Common use of Termination of Payment Fund Clause in Contracts

Termination of Payment Fund. Any portion of the Payment Fund (including any interest received with respect thereto) that remains undistributed to the Shareholders twelve (12) months after the Effective Time shall be delivered to Parent, and any Shareholder who has not theretofore complied with this Article III shall thereafter look only to Parent for payment of its claim for the relevant aggregate Per Share Amalgamation Consideration with respect to the Shares held by such Shareholder.

Appears in 2 contracts

Samples: Amalgamation Agreement, Amalgamation Agreement (Global Sources LTD /Bermuda)

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Termination of Payment Fund. Any portion of the Payment Fund (including any interest received with respect thereto) that remains undistributed to the Shareholders twelve (12) holders of Shares for six months after the Effective Time shall be delivered to ParentParent upon demand, and any Shareholder holders of Shares who has have not theretofore complied with this Article III II shall thereafter look look, subject to Section 2.8(d), only to Parent for payment of its claim or the Surviving Corporation for the relevant aggregate Per Share Amalgamation Merger Consideration with respect to the Shares held by such Shareholderwhich they are entitled pursuant to this Article II.

Appears in 2 contracts

Samples: Merger Agreement (Harcor Energy Inc), Merger Agreement (Seneca West Corp)

Termination of Payment Fund. Any portion of the Payment Fund (including any interest received with respect thereto) that which remains undistributed to the Shareholders twelve (12) stockholders of the Company for six months after the Effective Time shall be delivered to Parent, upon demand, and any Shareholder stockholders of the Company who has have not theretofore complied with this Article III II shall thereafter look only to Parent for payment of its their claim for the relevant aggregate Per Share Amalgamation Consideration with respect to the Shares held by such ShareholderMerger Consideration.

Appears in 2 contracts

Samples: Merger Agreement (Taco Cabana Inc), Merger Agreement (Carrols Corp)

Termination of Payment Fund. Any portion of the Payment Fund (including any interest received with respect thereto) that which remains undistributed to the Shareholders twelve (12) holders of Shares for six months after the Effective Time shall be delivered to Parent, upon demand, and any Shareholder holders of Shares who has have not theretofore complied with this Article III II and the instructions set forth in the letter of transmittal mailed to such holders after the Effective Time shall thereafter look only to Parent for payment of its claim for the relevant aggregate Per Share Amalgamation Merger Consideration with respect to the Shares held by such Shareholderwhich they are entitled.

Appears in 1 contract

Samples: Merger Agreement (Chicago Dock & Canal Trust)

Termination of Payment Fund. Any portion of the Payment Fund (including the proceeds of any interest received with respect theretoinvestment thereof) that remains undistributed to the Shareholders twelve (12) Company Stockholders for 12 months after the Effective Time shall be delivered to Parent, upon demand, and any Shareholder Company Stockholder who has not theretofore complied with this Article III II shall thereafter look only to Parent and/or the Surviving Corporation for payment of its claim for the relevant aggregate Per Share Amalgamation Consideration with respect to the Shares held by such ShareholderMerger Consideration.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Barnes & Noble Inc)

Termination of Payment Fund. Any portion of the Payment Fund (including any interest received with respect thereto) that remains undistributed to the Shareholders twelve (12) holders of Shares for six months after the Effective Time shall be delivered to ParentParent upon demand, and any Shareholder holders of Shares who has have not theretofore complied with this Article III II shall thereafter look look, subject to Section 2.8(d), only to Parent for payment of its claim for the relevant aggregate Per Share Amalgamation Merger Consideration with respect to the Shares held by such Shareholderwhich they are entitled pursuant to this Article II.

Appears in 1 contract

Samples: Merger Agreement (Pacific Rehabilitation & Sports Medicine Inc)

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Termination of Payment Fund. Any portion of the Payment Fund (including any interest received with respect thereto) that which remains undistributed to the Shareholders twelve holders of the Certificates or Book-Entry Shares for six (126) months after the Effective Time shall be delivered to ParentParent or its designee upon demand, and any Shareholder such holders who has have not theretofore complied with this Article III shall thereafter look only to Parent or the Surviving Corporation (subject to abandoned property, escheat or similar Applicable Law) as general creditor thereof for payment of its claim their claims for the relevant aggregate Per Share Amalgamation Consideration with respect to the Shares held by such ShareholderMerger Consideration.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Boeing Co)

Termination of Payment Fund. Any portion of the Payment Fund (including any interest received with respect thereto) that which remains undistributed to the Shareholders twelve (12) holders of Shares for six months after the Effective Time shall be delivered to Parent, upon demand, and any Shareholder holders of Shares who has not theretofore complied with this Article III shall thereafter look only to Parent for payment of its claim for the relevant aggregate Per Share Amalgamation Consideration with respect to the Shares held by such Shareholder.have not

Appears in 1 contract

Samples: Merger Agreement (Chicago Dock & Canal Trust)

Termination of Payment Fund. Any portion of the Payment Fund (including proceeds of any interest received with respect theretoinvestment thereof) that remains undistributed to the Shareholders holders of Shares on the date that is twelve (12) months after the Effective Time shall be delivered to ParentParent or its designee, upon demand, and any Shareholder holders of Shares who has have not theretofore complied with this Article III shall thereafter look only to Parent for payment of its claim as a general creditor for the relevant aggregate Per Share Amalgamation Merger Consideration with respect to the Shares held by such Shareholderwhich they are entitled pursuant to Section 2.04(a).

Appears in 1 contract

Samples: Merger Agreement (Asv Holdings, Inc.)

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