Common use of Termination of Merger Fund Clause in Contracts

Termination of Merger Fund. Any portion of the Merger Fund that remains unclaimed by the holders of Certificates or Book-Entry Shares and other eligible Persons in accordance with this Article IV following one (1) year after the Effective Time shall be delivered to the Surviving Corporation upon demand, and any such holder or eligible Person who has not previously complied with this Article IV shall thereafter look only to the Surviving Corporation (subject to abandoned property, escheat or other similar laws), and the Surviving Corporation shall remain liable, for payment of any such holder’s or eligible Person’s claim for the Merger Consideration, without any interest thereon.

Appears in 3 contracts

Samples: Merger Agreement (Omnicare Inc), Merger Agreement (CVS HEALTH Corp), Merger Agreement (CVS HEALTH Corp)

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Termination of Merger Fund. Any portion of the Merger Fund that remains unclaimed by the holders of Certificates or Book-Entry Shares and other eligible Persons in accordance with this Article IV following one (1) year after the Effective Time shall be delivered to the Surviving Corporation upon demand, and any such holder or eligible Person who has not previously complied with this Article IV shall thereafter look only to the Surviving Corporation (subject to abandoned property, escheat or other similar laws), and 14 the Surviving Corporation shall remain liable, for payment of any such holder’s or eligible Person’s claim for the Merger Consideration, without any interest thereon.

Appears in 1 contract

Samples: Merger Agreement

Termination of Merger Fund. Any portion of the Merger Fund that remains unclaimed by the former holders of Certificates or Book-Entry Common Shares immediately prior to the Effective Time and other eligible Persons in accordance with this Article IV following one (1) year after the Effective Time shall may, upon written request by the Surviving Corporation to the Paying Agent, be delivered to the Surviving Corporation upon demandCorporation, and any such holder or eligible Person who has not previously complied with this Article IV shall thereafter look only to the Surviving Corporation (subject to abandoned property, escheat or other similar laws)Corporation, and the Surviving Corporation shall remain liable, for payment of any such holder’s or eligible Person’s claim for the Merger Consideration, without any interest thereon, upon surrender of Common Shares to the Surviving Corporation.

Appears in 1 contract

Samples: Merger Agreement (Calpine Corp)

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Termination of Merger Fund. Any portion of the Merger Fund (including any interest and other income resulting from any investment of the Merger Fund) that remains unclaimed by the holders of Certificates or Book-Entry Shares Holders and other eligible Persons in accordance with this Article IV following one six (16) year months after the Effective Time shall be delivered to the Surviving Corporation Corporation, upon demand, and any such holder or eligible Person Holder who has not previously complied with this Article IV shall thereafter look only to Parent and the Surviving Corporation (subject to abandoned property, escheat or other similar laws)) for, and Parent and the Surviving Corporation shall remain liableliable for, for payment of any such holder’s or eligible Person’s its claim for the Merger Consideration, Consideration (without any interest thereoninterest) upon due surrender of their Certificates.

Appears in 1 contract

Samples: Merger Agreement (Friendly Ice Cream Corp)

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