Common use of Termination of Exchange Fund Clause in Contracts

Termination of Exchange Fund. Any portion of the Exchange Fund (including any interest and other income received with respect thereto) that remains undistributed to the former Company Stockholders on the date twelve (12) months after the Effective Time shall be delivered to Parent upon demand, and any former holder of Shares who has not theretofore received any applicable Merger Consideration to which such Company Stockholder is entitled under this Article III shall thereafter look only to Parent (subject to abandoned property, escheat or other similar Laws) for payment of claims with respect thereto.

Termination of Exchange Fund. Any portion of the Exchange Fund (including any interest and other income received with respect thereto) that which remains undistributed to the former holders of shares of Company Stockholders on the date twelve Common Stock one hundred eighty (12180) months after days following the Effective Time shall be delivered to Parent Parent, upon demand, and any former holder holders of Shares shares of Company Common Stock who has have not theretofore received any applicable Merger Consideration (including any applicable dividends or other distributions with respect to Parent Common Stock) to which such Company Stockholder is they are entitled under this Article III shall thereafter look only to Parent (subject to abandoned property, escheat or other similar Laws) and the Surviving Entity for payment of their claims with respect thereto.

Termination of Exchange Fund. Any portion of the Exchange Fund (including any interest and other income received with respect thereto) that which remains undistributed to the former holders of Company Stockholders on Capital Stock and Warrants as of the date twelve earlier to occur of (12i) months one (1) month after the Final Settlement Date and (ii) one (1) year after the Effective Time shall be delivered to Parent upon demand, and any former holder holders of Shares Company Capital Stock and Warrants who has have not theretofore received any applicable Merger Consideration to which such Company Stockholder is entitled under complied with this Article III shall thereafter look only to Parent (subject to abandoned property, escheat for the Merger Consideration or other similar Laws) for payment of claims with respect theretoWarrant Payments.

Termination of Exchange Fund. Any portion of the Exchange Fund (including any interest and other income received with respect thereto) that remains undistributed to the former Company Stockholders Shareholders on the date twelve (12) months after the First Effective Time shall be delivered to Parent upon demand, and any former holder of Shares who has not theretofore received any applicable Merger Consideration to which such Company Stockholder Shareholder is entitled under this Article III shall thereafter look only to Parent (subject to abandoned property, escheat or other similar Laws) for payment of claims with respect thereto.

Termination of Exchange Fund. Any portion of the Exchange Fund (including any interest and other income received with respect thereto) that which remains undistributed to unclaimed by the applicable former stockholders of the Company Stockholders on the date twelve (12) months one year after the Effective Time shall be delivered to Parent Parent, upon demand, and any former holder of Shares such holders prior to the Merger who has have not theretofore received any applicable Merger Consideration to which such Company Stockholder is entitled under complied with this Article III shall thereafter look only to the Parent (subject to abandoned property, escheat or other similar Laws) the Surviving Corporation for payment of their claims with for Merger Consideration in respect theretothereof.

Termination of Exchange Fund. Any portion of the Exchange Fund (including the proceeds of any interest and other income received with respect theretoinvestments thereof) that remains undistributed to the former Company Stockholders on the date twelve (12) months holders of Shares one year after the Effective Time Date shall be delivered to the Parent upon demand, and any former holder holders of Shares who has have not theretofore received any applicable Merger Consideration to which such Company Stockholder is entitled under surrendered their Shares in accordance with this Article III Section 2.2 shall thereafter look only to the Parent (subject to abandoned property, escheat or other similar Laws) for payment of claims with respect theretotheir claim for the Merger Consideration, without any interest thereon, upon due surrender of their Shares.

Termination of Exchange Fund. Any portion of the Exchange Fund (including any interest and other income received with respect thereto) that which remains undistributed to the former stockholders of the Company Stockholders on the date twelve (12) for eighteen months after the Effective Time shall be delivered to Parent Acquiror, upon demand, and any former holder holders of Shares prior to the Merger who has have not theretofore received any applicable Merger Consideration to which such Company Stockholder is entitled under this complied with Article III 3 shall thereafter look only to Parent (subject to abandoned property, escheat or other similar Laws) Acquiror for payment and delivery of claims with respect theretothe Merger Consideration, for unexchanged Shares to which such holders may be entitled.

