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 stockholders of the Company for one year after the Effective Time shall be delivered to the Parent Companies and any such former stockholders who have not theretofore complied with this Article I shall thereafter look only to the Parent Companies for payment of their claim for Paired Shares, any cash payable pursuant to Sections 1.5(c) or 1.8 and any dividends or distributions with respect to Paired Shares. None of Parent, Trust or Surviving Corporation shall be liable to any former holder of Company Common Stock for any such Paired 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 ----------------------- that remains undistributed to the former stockholders of the Company for one year six months after the Effective Time shall be delivered to the Parent Companies Parent, upon demand of Parent, and any such former stockholders who have not theretofore complied with this Article I shall thereafter look only to the Parent Companies for payment of their claim for Paired SharesParent Common Stock, any cash payable pursuant to Sections 1.5(c) or 1.8 Algos Warrants and any dividends or distributions with respect to Paired SharesParent Common Stock. None of Parent, Trust or Surviving Neither Parent nor either Constituent Corporation shall be liable to any former holder of Company Common Stock for any such Paired Sharesshares 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 stockholders of the Company for one year after the Effective Time shall be delivered to the Parent Companies Parent, upon demand of Parent, and any such former stockholders who have not theretofore complied with this Article I shall thereafter look only to the Parent Companies for payment of their claim for Paired SharesParent Common Stock, any cash payable pursuant to Sections 1.5(c) or 1.8 in lieu of fractional shares of Parent Common Stock and any dividends or distributions with respect to Paired SharesParent Common Stock. None of Parent, Trust or Surviving Neither Parent nor either Constituent Corporation shall be liable to any former holder of Company Common Stock for any such Paired Sharesshares 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 stockholders shareholders of the Company for one year after the Effective Time shall be delivered to the Parent Companies Parent, upon demand of Parent, and any such former stockholders shareholders who have not theretofore complied with this Article I shall thereafter look only to the Parent Companies for payment of their claim for Paired SharesParent Common Stock, any cash payable pursuant to Sections 1.5(c) or 1.8 in lieu of fractional shares of Parent Common Stock and any dividends or distributions with respect to Paired SharesParent Common Stock. None of Parent, Trust or Neither Parent nor the Surviving Corporation shall be liable to any former holder of Company Common Stock for any such Paired Sharesshares 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 stockholders shareholders of the Company for one year six months after the Effective Time shall be delivered to the Parent Companies Parent, upon demand of Parent, and any such former stockholders shareholders who have not theretofore complied with this Article I shall thereafter look only to the Parent Companies for payment of their claim for Paired SharesParent Common Stock, any cash payable pursuant to Sections 1.5(c) or 1.8 in lieu of fractional shares of Parent Common Stock and any dividends or distributions with respect to Paired SharesParent Common Stock. None of Parent, Trust or Neither Parent nor the Surviving Corporation shall be liable to any former holder of Company Common Stock for any such Paired Sharesshares 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 stockholders of the Company for one year after the Effective Time shall be delivered to the Parent Companies and any such former stockholders who have not theretofore complied with this Article I shall thereafter look only to the Parent Companies for payment of their claim for Paired SharesParent Common Stock, any cash payable pursuant to Sections 1.5(c) or 1.8 in lieu of fractional shares of Parent Common Stock and any dividends or distributions with respect to Paired SharesParent Common Stock. None of Parent, Trust or Neither Parent nor the Surviving Corporation shall be liable to any former holder of Company Common Stock for any such Paired Sharesshares 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 stockholders of the Company for one year six months after the Effective Time shall be delivered to the Parent Companies Parent, upon demand of Parent, and any such former stockholders who have not theretofore complied with this Article I shall thereafter look only to the Parent Companies for payment of their claim for Paired SharesParent Common Stock, any cash payable pursuant to Sections 1.5(c) or 1.8 in lieu of fractional shares of Parent Common Stock and any dividends or distributions with respect to Paired SharesParent Common Stock. None of Parent, Trust or Neither Parent nor the Surviving Corporation shall be liable to any former holder of Company Common Stock for any such Paired Sharesshares 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 that remains undistributed to the former stockholders of the Company for one year six (6) months after the Effective Time shall be delivered to the Parent Companies Parent, upon demand of Parent, and any such former stockholders who have not theretofore complied with this Article I shall thereafter look only to the Parent Companies for payment of their claim for Paired SharesParent Common Stock, any cash payable pursuant to Sections 1.5(c) or 1.8 in lieu of fractional shares of Parent Common Stock and any dividends or distributions with respect to Paired SharesParent Common Stock. None of Parent, Trust or Neither Parent nor the Surviving Corporation shall be liable to any former holder of Company Common Capital Stock for any such Paired Sharesshares 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 stockholders of the Company for one year after the Effective Time shall be delivered to the Parent Companies Parent, upon demand of Parent, and any such former stockholders who have not theretofore complied with this Article I shall thereafter look only to the Parent Companies for payment of their claim for Paired SharesParent Common Stock, any cash payable pursuant to Sections 1.5(c) or 1.8 in lieu of fractional shares of Parent Common Stock and any dividends or distributions with respect to Paired SharesParent Common Stock. None of Parent, Trust or Neither Parent nor the Surviving Corporation shall be liable to any former holder of Company Common Stock for any such Paired Sharesshares 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 stockholders of the Company for one year after the Effective Time shall be delivered to the Parent Companies Parent, upon demand of Parent, and any such former stockholders who have not theretofore complied with this Article I shall thereafter look only to the Parent Companies for payment of their claim for Paired SharesParent Common Stock, any cash payable pursuant to Sections 1.5(c) or 1.8 in lieu of fractional shares of Parent Common Stock and any dividends or distributions with respect to Paired SharesParent Common Stock. None of Parent, Trust or Neither Parent nor the Surviving Corporation shall be liable to any former holder of Company Common Stock for any such Paired Sharesshares 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 stockholders of the Company for one year 60 days after the Effective Time shall be delivered to the Parent Companies Parent, upon demand of Parent, and any such former stockholders who have not theretofore complied with this Article I shall thereafter look only to the Parent Companies for payment of their claim for Paired SharesParent Common Stock, any cash payable pursuant to Sections 1.5(c) or 1.8 in lieu of fractional shares of Parent Common Stock and any dividends or distributions with respect to Paired SharesParent Common Stock. None of Parent, Trust or Neither Parent nor the Surviving Corporation shall be liable to any former holder of shares of Company Common Stock for any such Paired Sharesshares 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 stockholders shareholders of the Company for one year six months after the Effective Time shall be delivered to the Parent Companies Parent, upon demand of Parent, and any such former stockholders shareholders who have not theretofore complied with this Article I shall thereafter look only to the Parent Companies for payment of their claim for Paired SharesParent Common Stock, any cash payable pursuant to Sections 1.5(c) or 1.8 in lieu of fractional shares of Parent Common Stock and any dividends or distributions with respect to Paired SharesParent Common Stock. None of Parent, Trust or Neither Parent nor the Surviving Corporation shall be liable to any former holder of Company Common Stock for any such Paired Sharesshares 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 stockholders shareholders of the Company for one year after the Effective Time shall be delivered to the Parent Companies Parent, upon demand of Parent, and any such former stockholders shareholders who have not theretofore complied with this Article I shall thereafter look only to the Parent Companies for payment of their claim for Paired SharesUnits, any cash payable pursuant to Sections 1.5(c) or and 1.8 and any dividends or distributions with respect to Paired SharesUnits. None of Parent, Trust or the Surviving Corporation shall be liable to any former holder of Company Common Stock for any such Paired SharesUnits, 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.