Common use of Termination of the Exchange Fund Clause in Contracts

Termination of the Exchange Fund. Any portion of the Exchange Fund that remains unclaimed by the holders of the Certificates or Book-Entry Shares for twelve (12) months after the Effective Time shall be delivered by the Paying Agent to 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 Parent or the Surviving Company 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 1 contract

Samples: Agreement and Plan of Merger (KSW Inc)

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Termination of the Exchange Fund. Any portion of the Exchange Fund that remains unclaimed by undistributed to the holders of the Certificates or Book-Entry Shares for twelve six (126) months after the Effective Time shall be delivered by the Paying Agent to 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 Parent or the Surviving Company 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 1 contract

Samples: Agreement and Plan of Merger (Inhibitex, Inc.)

Termination of the Exchange Fund. Any portion of the Exchange Fund that remains unclaimed by undistributed to the holders of the Certificates or Book-Entry Shares for twelve (12) months after the Effective Time shall be promptly delivered by the Paying Agent to Parent, upon demand, Parent and any holders of the Certificates or Book-Entry Shares who have not theretofore complied with this Article III shall thereafter look only to Parent or the Surviving Company Corporation for, and Parent 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 1 contract

Samples: Agreement and Plan of Merger (Williams Controls Inc)

Termination of the Exchange Fund. Any portion of the Exchange Fund that remains unclaimed by undistributed to the holders of the Certificates or Book-Entry Shares for twelve (12) months after the Effective Time shall be delivered by the Paying Agent to 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 Parent or the Surviving Company 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 1 contract

Samples: Agreement and Plan of Merger (Facet Biotech Corp)

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Termination of the Exchange Fund. Any portion of the Exchange Fund that remains unclaimed by undistributed to the holders of the Certificates or Book-Entry Shares for twelve nine (129) months after the Effective Time shall be delivered by the Paying Agent to 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 Parent or the Surviving Company for, and Parent shall remain liable for, payment of their claims for the Merger Consideration pursuant to the provisions of this Article IIIIII and any dividends declared with a record date prior to the Effective Time that remain unpaid at the Effective Time and that are due to any such holder.

Appears in 1 contract

Samples: Agreement and Plan of Merger (McCormick & Schmicks Seafood Restaurants Inc.)

Termination of the Exchange Fund. Any portion of the Exchange Fund that remains unclaimed by undistributed to the holders of the Certificates or Book-Entry Shares for twelve (12) months after the Effective Time shall be delivered by the Paying Agent to Parent, upon demand, and any holders of the Certificates or Book-Entry Shares who have not theretofore complied with this Article ARTICLE III shall thereafter look only to Parent or the Surviving Company for, and Parent shall remain liable for, payment of their claims for the Merger Consideration pursuant to the provisions of this Article IIIARTICLE III and any dividends declared with a record date prior to the Effective Time that remain unpaid at the Effective Time and that are due to any such holder.

Appears in 1 contract

Samples: Iii Agreement and Plan of Merger (Bioclinica Inc)

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