Termination of Exchange Fund. Any portion of the Exchange Fund (including any interest and other income received with respect theretoresulting from any investments thereof (if any)) that remains undistributed to unclaimed by the former Company Stockholders holders of Eligible Shares on the date that is twelve (12) months after the Effective Time Closing Date shall be delivered to Parent upon demand, and any former or its designee. Any holder of Eligible Shares who has not theretofore received any applicable Merger Consideration to which such Company Stockholder is entitled under complied with the surrender procedures set forth in this Article III Section 2.2, as applicable, shall thereafter look only to Parent (subject to abandoned property, escheat or other similar Laws) the Surviving Corporation for payment of claims with respect theretosuch payments.

Termination of Exchange Fund. Any portion of the Exchange Fund (including any interest and other income received with respect thereto) that which remains undistributed to the former shareholders of Company Stockholders on following the date twelve (12) passage of six months after the Effective Time shall be delivered to Parent Parent, upon demand, and any former holder shareholders of Shares Company who has have not theretofore received any applicable Merger Consideration to which such Company Stockholder is entitled under complied with this Article III Section 3.03 shall thereafter look only to Parent (subject to abandoned property, escheat or other similar Laws) for payment of claims with respect theretotheir claim for the consideration provided herein.

Termination of Exchange Fund. Any portion of the Exchange Fund (including any interest and other income received with respect thereto) that which remains undistributed to the former holders of Company Stockholders on the date Shares or Company Warrants for twelve (12) months after the Effective Time shall be delivered to Parent Parent, upon demand, and any former holder of Shares such holders prior to the Merger who has have not theretofore received any applicable Merger Consideration to which such Company Stockholder is entitled under complied with this Article III shall thereafter look only to Parent (subject to abandoned propertyParent, escheat or other similar Laws) as general creditors thereof, for payment of claims with respect theretotheir claim for cash, without interest, to which such holders may be entitled.

Termination of Exchange Fund. Any portion of the Exchange Fund (including any interest and other income received with respect thereto) that which remains undistributed to the former holders of Company Stockholders on the date twelve (12) Shares for three months after the Effective Time shall be delivered to Parent (who shall thereafter act as Exchange Agent), upon demand, and any former holder holders of Company Shares who has have not theretofore received any applicable Merger Consideration to which such Company Stockholder is entitled under complied with this Article III shall thereafter look only to Parent (subject for the applicable Merger Consideration and any Additional Payments to abandoned property, escheat or other similar Laws) for payment of claims with respect theretowhich they are entitled.

Termination of Exchange Fund. Any portion of the Exchange Fund (including any interest and other income received with respect thereto) that remains undistributed to the former Company Stockholders on the date that is twelve (12) months after the Effective Time shall be delivered to Parent upon demand, and any former holder of Shares who has not theretofore received any applicable Merger Consideration to which such Company Stockholder is entitled under this Article III shall thereafter look only to Parent (subject to abandoned property, escheat or other similar Laws) for payment of claims with respect thereto.

Termination of Exchange Fund. Any portion of the Exchange Fund (including any interest and other income received with respect thereto) that remains undistributed to the former Company Stockholders on the date twelve (12) 12 months after the Effective Time shall be delivered to Parent (or its designee) upon demand, and any former holder of Shares who has not theretofore received any applicable Merger Consideration to which such Company Stockholder is entitled under this Article III II shall thereafter look only to Parent the Surviving Corporation (subject to abandoned property, escheat or other similar Laws) for payment of claims with respect theretothereto and only as a general creditor thereof.

Termination of Exchange Fund. Any portion of the Exchange Fund (including any interest and other income received with respect thereto) that remains undistributed to unclaimed by the former unitholders of the Company Stockholders on as of the date twelve (12) that is 12 months after following the Effective Time shall be delivered to Parent Parent, upon demand. Thereafter, and any former holder unitholders of Shares the Company who has have not theretofore received any applicable Merger Consideration to which such Company Stockholder is entitled under complied with the provisions of this Article III ‎Section 2.2 shall thereafter look only to Parent (subject to abandoned property, escheat or other similar Laws) and the Surviving Entity for payment of claims their claim for Merger Consideration and any dividends or distributions with respect theretoto Parent Shares represented thereby (all without interest).

