Common use of Return of Exchange Fund Clause in Contracts

Return of Exchange Fund. Any portion of the Exchange Fund that remains unclaimed by stockholders of Target for six (6) months after the Effective Time shall be returned to Acquiror, upon demand, and any holder of Target Common Stock as of the Effective Time who has not theretofore complied with Section 1.7 shall thereafter look only to Acquiror for issuance of the number of shares of Acquiror Common Stock and cash in lieu of fractional shares to which such holder has become entitled, subject to Section 1.7(f).

Appears in 3 contracts

Samples: Agreement and Plan of Reorganization (Kroll Inc), Agreement and Plan of Reorganization (Kroll Inc), Merger Agreement (Ontrack Data International Inc)

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Return of Exchange Fund. Any portion of the Exchange Fund that remains unclaimed by stockholders shareholders of Target for six (6) months after the Effective Time shall be returned to Acquiror, upon demand, and any holder of Target Common Capital Stock as of the Effective Time who has not theretofore complied with Section 1.7 shall thereafter look only to Acquiror for issuance of the number of shares of Acquiror Common Stock and cash in lieu of fractional shares the Cash Consideration to which such holder has become entitled, subject to Section 1.7(f).

Appears in 2 contracts

Samples: Merger Agreement (Ontrack Data International Inc), Merger Agreement (Legato Systems Inc)

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Return of Exchange Fund. Any portion of the Exchange Fund that remains unclaimed by stockholders shareholders of Target for six (6) months after the Effective Time shall be returned to Acquiror, upon demand, and any holder of Target Common Stock as of the Effective Time who has not theretofore complied with Section 1.7 shall thereafter look only to Acquiror for issuance of the number of shares of Acquiror Common Stock and cash in lieu of fractional shares to which such holder has become entitled, subject to Section 1.7(f)the terms of this Agreement.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Kroll Inc), Agreement and Plan of Reorganization (Factual Data Corp)

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