Common use of Return of Exchange Fund Clause in Contracts

Return of Exchange Fund. Any portion of the Exchange Fund which remains undistributed to the former shareholders of the Company for one year after the Effective Time shall be delivered to Parent, upon demand of Parent, and any such former shareholders who have not theretofore complied with this Article I shall thereafter look only to Parent for payment of their claim for Parent Common Stock, any cash in lieu of fractional shares of Parent Common Stock and any dividends or distributions with respect to Parent Common Stock. Neither Parent nor the Surviving Corporation shall be liable to any former holder of Company Common Stock for any such shares of Parent Common Stock, cash and dividends and distributions held in the Exchange Fund which is delivered to a public official pursuant to any applicable abandoned property, escheat or similar law.

Return of Exchange Fund. Any portion of the Exchange Fund which remains undistributed to the former shareholders stockholders of the Company for one year after the Effective Time shall be delivered to Parent, upon demand of Parent, the Parent Companies and any such former shareholders stockholders who have not theretofore complied with this Article I shall thereafter look only to the Parent Companies for payment of their claim for Parent Common StockPaired Shares, any cash in lieu of fractional shares of Parent Common Stock payable pursuant to Sections 1.5(c) or 1.8 and any dividends or distributions with respect to Parent Common StockPaired Shares. Neither Parent nor the None of Parent, Trust or Surviving Corporation shall be liable to any former holder of Company Common Stock for any such shares of Parent Common StockPaired Shares, cash and dividends and distributions held in the Exchange Fund which is delivered to a public official pursuant to any applicable abandoned property, escheat or similar law.

Return of Exchange Fund. Any portion of the Exchange Fund which remains undistributed to the former shareholders stockholders of the Company for one year twelve (12) months after the Effective Time shall be delivered to the Parent, upon demand of the Parent, and any such former shareholders stockholders who have not theretofore complied with this Article I 2 shall thereafter look only to the Parent for payment of their claim claims for Parent Common Stock, any cash in lieu of fractional shares of Parent Common Stock and any dividends or distributions with respect to Parent Common Stock. Neither the Parent nor the Surviving Corporation shall be liable to any former holder of Company Common Stock for any such shares of Parent Common Stock, cash and dividends and distributions held in the Exchange Fund which is are delivered to a public official pursuant to any applicable abandoned property, escheat or similar law.

Return of Exchange Fund. Any portion of the Exchange Fund which remains undistributed to the former shareholders of the Company for one year after the Effective Time shall be delivered to Parent, upon demand of Parent, and any such former shareholders who have not theretofore complied with this Article I shall thereafter look only to Parent for payment of their claim for Cash Consideration, Parent Common Stock, any cash in lieu of fractional shares of Parent Common Stock and any dividends or distributions with respect to Parent Common Stock. Neither Parent nor the Surviving Corporation shall be liable to any former holder of Company Common Stock for any such Cash Consideration, shares of Parent Common Stock, cash and dividends and distributions held in the Exchange Fund which is delivered to a public official pursuant to any applicable abandoned property, escheat or similar law.

Return of Exchange Fund. Any portion of the Exchange Fund which remains undistributed to the former shareholders stockholders of the Company for one year after the Effective Time shall be delivered to Parent, upon demand of Parent, and any such former shareholders stockholders who have not theretofore complied with this Article I shall thereafter look only to Parent for payment of their claim for Parent Common Stock, any cash in lieu of fractional shares of Parent Common Stock and any dividends or distributions with respect to Parent Common Stock. Neither Parent nor the Surviving either Constituent Corporation shall be liable to any former holder of Company Common Stock for any such shares of Parent Common Stock, cash and dividends and distributions held in the Exchange Fund which is delivered to a public official pursuant to any applicable abandoned property, escheat or similar law.

Return of Exchange Fund. Any portion of the Exchange Fund which ----------------------- that remains undistributed to the former shareholders stockholders of the Company for one year six months after the Effective Time shall be delivered to Parent, upon demand of Parent, and any such former shareholders stockholders who have not theretofore complied with this Article I shall thereafter look only to Parent for payment of their claim for Parent Common Stock, any cash in lieu of fractional shares of Parent Common Stock Algos Warrants and any dividends or distributions with respect to Parent Common Stock. Neither Parent nor the Surviving either Constituent Corporation shall be liable to any former holder of Company Common Stock for any such shares of Parent Common Stock, Algos Warrants, cash and dividends and distributions held in the Exchange Fund which is are delivered to a public official pursuant to any applicable abandoned property, escheat or similar law.

Return of Exchange Fund. Any portion of the Exchange Fund ----------------------- which remains undistributed to the former shareholders of the Company for one year six months after the Effective Time shall be delivered to Parent, upon demand of Parent, and any such former shareholders who have not theretofore complied with this Article I shall thereafter look only to Parent for payment of their claim for Parent Common Stock, any cash in lieu of fractional shares of Parent Common Stock and any dividends or distributions with respect to Parent Common Stock. Neither Parent nor the Surviving Corporation shall be liable to any former holder of Company Common Stock for any such shares of Parent Common Stock, cash and dividends and distributions held in the Exchange Fund which is delivered to a public official pursuant to any applicable abandoned property, escheat or similar law.