Termination of Exchange Fund. Any portion of the Exchange Fund which remains unclaimed by the applicable former shareholders of the Company one (including any interest and other income received with respect thereto1) that remains undistributed to the former Company Stockholders on the date twelve (12) months year after the Effective Time shall be delivered to Parent Parent, upon demand, and any former holder of Shares such holders prior to the Merger who has have not theretofore received any applicable Merger Consideration to which such Company Stockholder is entitled under complied with this Article III shall thereafter look only to the Parent (subject to abandoned property, escheat or other similar Laws) the Surviving Corporation for payment of their claims with for Merger Consideration in respect theretothereof.

Termination of Exchange Fund. Any portion of the Exchange Fund (including any interest and other income received with respect thereto) that remains undistributed to the former stockholders of the Company Stockholders on the date twelve (12) that is 12 months after the Effective Time Closing Date shall be delivered to Parent Parent, upon Parent’s demand, and any former holder common stockholders of Shares the Company who has have not theretofore received the Merger Consideration, together with any applicable Merger Consideration amounts payable pursuant to which Section 3.3(g), if applicable, in each case without interest thereon prior to such Company Stockholder is entitled under this Article III delivery, shall thereafter look only to Parent (subject to abandoned property, escheat or other similar Laws) for payment of claims with respect theretotheir claim for such amounts.

Termination of Exchange Fund. Any portion of the Exchange Fund (including any interest and other income received with respect thereto) that which remains undistributed to the former holders of the Certificates, Book-Entry Shares or Company Stockholders on the date Share Options for twelve (12) months after the Effective Time shall be delivered to Parent Purchaser, upon demand, and any former holder of Shares such holders prior to the Merger who has have not theretofore received any applicable Merger Consideration to which such Company Stockholder is entitled under complied with this Article III shall thereafter look only to Parent (subject to abandoned propertyPurchaser, escheat or other similar Laws) as general creditors thereof, for payment of claims with respect theretotheir claim for cash, without interest, to which such holders may be entitled.

Termination of Exchange Fund. Any portion of the Exchange Fund (including any interest and other income received with respect thereto) that which remains undistributed to the former shareholders of the Company Stockholders on the date for twelve (12) consecutive months after the Effective Time shall be delivered to Parent the Parent, upon demand, and any former holder shareholders of Shares the Company who has have not theretofore received any applicable Merger Consideration to which such Company Stockholder is entitled under complied with this Article III Section 1.8 shall thereafter look only to the Parent (subject and the Surviving Corporation to abandoned propertyclaim the Per Share Consideration owed to them hereunder, escheat or other similar Laws) for payment of claims with respect theretowithout interest thereon.

Termination of Exchange Fund. Any portion of the Exchange Fund (including any interest and other income received with respect thereto) that remains undistributed to the former shareholders of the Company Stockholders on the date twelve (12) months 180th day after the Effective Time Closing Date shall be delivered to Parent Parent, upon demand, and any former holder holders of Eligible Shares as of immediately prior to the Effective Time who has have not theretofore received the Common Consideration, any applicable Merger Consideration cash payable in lieu of fractional Parent Shares to which such Company Stockholder is they are entitled pursuant to Section 2.4(f), without interest thereon, to which they are entitled under this Article III II shall thereafter look only to the Surviving Company and Parent (subject to abandoned property, escheat or other similar Laws) for payment of claims with respect theretotheir claim for such amounts.

Termination of Exchange Fund. Any portion of the Exchange Fund (including any interest and other income received with respect thereto) that remains undistributed to the former Company Stockholders on the date twelve nine (129) months after the Effective Time shall be delivered to Parent the Surviving Corporation upon demand, and any former holder of Shares who has not theretofore received any applicable Merger Consideration to which such Company Stockholder is entitled under this Article III shall thereafter look only to Parent the Surviving Corporation (subject to abandoned property, escheat or other similar Laws) for payment of claims with respect thereto.

