Termination of the Exchange Fund. Any portion of the Exchange Fund that remains undistributed to the holders of shares of Company Common Stock for twelve (12) months after the Effective Time shall be delivered to Parent, upon demand, and any holders of shares of Company Common Stock who have not theretofore complied with this Article III shall thereafter look only to Parent for, and Parent shall remain liable for, payment of their claims for the Merger Consideration pursuant to the provisions of this Article III.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (King Pharmaceuticals Inc), Agreement and Plan of Merger (Alpharma Inc)
Termination of the Exchange Fund. Any portion of the Exchange Fund that which remains undistributed to the holders of the shares of Company Common Stock for twelve one (121) months year after the Effective Time shall be delivered to Parent, upon demand, and any holders of the shares of Company Common Stock who have not theretofore complied with this Article III II shall thereafter look only to Parent for, and Parent shall remain liable for, payment of their claims claim for the Merger Consideration pursuant to the provisions of in accordance with this Article IIIII.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Darden Restaurants Inc), Agreement and Plan of Merger (Rare Hospitality International Inc)
Termination of the Exchange Fund. Any portion of the Exchange Fund that remains undistributed to the holders of shares of Company Common Stock for twelve Stockholders on the date that is one (121) months year after the Effective Time shall be delivered to Parent, upon demand, and any holders of shares of Company Common Stock Stockholders who have not theretofore complied with this Article III II shall thereafter look only to Parent for, and Parent shall remain liable for, payment of their claims claim for the Merger Consideration pursuant to the provisions of in accordance with this Article IIIII.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Energysouth Inc), Agreement and Plan of Merger (Adams Respiratory Therapeutics, Inc.)
Termination of the Exchange Fund. Any portion of the Exchange Fund that which remains undistributed to the holders of the shares of Company Common Stock for twelve six (126) months after the Effective Time shall be delivered to Parent, upon demand, and any holders of the shares of Company Common Stock who have not theretofore complied with this Article III II shall thereafter look only to Parent for, and Parent shall remain liable for, payment of their claims claim for the Merger Consideration pursuant to the provisions of in accordance with this Article IIIII.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Independent Brewers United, Inc.), Agreement and Plan of Merger (Pyramid Breweries Inc)
Termination of the Exchange Fund. Any portion of the Exchange Fund that remains undistributed to the holders of shares of Company Common Stock for twelve (12) months one year after the Effective Time shall be delivered to Parent, upon demand, and any holders holder of shares of Company Common Stock Certificates who have has not theretofore complied with this Article III II shall thereafter look only to Parent for, and Parent shall remain liable for, payment of their claims its claim for the Merger Consideration pursuant to the provisions of this Article IIIConsideration.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Thermo Fisher Scientific Inc.)
Termination of the Exchange Fund. Any portion of the Exchange Fund that remains undistributed to the holders of shares of Company Common Stock for twelve Certificates or Book Entry Shares on the date that is one (121) months year after the Effective Time shall be delivered to Parent, upon demand, and any holders of shares of Company Common Stock Certificates or Book Entry Shares who have not theretofore complied with this Article III II shall thereafter look only to Parent for, and Parent shall remain liable for, payment of their such holders’ claims for the Merger Consideration pursuant to the provisions of this Article IIIII.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Smithfield Foods Inc)
