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: Agreement and Plan of Merger (Stryker Corp), Agreement and Plan of Merger (K2m Group Holdings, Inc.), Agreement and Plan of Merger (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: Agreement and Plan of Merger (Dupont Photomasks Inc), Agreement and Plan of Merger (Invision Technologies Inc), Agreement and Plan of Merger (Ionics Inc)
Termination of Fund. Any portion of the funds Payment Fund made available to the Paying Agent Agent, which remains undistributed to the holders of the Certificates or Book-Entry Shares twelve six (126) months after the Effective Time 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 the applicable Merger Consideration.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Corindus Vascular Robotics, Inc.)
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 creditors thereof for payment of their claims for Merger Consideration.
Appears in 1 contract