Termination of Exchange Fund. Any portion of the Exchange Fund (including any interest and other income received with respect thereto) that remains undistributed to the former stockholders of the Company Stockholders on the date that is twelve (12) months after the Effective Time Closing Date shall be delivered to Parent Parent, upon demand, and any former holder common stockholders of Shares the Company who has have not theretofore received any applicable the Merger Consideration to which such Company Stockholder is entitled under this Article III Consideration, without interest thereon, shall thereafter look only to the Surviving Corporation and Parent (subject to abandoned property, escheat or other similar Laws) for payment of claims with respect theretotheir claim for such amounts.

Termination of Exchange Fund. Any portion of the Exchange Fund (including any interest and other income received with respect thereto) that remains undistributed to the former holders of Company Stockholders on the date twelve (12) Capital Stock for nine months after the Effective Time shall be delivered to Parent Parent, upon demand, and any former holder of Shares Company Capital Stock who has not theretofore received any applicable Merger Consideration to which such Company Stockholder is entitled under complied with this Article III II shall thereafter look only to Parent (subject to abandoned property, escheat or other similar Laws) for payment of claims with respect theretoits claim for Merger Consideration; provided, however, that Parent may cause the Surviving Corporation to pay such claim for Merger Consideration. The Exchange Fund shall not be used for any purpose except as expressly provided in this Agreement.

Termination of Exchange Fund. Any portion of the Exchange Fund which remains unclaimed by the applicable former holders of Company Shares one (including any interest and other income received with respect thereto1) that remains undistributed to the former Company Stockholders on the date twelve (12) months year after the Effective Time shall be delivered to Parent Parent, upon demand, and any former holder of Shares such holders prior to the Merger who has have not theretofore received any applicable Merger Consideration to which such Company Stockholder is entitled under complied with this Article III shall thereafter look only to Parent (subject to abandoned property, escheat or other similar Laws) the Surviving Company for payment of their claims with respect theretofor Per Share Consideration (and any additional amounts to which such holder may be entitled pursuant to Section 3.7(e), Section 3.7(f), Section 3.7(h), Section 3.7(i)and Section 10.16(b).

Termination of Exchange Fund. Any portion of the Exchange Fund (including any interest and other income received with respect thereto) that remains undistributed to the former Company Stockholders on the date twelve holders of Certificates or Book-Entry Shares for nine (129) months after the Effective Time shall be delivered to Parent (or the Surviving Corporation, as directed by Pxxxxx), upon demand, and any former holder of Shares Company Common Stock entitled to payment of Merger Consideration who has not theretofore received any applicable Merger Consideration to which such Company Stockholder is entitled under complied with this Article III II shall thereafter look only to Parent (subject to abandoned property, escheat or other similar Laws) as a general creditor thereof for payment of claims with respect theretoits claim for Merger Consideration without any interest thereon.

Termination of Exchange Fund. Any portion of the Exchange Fund which remains unclaimed by the applicable former shareholders of the Company six (including any interest and other income received with respect thereto) that remains undistributed to the former Company Stockholders on the date twelve (126) months after the Effective Time shall be delivered to the Surviving Company or Parent (as directed by Parent), upon demand, and any former holder of Shares such shareholders prior to the Merger who has have not theretofore received any applicable Merger Consideration to which such Company Stockholder is entitled under complied with this Article ARTICLE III shall thereafter look only to the Parent or the Surviving Company (subject to abandoned property, escheat or other similar Lawsas applicable) for payment of their claims with for Merger Consideration in respect theretothereof, and Parent or the Surviving Company (as applicable) shall be responsible for the payment of such amounts.

Termination of Exchange Fund. Any portion of the Exchange Fund (including any interest and other income received with respect thereto) that remains undistributed to the former Company Stockholders on the date twelve (12) 12 months after the Effective Time shall be delivered to Parent upon demand, and any former holder of Shares who has not theretofore received any applicable Merger Consideration to which such Company Stockholder is entitled under this Article III II shall thereafter look only to Parent (subject to abandoned property, escheat or other similar Laws) for payment of claims with respect theretothereto and only as a general creditor thereof.

