Termination of Exchange Period; Unclaimed Stock. Any portion of the Exchange Fund (including the proceeds of any investments thereof and any shares of Parent Common Stock) that remains unclaimed by the shareholders of the Company 180 days after the Effective Time shall be delivered, at Parent's option, to Parent. Any shareholders of the Company who have not theretofore complied with this Article IV shall thereafter look only to Parent for delivery of any shares of Parent Common Stock and payment of any cash, dividends and other distributions in respect thereof payable or deliverable pursuant to Section 4.1, Section 4.2(c) and Section 4.2(e) upon due surrender of their Certificates (or affidavits of loss in lieu thereof), in each case, without any interest thereon. Notwithstanding the foregoing, none of Parent, the Surviving Corporation, the Exchange Agent or any other Person shall be liable to any former holder of Company Shares for any amount properly delivered to a public official pursuant to applicable abandoned property, escheat or similar Laws.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (At&t Inc.), Agreement and Plan of Merger (Bellsouth Corp)
Termination of Exchange Period; Unclaimed Stock. Any shares of Keystone Common Stock and any portion of the Exchange Fund cash payable with respect to the Keystone Common Stock pursuant to Section 4.1 and Section 4.2(d) (including the proceeds of any investments thereof and any shares of Parent Common Stockthereof) that remains unclaimed by the former shareholders of the Company 180 days after the Effective Time shall be delivered, at Parent's option, paid to ParentKeystone. Any former shareholders of the Company who have not theretofore complied with this Article IV shall thereafter look only to Parent Keystone for delivery payment of any their shares of Parent Keystone Common Stock and payment of any cash, dividends and other distributions in respect thereof cash issuable and/or payable or deliverable pursuant to Section 4.1, Section 4.2(c) 4.1 and Section 4.2(e4.2(d) upon due surrender of their Certificates (or affidavits of loss in lieu thereof), in each case, without any interest thereon. Notwithstanding the foregoing, none of ParentKeystone, the Surviving Corporation, the Exchange Agent or any other Person shall be liable to any former holder of Company Shares for any amount properly delivered to a public official pursuant to applicable abandoned property, escheat or similar Lawslaws.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Keystone Automotive Industries Inc)
Termination of Exchange Period; Unclaimed Stock. Any portion of the Exchange Fund (including the proceeds of any investments thereof and any shares of Parent Common Stock) that remains unclaimed by the shareholders of the Company 180 days after the Effective Time shall be delivered, at Parent's ’s option, to Parent. Any shareholders of the Company who have not theretofore complied with this Article IV shall thereafter look only to Parent for delivery of any shares of Parent Common Stock and payment of any cash, dividends and other distributions in respect thereof payable or deliverable pursuant to Section 4.1, Section 4.2(c) and Section 4.2(e) upon due surrender of their Certificates (or affidavits of loss in lieu thereof), in each case, without any interest thereon. Notwithstanding the foregoing, none of Parent, the Surviving Corporation, the Exchange Agent or any other Person shall be liable to any former holder of Company Shares for any amount properly delivered to a public official pursuant to applicable abandoned property, escheat or similar Laws.
Appears in 1 contract
Samples: Agreement and Plan of Merger