Termination of Fund. Any portion of the funds made available to the Paying Agent which remains undistributed to the holders of the Certificates or Book-Entry Shares twelve (12) months after the Effective Time shall be delivered to the Surviving Corporation or its designee upon demand, and any such holders prior to the Merger who have not theretofore complied with this Article II shall thereafter look only to the Surviving Corporation as general creditor thereof for payment of their claims for Merger Consideration.
Appears in 3 contracts
Samples: Merger Agreement (Stryker Corp), Merger Agreement (K2m Group Holdings, Inc.), Merger Agreement (Entellus Medical Inc)
Termination of Fund. Any portion of the funds made available to Payment Fund (including the Paying Agent which proceeds of any investments thereof) that remains undistributed to the holders of the Certificates or Book-Entry Shares twelve (12) months for 180 days after the Effective Time shall be delivered by the Paying Agent to the Surviving Corporation or its designee upon demand, and any such . Any holders prior to the Merger of Certificates who have not theretofore complied with this Article II shall thereafter look only to the Surviving Corporation as general creditor thereof for payment of their claims for the Merger Consideration.
Appears in 3 contracts
Samples: Merger Agreement (Dupont Photomasks Inc), Merger Agreement (Invision Technologies Inc), Merger Agreement (Ionics Inc)
Termination of Fund. Any portion of the funds made available to Payment Fund (including the Paying Agent which proceeds of any investments thereof) that remains undistributed to the holders of the Certificates or Book-Entry Shares twelve (12) months for 270 days after the Effective Time shall be delivered by the Paying Agent to the Surviving Corporation or its designee upon demand, and any such . Any holders prior to the Merger of Certificates who have not theretofore complied with this Article II shall thereafter look only to the Surviving Corporation as general creditor thereof for payment of their claims for the Merger Consideration.
Appears in 2 contracts
Samples: Merger Agreement (I2 Technologies Inc), Merger Agreement (Jda Software Group Inc)
Termination of Fund. Any portion of the funds made available to Payment Fund (including the Paying Agent which proceeds of any investments thereof) that remains undistributed to the former holders of the Certificates or Book-Entry Shares twelve (12) months one year after the Effective Time shall be delivered by the Paying Agent to the Surviving Corporation or its designee upon demand, and any such . Any former holders prior to the Merger of Certificates who have not theretofore complied with this Article II 2 shall thereafter look only to the Surviving Corporation as general creditor thereof for payment of their claims for the Merger ConsiderationConsideration payable with respect thereto.
Appears in 2 contracts
Samples: Merger Agreement (Blue Martini Software Inc), Merger Agreement (Vitria Technology Inc)
Termination of Fund. Any portion of the funds made available to Payment Fund (including the Paying Agent which proceeds of any investments thereof) that remains undistributed to the former holders of the Certificates or Book-Entry Shares twelve (12) six months after the Effective Time shall be delivered by the Paying Agent to the Surviving Corporation or its designee upon demand, and any such . Any former holders prior to the Merger of Certificates who have not theretofore complied with this Article II 2 shall thereafter look only to the Surviving Corporation as general creditor thereof for payment of their claims for Merger Considerationthe Per Share Amount payable with respect thereto.
Appears in 2 contracts
Samples: Merger Agreement (Broadvision Inc), Merger Agreement (Bravo Holdco)
Termination of Fund. Any portion of the funds made available to Payment Fund (including the Paying Agent which proceeds of any investments thereof) that remains undistributed to the holders of the Certificates or Book-Entry Shares twelve (12) months for 180 days after the Effective Time shall be delivered by the Paying Agent to the Surviving Corporation or its designee Parent upon demand, and any such . Any holders prior to the Merger of Certificates who have not theretofore complied with this Article II shall thereafter look only to the Surviving Corporation as general creditor thereof for payment of their claims for the Merger Consideration.
Appears in 1 contract
Termination of Fund. Any portion of the funds made available to Payment Fund (including the Paying Agent which proceeds of any investments thereof) that remains undistributed to the former holders of the Certificates or Book-Entry Shares twelve (12) six months after the Effective Time shall be delivered by the Paying Agent to the Surviving Corporation or its designee upon demand, and any such . Any former holders prior to the Merger of Certificates who have not theretofore complied with this Article II 2 shall thereafter look only to the Surviving Corporation as general creditor thereof for payment of their claims for the Merger ConsiderationConsideration payable with respect thereto.
Appears in 1 contract
Termination of Fund. Any portion of the funds made available to Exchange Fund (including the Paying Agent which proceeds of any investments thereof) that remains undistributed to the holders of the Certificates or Book-Entry Shares twelve (12) months for 270 days after the Effective Time shall be delivered by the Exchange Agent to the Surviving Corporation or its designee upon demand, and any such . Any holders prior to the Merger of Certificates who have not theretofore complied with this Article II shall thereafter look only to the Surviving Corporation as general creditor thereof for payment of their claims for the Merger Consideration.
Appears in 1 contract