Termination of Exchange Fund. Any portion of the Exchange Fund (including any interest and other income received with respect thereto) that remains undistributed to the former holders of Company Stockholders on the date Ordinary Shares for twelve (12) months after the Effective Time shall be delivered to Parent Parent, upon demand, and any former holder of Company Ordinary Shares who has not theretofore received any applicable Merger Consideration to which such Company Stockholder is entitled under complied with this Article III ‎Article II shall thereafter look only to Parent (subject to abandoned property, escheat or other similar Laws) for payment of claims with respect theretoits claim for Merger Consideration, without interest.

Termination of Exchange Fund. Any portion of the Exchange Fund (including any interest and other income received with respect thereto) that which remains undistributed to the former stockholders of the Company Stockholders on the date twelve for one hundred eighty (12180) months days after the Effective Time shall be delivered to Parent Parent, upon demand, and any former holder stockholders of Shares the Company who has have not theretofore received any applicable Merger Consideration to which such Company Stockholder is entitled under complied with this Article III II shall thereafter look only to Parent (subject to abandoned property, escheat or and other similar Lawslaws) as general creditors for payment of claims with respect theretotheir claim for any cash payable pursuant to Section 2.01 and this Section.

Termination of Exchange Fund. Any portion of the Exchange Fund (including any interest and other income received with respect thereto) that remains undistributed to the former Company Stockholders on the date twelve (12) months 180 days after the Effective Time shall be delivered to Parent upon demand, and any former holder of Shares who has not theretofore received any applicable Merger Consideration to which such Company Stockholder is entitled under this Article III II shall thereafter look only to Parent (subject to abandoned property, escheat or other similar Laws) for payment of claims with respect theretothereto and only as a general creditor thereof.

Termination of Exchange Fund. Any portion of the Exchange Fund (including any interest and other income received with respect thereto) that remains undistributed to the former holders of Company Stockholders on the date twelve Stock for three (123) months years after the Effective Time shall be delivered to Parent Parent, upon demand, and any former holder of Shares Company Preferred Stock who has not theretofore received any applicable previously complied with this Section 2.8 shall be entitled to receive from Parent the Merger Consideration that such holder has the right to which such Company Stockholder is entitled under receive pursuant to the provisions of this Article III shall thereafter look only to Parent (subject to abandoned property, escheat or other similar Laws) for payment of claims with respect theretoII.

Termination of Exchange Fund. Any portion of the Exchange Fund (including any interest and other income received with respect thereto) that which remains undistributed to the former Company Stockholders on the date twelve for six (126) months after the Effective Time shall be delivered to Parent upon demandor its designee, and any former holder holders of Company Common Shares prior to the Merger, as the case may be, who has have not theretofore received any applicable Merger Consideration to which such Company Stockholder is entitled under complied with this Article III shall thereafter look only to Parent for payment of the applicable Merger Consideration (subject to abandoned property, escheat escheat, or other similar Laws) ), as general creditors thereof, for payment of claims with respect theretothe Merger Consideration without any interest.

Termination of Exchange Fund. Any portion of the Exchange Fund (including any interest and other income received with respect thereto) that remains undistributed to the former holders of shares of Company Stockholders Common Stock or Company Stock Options on the date twelve (12) months 180th day after the Effective Time shall be delivered to Parent Parent, upon demand, and any former holder holders of Shares who has shares of Company Common Stock or Company Stock Options that have not theretofore received any applicable the Merger Consideration or Option Consideration, respectively, to which such Company Stockholder is they are entitled under this Article III shall thereafter look only to Parent (subject to abandoned property, escheat or other similar Laws) for payment of claims with respect theretotheir claim for such amounts.

Termination of Exchange Fund. Any portion of the Exchange Fund (including any interest and other income received with respect thereto) that remains undistributed to the former Company Stockholders on the date twelve (12) months after the Effective Time shall be delivered to Parent upon demand, and any former holder of Shares who has not theretofore received any applicable Merger Consideration to which such Company Stockholder is entitled under this Article III shall thereafter look only to Parent (subject to abandoned property, escheat or other similar Laws) for payment of claims with respect thereto.. Section 3.05

Termination of Exchange Fund. Any portion of the Exchange Fund (including any interest and other income received with respect thereto) that which remains undistributed to the former Company Stockholders on the date twelve (12) months for three years after the Effective Time shall be delivered to Parent by the Company Stockholder Representative, upon demand, and any former holder of Shares Company Stockholders who has shall have not theretofore received any applicable Merger Consideration to which such Company Stockholder is entitled under complied with the provisions of this Article III Section 2.10 shall thereafter look only to Parent (subject for the Total Merger Consideration to abandoned propertywhich they are entitled, escheat or other similar Laws) for payment of claims with respect theretowithout any interest thereon.

