Termination of Payment Fund. Any portion of the Payment Fund that remains undistributed to holders of the Certificates for six months after the Effective Time is to be delivered to the Surviving Corporation, upon demand, and any holders of the Certificates who have not theretofore complied with this Article 2 shall thereafter look only to the Surviving Corporation for payment of their claim for the Merger Consideration.
Appears in 3 contracts
Samples: Merger Agreement (Arnold Industries Inc), Merger Agreement (Roadway Corp), Merger Agreement (Aeroquip-Vickers Inc)
Termination of Payment Fund. Any portion of the Payment Fund and any interest received with respect thereto that remains undistributed to the holders of the Certificates for six (6) months after the Effective Time is to shall be delivered to the Surviving Corporation, upon demand, and any . Any holders of the Certificates who have not theretofore complied with this Article 2 Section 2.02 prior to the end of such six (6) month period shall thereafter look look, only as general creditors thereof, to the Surviving Corporation (subject to Section 2.02 (e)) for payment of their claim for the Merger ConsiderationConsideration with respect to the shares of Company Common Stock formerly represented by such Certificates.
Appears in 2 contracts
Samples: Merger Agreement (Brookdale Senior Living Inc.), Merger Agreement (American Retirement Corp)
Termination of Payment Fund. Any portion of the Payment Fund and any interest received with respect thereto that remains undistributed to the holders of the Certificates for six (6) months after the Effective Time is to shall be delivered to the Surviving Corporation, upon demand, and any . Any holders of the Certificates who have not theretofore complied with this Article 2 Section 2.7 prior to the end of such six (6) month period shall thereafter look look, only as general creditors thereof, to the Surviving Corporation (subject to Section 2.7(e)) for payment of their claim for the Merger ConsiderationConsideration with respect to the shares of Common Stock or Preferred Stock formerly represented by such Certificates.
Appears in 2 contracts
Samples: Merger Agreement (Corel Corp), Merger Agreement (Intervideo Inc)
Termination of Payment Fund. Any portion of the Payment Fund that remains undistributed to the holders of the Certificates for six months after the Effective Time is to shall be delivered to the Surviving CorporationPinnacle, upon demand, and any holders of the Certificates who have not theretofore complied with this Article 2 II shall thereafter look only to the Surviving Corporation Pinnacle for payment of their claim claims for the Merger Consideration.
Appears in 2 contracts
Samples: Merger Agreement (Pinnacle Entertainment Inc), Merger Agreement (Aztar Corp)
Termination of Payment Fund. Any portion of the Payment Fund that remains remaining undistributed to the holders of the Certificates for six months after the Effective Time is to shall be delivered to the Surviving Corporation, Corporation upon demand, and any holders of the Certificates who have not theretofore complied with this Article 2 II shall thereafter look only to the Surviving Corporation for payment of their claim for the Merger Consideration.
Appears in 2 contracts
Samples: Merger Agreement (FMFG Ownership, Inc.), Merger Agreement (First Montauk Financial Corp)
Termination of Payment Fund. Any portion of the Payment Fund that which remains undistributed to the holders of the Certificates certificates representing Company Shares for six months one year after the Effective Time is to shall be delivered to the Surviving Corporation, upon demand, and any holders of the Certificates Company Shares who have not theretofore complied with this Article 2 II shall thereafter look only to the Surviving Corporation and only as general creditors thereof for payment of their claim for the Merger Consideration.
Appears in 2 contracts
Samples: Merger Agreement (Bertuccis Inc), Merger Agreement (Bertuccis Inc)
Termination of Payment Fund. Any portion of the Payment Fund that which remains undistributed to the holders of the Certificates for six months after the Effective Time is to shall be delivered to the Surviving Corporation, upon demand, and any holders of the Certificates who have not theretofore complied with this Article 2 shall thereafter look only to the Surviving Corporation for payment of their claim for the Merger Consideration.
Appears in 1 contract
Samples: Merger Agreement (NSC Corp)
Termination of Payment Fund. Any portion of the Payment Fund and any interest received with respect thereto that remains undistributed to the holders of the Certificates for six (6) months after the Effective Time is to shall be delivered to the Surviving Corporation, upon demand, and any . Any holders of the Certificates who have not theretofore complied with this Article 2 shall thereafter look only Section 2.7 prior to the Surviving Corporation for payment end of their claim for the Merger Consideration.such six
Appears in 1 contract
