Common use of Termination of Merger Fund Clause in Contracts

Termination of Merger Fund. Any portion of the Merger Fund -------------------------- (including the proceeds of any investments thereof) that remains unclaimed by the stockholders of the Company for 180 days after the Effective Time shall be paid to Parent. Any stockholders of the Company who have not theretofore complied with this Article IV shall thereafter look only to Parent for payment of their Merger Consideration payable pursuant to Section 4.1 upon due surrender of their Certificates (or affidavits of loss in lieu thereof), in each case, without any interest thereon. Notwithstanding the foregoing, neither Parent, the Surviving Corporation, the Exchange Agent nor any other Person shall be liable to any former holder of Shares for any amount properly delivered to a public official pursuant to applicable abandoned property, escheat or similar laws.

Termination of Merger Fund. Any portion of the Merger Fund -------------------------- (including the proceeds of any investments thereof) that remains unclaimed by the stockholders shareholders of the Company for 180 days after the Effective Time shall be paid to the Parent. Any stockholders shareholders of the Company who have not theretofore complied with this Article IV shall thereafter look only to the Parent for payment of their Merger Consideration payable pursuant to Section 4.1 upon due surrender of their Certificates (or affidavits of loss in lieu thereof), in each case, without any interest thereon. Notwithstanding the foregoing, neither the Parent, the Surviving Corporation, the Exchange Agent nor any other Person shall be liable to any former holder of Shares for any amount properly delivered to a public official pursuant to applicable abandoned property, escheat or similar laws.

Termination of Merger Fund. Any portion of the Merger Fund -------------------------- (including the proceeds of any investments thereof) that remains unclaimed by the stockholders Shareholders of the Company for 180 days one year after the Effective Time shall be paid to Parent. Any stockholders Shareholders of the Company who have not theretofore complied with this Article IV III shall thereafter look only to Parent for payment of their Merger Consideration payable pursuant to Section 4.1 3.1 upon due surrender of their Certificates (or affidavits of loss in lieu thereof), in each case, without any interest thereon. Notwithstanding the foregoing, neither Parent, the Surviving Corporation, the Exchange Agent nor any other Person shall be liable to any former holder of Shares for any amount properly delivered to a public official pursuant to applicable abandoned property, escheat or similar laws.