Termination of Exchange Fund. Any portion of the Exchange Fund (including any interest and other income received with respect thereto) that which remains undistributed to the former holders of Company Stockholders on the date twelve (12) Shares for three months after the Effective Time shall be delivered to Parent (who shall thereafter act as Exchange Agent), upon demand, and any former holder holders of Company Shares who has have not theretofore received any applicable Merger Consideration to which such Company Stockholder is entitled under complied with this Article III shall thereafter look only to Parent (subject for the applicable Merger Consideration to abandoned property, escheat or other similar Laws) for payment of claims with respect theretowhich they are entitled.

Termination of Exchange Fund. Any portion of the Exchange Fund (including any interest and other income received with respect thereto) that remains undistributed to the former shareholders of the Company Stockholders on upon the date twelve expiration of three hundred sixty-five (12365) months days after the Effective Time shall be delivered to Parent upon demand, and any former holder shareholders of Shares the Company who has have not theretofore received any applicable Merger Consideration to which such Company Stockholder is entitled under complied with this Article III ‎2 shall thereafter look only to Parent (subject to abandoned property, escheat or other similar Laws) as general creditors for payment of claims their claim for Parent Common Stock and any applicable dividends or other distributions with respect theretoto Parent Common Stock, in each case as provided in Article 1 and this Article ‎2.

Termination of Exchange Fund. Any portion of the Exchange Fund (including any interest and other income received with respect thereto) that remains undistributed to the former holders of Company Stockholders on the date Ordinary Shares for twelve (12) months after the Effective Time shall be delivered to Parent Parent, upon demand, and any former holder of Company Ordinary Shares who has not theretofore received any applicable Merger Consideration to which such Company Stockholder is entitled under complied with this Article III II shall thereafter look only to Parent (subject to abandoned property, escheat or other similar Laws) for payment of claims with respect theretoits claim for Merger Consideration, without interest.

Termination of Exchange Fund. Any portion of the Exchange Fund (including any interest and other income received with respect thereto) that remains undistributed to the former shareholders of the Company Stockholders on the date twelve (12) months after the Effective Time shall be delivered to Parent upon demand, and any former holder of Shares who has not theretofore received any applicable Merger Consideration to which such Company Stockholder Shareholder is entitled under this Article III shall thereafter look only to Parent and the Surviving Entity (subject to abandoned property, escheat or other similar Laws) for payment of claims with respect thereto.

Termination of Exchange Fund. Any portion of the Exchange Fund (including any interest and other income received with respect thereto) that remains undistributed to the former Company Stockholders on the date twelve holders of Certificates or Book-Entry Shares for nine (129) months after the Effective Time shall be delivered to Parent (or the Surviving Corporation, as directed by Xxxxxx), upon demand, and any former holder of Shares Company Common Stock entitled to payment of Merger Consideration who has not theretofore received any applicable Merger Consideration to which such Company Stockholder is entitled under complied with this Article III II shall thereafter look only to Parent (subject to abandoned property, escheat or other similar Laws) as a general creditor thereof for payment of claims with respect theretoits claim for Merger Consideration without any interest thereon.

Termination of Exchange Fund. Any portion of the Exchange Fund (including any interest and other income received with respect thereto) that remains undistributed to the former Company Stockholders on the date twelve (12) months 365 days after the Effective Time shall be delivered to Parent upon demand, and any former holder of Shares who has not theretofore received any applicable Merger Consideration to which such Company Stockholder is entitled under this Article III shall thereafter look only to Parent or the Surviving Corporation (subject to abandoned property, escheat or other similar Laws) for payment of claims with respect theretothereto and only as a general creditor thereof.

