrow Fund. (i) The Depositary Agent shall hold and safeguard the Escrow Fund during the Escrow Period, shall treat such fund as a trust fund in accordance with the terms of this Agreement and not as the property of Parent Broadcom and shall hold and dispose of the Escrow Fund only in accordance with the terms hereof.
(ii) Any shares of Parent Broadcom Common Stock or other Equity Equivalents securities issued or distributed by Parent Broadcom ("New Shares") in respect of Parent Broadcom Common Stock in the Escrow Fund which have not been released from the Escrow Fund shall be added to the Escrow Fund. New Shares issued in respect of shares of Parent Broadcom Common Stock which have been released from the Escrow Fund shall not be added to the Escrow Fund but shall be distributed to the record holders thereof. Cash dividends on Parent Broadcom Common Stock shall not be added to the Escrow Fund but shall be distributed to the record holders of the Parent Broadcom Common Stock on the record date set for any such dividend.
(iii) Each shareholder stockholder shall have voting rights with respect to the shares of Parent Broadcom Common Stock contributed to the Escrow Fund by such shareholder stockholder (and on any voting securities added to the Escrow Fund in respect of such shares of Parent Broadcom Common Stock).
Appears in 1 contract
Samples: Merger Agreement (Broadcom Corp)
Protection of Escrow Fund. (i) The Depositary Escrow Agent shall hold and safeguard the Escrow Fund during the Escrow Period, shall treat such fund as a trust fund in accordance with the terms of this Agreement and not as the property of Parent and shall hold and dispose of the Escrow Fund only in accordance with the terms hereof.
(ii) Any shares of Parent Common Stock or other Equity Equivalents securities issued or distributed by Parent ("New Shares") in respect ---------- of Parent Common Stock in the Escrow Fund which have not been released from the Escrow Fund shall be added to the Escrow Fund. New Shares issued in respect of shares of Parent Common Stock which have been released from the Escrow Fund shall not be added to the Escrow Fund but shall be distributed to the record holders recordholders thereof. Cash dividends on Parent Common Stock shall not be added to the Escrow Fund but shall be distributed to the record holders recordholders of the Parent Common Stock on the record date set for any such dividend.
(iii) Each shareholder stockholder shall have voting rights with respect to the shares of Parent Common Stock contributed to the Escrow Fund by such shareholder stockholder (and on any voting securities added to the Escrow Fund in respect of such shares of Parent Common Stock).
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Level One Communications Inc /Ca/)
Protection of Escrow Fund. (i) The Depositary Escrow Agent shall hold and safeguard the Escrow Fund during the Escrow Period, shall treat such fund as a trust fund in accordance with the terms of this Agreement and not as the property of Parent and shall hold and dispose of the Escrow Fund only in accordance with the terms hereof.
(ii) Any shares of Parent Common Stock or other Equity Equivalents securities issued or distributed by Parent ("New Shares") in ---------- respect of Parent Common Stock in the Escrow Fund which have not been released from the Escrow Fund shall be added to the Escrow Fund. New Shares issued in respect of shares of Parent Common Stock which have been released from the Escrow Fund shall not be added to the Escrow Fund but shall be distributed to the record holders recordholders thereof. Cash dividends on Parent Common Stock shall not be added to the Escrow Fund but shall be distributed to the record beneficial holders of the Parent Common Stock on the record date set for any such dividend.
(iii) Each shareholder stockholder shall have voting rights with respect to the shares of Parent Common Stock contributed to the Escrow Fund by such shareholder stockholder (and on any voting securities added to the Escrow Fund in respect of such shares of Parent Common Stock).
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Level One Communications Inc /Ca/)
Protection of Escrow Fund. (i) The Depositary Agent shall hold and safeguard the Escrow Fund during the Escrow Period, shall treat such fund as a trust fund in accordance with the terms of this Agreement and not as the property of Parent Broadcom and shall hold and dispose of the Escrow Fund only in accordance with the terms hereof.
(ii) Any shares of Parent Broadcom Common Stock or other Equity Equivalents securities issued or distributed by Parent Broadcom ("New Shares") in respect of Parent Broadcom Common Stock in the Escrow Fund which have not been released from the Escrow Fund shall be added to the Escrow Fund. New Shares issued in respect of shares of Parent Broadcom Common Stock which have been released from the Escrow Fund shall not be added to the Escrow Fund but shall be distributed to the record holders thereof. Cash dividends on Parent Broadcom Common Stock shall not be added to the Escrow Fund but shall be distributed to the record holders of the Parent Broadcom Common Stock on the record date set for any such dividend.
(iii) Each shareholder shall have voting rights with respect to the shares of Parent Broadcom Common Stock contributed to the Escrow Fund by such shareholder (and on any 58 65 voting securities added to the Escrow Fund in respect of such shares of Parent Broadcom Common Stock).
Appears in 1 contract
Samples: Merger Agreement (Broadcom Corp)
Protection of Escrow Fund. (i) The Depositary Escrow Agent shall hold and safeguard the Escrow Fund during the Escrow Period, shall treat such fund as a trust fund in accordance with the terms of this Agreement and not as the property of Parent and shall hold and dispose of the Escrow Fund only in accordance with the terms hereof.
(ii) Any shares of Parent Common Stock or other Equity Equivalents securities issued or distributed by Parent ("New Shares") in respect of Parent Common Stock in the Escrow Fund which have not been released from the Escrow Fund shall be added to the Escrow Fund. New Shares issued in respect of shares of Parent Common Stock which have been released from the Escrow Fund shall not be added to the Escrow Fund but shall be distributed to the record holders thereof. Cash dividends on Parent Common Stock shall not be added to the Escrow Fund but shall be distributed to the record holders of the Parent Common Stock on the record date set for any such dividend.
(iii) Each shareholder shall have voting rights with respect to the shares of Parent Common Stock contributed to the Escrow Fund by such shareholder (and on any voting securities added to the Escrow Fund in respect of such shares of Parent Common Stock).
Appears in 1 contract
Samples: Merger Agreement (Broadcom Corp)
Protection of Escrow Fund. (i) The Depositary Escrow Agent shall hold and safeguard the Escrow Fund during the Escrow Period, shall treat such fund as a trust fund in accordance with the terms of this Agreement and not as the property of Parent and shall hold and dispose of the Escrow Fund only in accordance with the terms hereof.
(ii) Any shares of Parent Common Stock or other Equity Equivalents securities issued or distributed by Parent ("New Shares") in respect of Parent Common Stock in the Escrow Fund which have not been released from the Escrow Fund shall be added to the Escrow Fund. New Shares issued in respect of shares of Parent Common Stock which have been released from the Escrow Fund shall not be added to the Escrow Fund but shall be distributed to the record holders thereof. Cash dividends on Parent Common Stock shall not be added to the Escrow Fund but shall be distributed to the record holders of the Parent Common Stock on the record date set for any such dividend.
(iii) Each shareholder stockholder shall have voting rights with respect to the shares of Parent Common Stock contributed to the Escrow Fund by such shareholder stockholder (and on any voting securities added to the Escrow Fund in respect of such shares of Parent Common Stock).
Appears in 1 contract
Samples: Merger Agreement (Sonicblue Inc)