Termination of the Exchange Fund. Any portion of the Exchange Fund that remains undistributed to the holders of the Certificates on the date that is six (6) months after the date on which the Effective Time occurs shall be delivered to the Surviving Corporation (or its designee), upon demand, and any holders of the Certificates who have not theretofore complied with this Article III shall thereafter look only to the Surviving Corporation for, and the Surviving Corporation shall remain liable for, payment of their claims for the Merger Consideration pursuant to the provisions of this Article III.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Smith & Nephew PLC), Agreement and Plan of Merger (Osiris Therapeutics, Inc.), Agreement and Plan of Merger (Popeyes Louisiana Kitchen, Inc.)
Termination of the Exchange Fund. Any portion of the Exchange Fund that remains undistributed to the holders of the Certificates on the date that is six or Book-Entry Shares twelve (612) months after the date on which the Effective Time occurs shall be delivered to the Surviving Corporation (or its designee)Parent, upon demand, and any holders of the Certificates or Book-Entry Shares who have not theretofore complied with this Article III shall thereafter look only to the Surviving Corporation for, and the Surviving Corporation shall remain liable for, payment of their claims for the Merger Consideration pursuant to the provisions of this Article III.
Appears in 3 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Nimble Storage Inc), Agreement and Plan of Merger (Hewlett Packard Enterprise Co)
Termination of the Exchange Fund. Any portion of the Exchange Fund that which remains undistributed to the holders of the Certificates on the date that is six for twelve (612) months after the date on which the Effective Time occurs shall shall, upon the demand of Parent, be delivered to the Surviving Corporation (or its designee), upon demand, and any Corporation. Any holders of the Certificates who have not theretofore complied with this Article III shall thereafter look only to the Surviving Corporation for, and the Surviving Corporation shall remain liable for, for payment of their claims claim for the Merger Consideration pursuant to the provisions of in accordance with this Article III.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Synergx Systems Inc), Agreement and Plan of Merger (Firecom Inc)
Termination of the Exchange Fund. Any portion of the Exchange Fund that which remains undistributed to the holders of the Certificates on the date that is six for twelve (612) months after the date on which the Effective Time occurs shall be delivered to the Surviving Corporation (or its designee)Corporation, upon demand, and any holders of the Certificates who have not theretofore complied with this Article III shall thereafter look only to the Surviving Corporation for, and the Surviving Corporation shall remain liable for, for payment of their claims claim for the Merger Consideration pursuant to the provisions of in accordance with this Article III.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Hirsch International Corp), Agreement and Plan of Merger (Hirsch International Corp)
Termination of the Exchange Fund. Any portion of the Exchange Fund that which remains undistributed to the holders of the Certificates on the date that is or Book-Entry Shares for six (6) months after the date on which the Effective Time occurs shall be delivered to the Surviving Corporation (or its designee)Corporation, upon demand, and any holders of the Certificates or Book-Entry Shares who have not theretofore complied with this Article III shall thereafter look only to the Surviving Corporation for, and the Surviving Corporation shall remain liable for, for payment of their claims claim for the Merger Consideration pursuant to the provisions of in accordance with this Article III.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Microsoft Corp), Agreement and Plan of Merger (Greenfield Online Inc)
Termination of the Exchange Fund. Any portion of the Exchange Fund that remains undistributed to the holders of the Certificates on the date that is six (6) for 12 months after the date on which the Effective Time occurs shall be delivered to the Surviving Corporation (or its designee)Corporation, upon demand, and any holders of the Certificates who have not theretofore complied with this Article III II shall thereafter look only to the Surviving Corporation for, and the Surviving Corporation shall remain liable for, payment of their claims for the Merger Consideration pursuant to the provisions of this Article IIIII.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Michaels Stores Inc), Agreement and Plan of Merger (Michaels Stores Inc)
Termination of the Exchange Fund. Any portion of the Exchange Fund that remains undistributed to the holders of the Certificates on the date that is six for twelve (612) months after the date on which the Effective Time occurs shall be delivered to the Surviving Corporation (or its designee)Corporation, upon demand, and any holders of the Certificates who have not theretofore complied with this Article III shall thereafter look only to the Surviving Corporation for, and the Surviving Corporation shall remain liable for, payment of their claims for the Merger Consideration per share pursuant to the provisions of this Article III.
Appears in 1 contract
Termination of the Exchange Fund. Any portion of the Exchange Fund that which remains undistributed to the holders of the Certificates on the date that is or Book-Entry Shares for six (6) months after the date on which the Effective Time occurs shall be delivered to the Surviving Corporation (or its designee)Corporation, upon demand, and any holders of the Certificates or Book-Entry Shares who have not theretofore complied with this Article III II shall thereafter look only to the Surviving Corporation for, and the Surviving Corporation shall remain liable for, for payment of their claims claim for the Merger Consideration pursuant to the provisions of in accordance with this Article IIIII.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Greenfield Online Inc)
Termination of the Exchange Fund. Any portion of the Exchange Fund that which remains undistributed to the holders of the Certificates on the date that is six (6) or Book Entry Shares for twelve months after the date on which the Effective Time occurs shall be delivered to the Surviving Corporation (or its designee)Corporation, upon demand, and any holders of the Certificates or Book Entry Shares who have not theretofore complied with this Article III II shall thereafter look only to the Surviving Corporation for, and the Surviving Corporation shall remain liable for, for payment of their claims claim for the Merger Consideration pursuant to the provisions of in accordance with this Article IIIII.
Appears in 1 contract
Termination of the Exchange Fund. Any portion of the Exchange Fund that remains undistributed to the holders of the Certificates on the date that is six (6) twelve months after the date on which the Effective Time occurs shall be delivered to the Surviving Corporation (or its designee), upon demand, and any holders of the Certificates who have not theretofore complied with this Article III II shall thereafter look only to the Surviving Corporation for, and the Surviving Corporation shall remain liable for, payment of their claims for the Merger Consideration pursuant to the provisions of this Article IIIII.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Buffalo Wild Wings Inc)
Termination of the Exchange Fund. Any portion of the Exchange Fund that which remains undistributed to the holders of the Certificates on the date that is six for twelve (612) months after the date on which the Effective Time occurs shall shall, upon the demand of Merger SPV, be delivered to the Surviving Corporation (or its designee), upon demand, and any Corporation. Any holders of the Certificates who have not theretofore complied with this Article III shall thereafter look only to the Surviving Corporation for, and the Surviving Corporation shall remain liable for, for payment of their claims claim for the Merger Consideration pursuant to the provisions of in accordance with this Article III.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Marlborough Software Development Holdings Inc.)
Termination of the Exchange Fund. Any portion of the Exchange Fund that remains undistributed to the holders of the Certificates on the date that is six (6) for 12 months after the date on which the Effective Time occurs shall be delivered by the Paying Agent to the Surviving Corporation (or its designee)Corporation, upon demand, and any holders of the Certificates who have not theretofore complied with this Article III II shall thereafter look only to the Surviving Corporation for, and the Surviving Corporation shall remain liable for, payment of their claims for the Merger Consideration pursuant to the provisions of this Article IIIII.
Appears in 1 contract