Return of Exchange Fund. Any portion of the Exchange Fund which remains undistributed to the former shareholders stockholders of the Company for one year six months after the Effective Time shall be delivered to Parent, upon demand of Parent, and any such former shareholders stockholders who have not theretofore complied with this Article I shall thereafter look only to Parent for payment of their claim for Parent Common Stock, any cash in lieu of fractional shares of Parent Common Stock and any dividends or distributions with respect to Parent Common Stock. Neither Parent nor the Surviving Corporation shall be liable to any former holder of Company Common Stock for any such shares of Parent Common Stock, cash and dividends and distributions held in the Exchange Fund which is delivered to a public official 16 pursuant to any applicable abandoned property, escheat or similar law.

Return of Exchange Fund. Any portion of the Exchange Fund which remains undistributed to the former shareholders stockholders of the Company for one year after the Effective Time shall be delivered to Parent, upon demand of Parent, and any such former shareholders stockholders who have not theretofore complied with this Article I shall thereafter look only to Parent for payment of their claim for Parent Common Stock, any cash in lieu of fractional shares of Parent Common Stock and any dividends or distributions with respect to Parent Common Stock. Neither Parent nor the Surviving Corporation shall be liable to any former holder of Company Common Stock for any such shares of Parent Common Stock, cash and dividends and distributions held in the Exchange Fund which is delivered to a public official pursuant to any applicable abandoned property, escheat or similar law.

Return of Exchange Fund. Any portion of the Exchange Fund which that remains undistributed to the former shareholders stockholders of the Company for one year six (6) months after the Effective Time shall be delivered to Parent, upon demand of Parent, and any such former shareholders stockholders who have not theretofore complied with this Article I shall thereafter look only to Parent for payment of their claim for Parent Common Stock, any cash in lieu of fractional shares of Parent Common Stock and any dividends or distributions with respect to Parent Common Stock. Neither Parent nor the Surviving Corporation shall be liable to any former holder of Company Common Capital Stock for any such shares of Parent Common Stock, cash and dividends and distributions held in the Exchange Fund which is delivered to a public official pursuant to any applicable abandoned property, escheat or similar law.

Return of Exchange Fund. Any portion of the Exchange Fund which remains undistributed to the former shareholders stockholders of the Company for one year 60 days after the Effective Time shall be delivered to Parent, upon demand of Parent, and any such former shareholders stockholders who have not theretofore complied with this Article I shall thereafter look only to Parent for payment of their claim for Parent Common Stock, any cash in lieu of fractional shares of Parent Common Stock and any dividends or distributions with respect to Parent Common Stock. Neither Parent nor the Surviving Corporation shall be liable to any former holder of shares of Company Common Stock for any such shares of Parent Common Stock, cash and dividends and distributions held in the Exchange Fund which is delivered to a public official pursuant to any applicable abandoned property, escheat or similar law.

Return of Exchange Fund. Any portion of the Exchange Fund which remains undistributed to the former shareholders stockholders of the Company for one year after the Effective Time shall be delivered to Parent, upon demand of Parent, Parent and any such former shareholders stockholders who have not theretofore complied with this Article I shall thereafter look only to Parent for payment of their claim for Parent Common Stock, any cash in lieu of fractional shares of Parent Common Stock and any dividends or distributions with respect to Parent Common Stock. Neither Parent nor the Surviving Corporation shall be liable to any former holder of Company Common Stock for any such shares of Parent Common Stock, cash and dividends and distributions held in the Exchange Fund which is delivered to a public official pursuant to any applicable abandoned property, escheat or similar law.

Return of Exchange Fund. Any portion of the Exchange ----------------------- Fund which remains undistributed to the former shareholders of the Company for one year six months after the Effective Time shall be delivered to Parent, upon demand of Parent, and any such former shareholders who have not theretofore complied with this Article I shall thereafter look only to Parent for payment of their claim for Parent Common Stock, any cash in lieu of fractional shares of Parent Common Stock and any dividends or distributions with respect to Parent Common Stock. Neither Parent nor the Surviving Corporation shall be liable to any former holder of Company Common Stock for any such shares of Parent Common Stock, cash and dividends and distributions held in the Exchange Fund which is delivered to a public official pursuant to any applicable abandoned property, escheat or similar law.

Return of Exchange Fund. Any portion of the Exchange Fund which that remains undistributed to the former shareholders of the Company for one year after the Effective Time shall be delivered to Parent, upon demand of Parent, and any such former shareholders who have not theretofore complied with this Article I shall thereafter look only to Parent for payment of their claim for Parent Common StockUnits, any cash in lieu of fractional shares of Parent Common Stock payable pursuant to Sections 1.5(c) and 1.8 and any dividends or distributions with respect to Parent Common StockUnits. Neither Parent nor None of Parent, Trust or the Surviving Corporation shall be liable to any former holder of Company Common Stock for any such shares of Parent Common StockUnits, cash and dividends and distributions held in the Exchange Fund which that is delivered to a public official pursuant to any applicable abandoned property, escheat or similar law.

Return of Exchange Fund. Any portion of the Exchange Fund which remains undistributed to the former shareholders stockholders of the Company for one year after the Effective Time shall be delivered to Parent, upon demand of Parent, and any such former shareholders stockholders who have not theretofore complied with this Article I shall thereafter look only to Parent for payment of their claim for Parent Common Stock, any cash in lieu of fractional shares of Parent Common Stock and any dividends or distributions with respect to Parent Common Stock. Neither Parent nor the Surviving Corporation shall be liable to any former holder of Company Common Stock for any such shares of Parent Common Stock, cash and dividends and distributions held in the Exchange Fund which is delivered to a public official pursuant to any applicable abandoned property, escheat or similar law.