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 twelve (12) months after the Effective Time shall be delivered to Parent, upon demand of Parent, and any such former 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, Per Share Cash Consideration, any cash in lieu of fractional shares of Parent Common Stock and any dividends or distributions with respect to Parent Common Stock. None of Parent, the Surviving Corporation or the Exchange Agent shall be liable to any former holder of Company Common Stock for any such shares of Parent Common Stock, Per Share Cash Consideration, cash in lieu of fractional shares of Parent Common Stock and dividends and distributions which 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 twelve (12) six months after the Effective Time shall be delivered to Parent, upon demand of Parent, and any such former 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, Per Share Cash Consideration, any cash in lieu of fractional shares of Parent Common Stock and any dividends or distributions with respect to Parent Common Stock. None of Parent, the Surviving Corporation or the Exchange Agent shall be liable to any former holder of Company Common Stock for any such shares of Parent Common Stock, Per Share Cash Consideration, cash in lieu of fractional shares of Parent Common Stock and dividends and distributions which 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 shareholders of the Company for twelve (12) months one year after the Effective Time shall be delivered to 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 Parent for payment of their claim for Cash Consideration, Parent Common Stock, Per Share Cash Consideration, any cash in lieu of fractional shares of Parent Common Stock and any dividends or distributions with respect to Parent Common Stock. None of Parent, Neither Parent nor the Surviving Corporation or the Exchange Agent shall be liable to any former holder of Company Common Stock for any such Cash Consideration, shares of Parent Common Stock, Per Share Cash Consideration, cash in lieu of fractional shares of Parent Common Stock and dividends and distributions held in the Exchange Fund which are 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 twelve (12) months after the Effective Time shall be delivered to the Parent, upon demand of the Parent, and any such former 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, Per Share Cash Consideration, any cash in lieu of fractional shares of Parent Common Stock and any dividends or distributions with respect to Parent Common Stock. None of Parent, Neither the Parent nor the Surviving Corporation or the Exchange Agent shall be liable to any former holder of Company Common Stock for any such shares of Parent Common Stock, Per Share Cash Consideration, cash in lieu of fractional shares of Parent Common Stock and dividends and distributions held in the Exchange Fund which 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 (including any interest earned thereon) which remains undistributed to the former stockholders of the Company for twelve six (126) months after the Effective Time shall be delivered to Parent, upon demand of Parent, and any such former stockholders who have not theretofore complied with this Article I 1 shall thereafter look only to Parent for payment of their claim for shares of Parent Common Stock, Per Share Cash Consideration, any cash in lieu of fractional shares of Parent Common Stock and any dividends or distributions with respect to Parent Common Stock. None of Parent, Neither Parent nor the Surviving Corporation or the Exchange Agent shall be liable to any former holder of Company Common Stock for any such shares of Parent Common Stock, Per Share Cash Consideration, cash in lieu of fractional shares of Parent Common Stock and dividends and distributions held in the Exchange Fund which 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 holders of the Company Common Shares for twelve (12) months one year after the Effective Time shall be delivered to Parent, upon demand of Parentits request, and any such former stockholders holders who have not theretofore complied surrendered to the Exchange Agent their Company Certificate in compliance with this Article I shall thereafter look only to Parent for payment of their claim for shares of Parent Common Stock, Per Share Cash Consideration, any cash in lieu of fractional shares of Parent Common Stock and any dividends or distributions with respect to such shares of Parent Common Stock. None of Parent, Neither Parent nor the Surviving Corporation or the Exchange Agent Company shall be liable to any former holder of Company Common Stock Shares for any such shares of Parent Common StockStock held in the Exchange Fund (and any such cash, Per Share Cash Consideration, cash in lieu of fractional shares of Parent Common Stock and dividends and distributions payable in respect thereof) which are 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 holders of the Company Common Shares for twelve (12) months one year after the Effective Time shall be delivered to Parent, upon demand of Parentits request, and any such former stockholders holders who have not theretofore complied surrendered to the Exchange Agent their Company Certificate(s) in compliance with this Article I shall thereafter look only to Parent for payment of their claim for shares of Parent Common Stock, Per Share Cash Consideration, any cash in lieu of fractional shares of Parent Common Stock and any dividends or distributions with respect to such shares of Parent Common Stock. None of Parent, Neither Parent nor the Surviving Corporation or the Exchange Agent Company shall be liable to any former holder of Company Common Stock Shares for any such shares of Parent Common StockStock held in the Exchange Fund (and any cash, Per Share Cash Consideration, cash in lieu of fractional shares of Parent Common Stock and dividends and distributions payable in respect thereof) which are 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 (including any interest earned thereon) which remains undistributed to the former stockholders shareholders of the Company for twelve six (126) months after the Effective Time shall be delivered to Parent, upon demand of Parent, and any such former stockholders shareholders who have not theretofore complied with this Article I 1 shall thereafter look only to Parent for payment of their claim for Parent Common Stock, Per Share Cash Consideration, any cash in lieu of fractional shares of Parent Common Stock and any dividends or distributions with respect to Parent Common Stock. None of Parent, Neither Parent nor the Surviving Corporation or the Exchange Agent shall be liable to any former holder of Company Common Stock for any such shares of Parent Common Stock, Per Share Cash Consideration, cash in lieu of fractional shares of Parent Common Stock and dividends and distributions held in the Exchange Fund which are is delivered to a public official pursuant to any applicable abandoned property, escheat or similar law.