Termination of Exchange Fund. Any portion of the Exchange Fund which remains unclaimed by the applicable former shareholders of the Company one (including any interest and other income received with respect thereto1) that remains undistributed to the former Company Stockholders on the date twelve (12) months year after the Effective Time shall be delivered to Parent Parent, upon demand, and any former holder of Shares such holders prior to the Merger who has have not theretofore received any applicable Merger Consideration to which such Company Stockholder is entitled under complied with this Article III shall thereafter look only to Parent (subject to abandoned property, escheat or other similar Laws) the Surviving Corporation for payment of their claims with for Merger Consideration in respect theretothereof.

Termination of Exchange Fund. Any portion of the Exchange Fund (including any interest and other income received with respect thereto) that remains undistributed to the former holders of Shares or Company Stockholders on the date Options for twelve (12) months after the Effective Time shall be delivered to Parent Parent, upon demand, and any former holder of Shares or Company Options who has not theretofore received any applicable Merger Consideration to which such Company Stockholder is entitled under complied with this Article III shall thereafter look only to Parent (subject to abandoned property, escheat or other similar Laws) and the Surviving Corporation for payment of claims with respect theretoits claim for the applicable portion of the Merger Consideration.

Termination of Exchange Fund. Any portion of the Exchange Fund (including any interest and other income received with respect thereto) that remains undistributed to the former Company Stockholders Shareholders on the date that is twelve (12) months after the Effective Time shall be delivered to Parent upon demand, and any former holder of Company Shares who has not theretofore received any applicable portion of the Aggregate Merger Consideration to which such Company Stockholder Shareholder is entitled under this Article III shall thereafter look only to Parent the Surviving Company (subject to abandoned property, escheat or other similar Laws) for payment of claims with respect thereto.

Termination of Exchange Fund. Any portion of the Exchange Fund (including any interest and other income received with respect thereto) that which remains undistributed to unclaimed by the applicable former stockholders of the Company Stockholders on the date or holders of Company Warrants twelve (12) months after the Effective Time shall be delivered to the Surviving Corporation or Parent (as directed by Parent), upon demand, and any former holder of Shares such holders prior to the Merger who has have not theretofore received any applicable Merger Consideration to which such Company Stockholder is entitled under complied with this Article III shall thereafter look only to the Parent or the Surviving Corporation (subject to abandoned property, escheat or other similar Lawsas applicable) for payment of their claims with for Merger Consideration or Warrant Payment, as applicable, in respect theretothereof.

Termination of Exchange Fund. Any portion of the Exchange Fund (including any interest and other income received with respect thereto) that remains undistributed to the former Company Stockholders Shareholders on the date twelve (12) months after the Effective Time shall be delivered to Parent upon demand, and any former holder of Company Shares who has not theretofore received any applicable portion of the Merger Consideration to which such Company Stockholder Shareholder is entitled under this Article III shall thereafter look only to Parent the Surviving Company (subject to abandoned property, escheat or other similar Laws) for payment of claims with respect thereto.

Termination of Exchange Fund. Any portion of the Exchange Fund (including any interest and other income received with respect thereto) that remains undistributed to the former Company Stockholders Shareholders on the date twelve (12) months after the Effective Time shall be delivered to Parent upon demand, and any former holder of Common Shares (other than Dissenting Shares) who has not theretofore received any applicable Merger Consideration to which such Company Stockholder Shareholder is entitled under this Article III shall thereafter look only to Parent (subject to abandoned property, escheat or other similar Laws) ), as general creditor thereof, for payment of claims with respect thereto.

Termination of Exchange Fund. Any portion of the Exchange Fund (including the proceeds of any interest and other income received with respect theretoinvestments thereof) that remains undistributed to the former Company Stockholders on the date twelve (12) months holders of Shares for one year after the Effective Time shall be delivered to the Parent upon demand, and any former holder holders of Shares who has have not theretofore received any applicable Merger Consideration to which such Company Stockholder is entitled under surrendered their Shares in accordance with this Article III Section 2.2 shall thereafter look only to the Parent (subject to abandoned property, escheat or other similar Laws) for payment of claims with respect theretotheir claim for the Merger Consideration, without any interest thereon, upon due surrender of their Shares.