Common use of Termination of the Payment Fund Clause in Contracts

Termination of the Payment Fund. Any portion of the Payment Fund that remains unclaimed by the holders of Shares twelve (12) months after the Effective Time shall be delivered to the Surviving Corporation, upon demand, and any such holder who has not exchanged Shares for the Merger Consideration in accordance with Section 2.06 and this Section 2.07 prior to that time shall thereafter look only to the Surviving Corporation as a general creditor thereof for payment of the Merger Consideration.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Astea International Inc), Agreement and Plan of Merger (General Mills Inc)

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Termination of the Payment Fund. Any portion of the Payment Fund that remains unclaimed by the holders of Shares twelve six (126) months after the Effective Time shall be delivered to the Surviving Corporation, upon demand, and any such holder who has not exchanged Shares for the Merger Consideration in accordance with Section 2.06 and this Section 2.07 prior to that time shall thereafter look only to the Surviving Corporation as a general creditor thereof for payment of the Merger Consideration.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Fitbit, Inc.), Agreement and Plan of Merger (Tumi Holdings, Inc.)

Termination of the Payment Fund. Any portion of the Payment Fund that remains unclaimed by the holders of Shares twelve six (126) months after the Effective Time shall be delivered to the Surviving Corporation, Corporation upon demand, and any such holder who has not exchanged Shares for the Merger Consideration in accordance with this Section 2.06 and this Section 2.07 prior to that time shall thereafter look only to the Surviving Corporation as a general creditor creditors thereof for payment of the Merger Consideration.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Actuate Corp), Agreement and Plan of Merger (Open Text Corp)

Termination of the Payment Fund. Any portion of the Payment Fund that remains unclaimed by the holders of Shares twelve (12) months after the Effective Time shall be delivered to the Surviving Corporation, upon demand, and any such holder who has not exchanged Shares for the Merger Consideration in accordance with Section 2.06 and this Section 2.07 2.08 prior to that time shall thereafter look only to the Surviving Corporation as a general creditor thereof for payment of the Merger Consideration.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Endurance International Group Holdings, Inc.), Agreement and Plan of Merger (Constant Contact, Inc.)

Termination of the Payment Fund. Any portion of the Payment Fund that remains unclaimed by the holders of Shares twelve (12) six months after the Effective Time shall be delivered to the Surviving Corporation, upon demand, and any such holder who has not exchanged Shares for the Merger Consideration in accordance with Section 2.06 and this Section 2.07 β€Ž2.7 prior to that time shall thereafter look only to the Surviving Corporation as a general creditor thereof for payment of the Merger Consideration.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Sibanye Gold LTD)

Termination of the Payment Fund. Any portion of the Payment Fund that remains unclaimed by the holders of Shares twelve six (126) months after the Effective Time shall be delivered to the Surviving Corporation, upon demand, and any such holder who has not exchanged Shares for the Merger Consideration in accordance with this Section 2.06 and this Section 2.07 prior to that time shall thereafter look only to the Surviving Corporation as a general creditor creditors thereof for payment of the Merger Consideration.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Higher One Holdings, Inc.)

Termination of the Payment Fund. Any portion of the Payment Fund that remains unclaimed by the holders of Shares twelve (12) months after the Effective Time shall be delivered to the Surviving Corporation, upon demand, and any such holder who has not exchanged Shares for the Merger Consideration Per Share Amount in accordance with this Section 2.06 and this Section 2.07 prior to that time shall thereafter look only to the Surviving Corporation (subject to Section 2.11) as a general creditor creditors thereof for payment of the Merger ConsiderationPer Share Amount.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Ariad Pharmaceuticals Inc)

Termination of the Payment Fund. Any portion of the Payment Fund that remains unclaimed by the holders of Shares twelve (12) six months after the Effective Time shall be delivered to the Surviving Corporation, upon demand, and any such holder who has not exchanged Shares for the Merger Consideration in accordance with Section 2.06 and this Section 2.07 2.7 prior to that time shall thereafter look only to the Surviving Corporation as a general creditor thereof for payment of the Merger Consideration.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Stillwater Mining Co /De/)

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Termination of the Payment Fund. Any portion of the Payment Fund that remains unclaimed by the holders of Shares twelve six (126) months after the Effective Time shall be delivered to the Surviving Corporation, upon demand, and any such holder who has not exchanged Shares for the Merger Consideration in accordance with Section 2.06 and this Section 2.07 prior to that time shall thereafter look only to the Surviving Corporation as a general creditor creditors thereof for payment of the Merger Consideration.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Cdi Corp)

Termination of the Payment Fund. Any portion of the Payment Fund that remains unclaimed by the holders of Shares twelve six (126) months after the Effective Time shall be delivered to the Surviving Corporation, upon demand, and any such holder who has not exchanged Shares for the Merger Consideration in accordance with this Section 2.06 and this Section 2.07 prior to that time shall thereafter look only to the Surviving Corporation as a general creditor thereof for payment of the Merger Consideration.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Daegis Inc.)

Termination of the Payment Fund. Any portion of the Payment Fund that remains unclaimed by the holders of Shares twelve (12) 12 months after the Effective Time shall be delivered to the Surviving Corporation, upon demand, and any such holder who has not exchanged Shares for the Merger Consideration in accordance with this Section 2.06 and this Section 2.07 prior to that time shall thereafter look only to the Surviving Corporation as a general creditor thereof for payment of the Merger Consideration.

Appears in 1 contract

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

Termination of the Payment Fund. Any portion of the Payment Fund that remains unclaimed by undistributed to the holders of Shares shares of Company Stock for twelve (12) months after the Effective Time shall may be delivered to the Surviving Corporation, upon demand, and any such holder holders of shares of Company Stock or Warrants who has have not exchanged Shares for the Merger Consideration in accordance theretofore complied with Section 2.06 and this Section 2.07 prior to that time Article II shall thereafter look only to the Surviving Corporation as a general creditor thereof (subject to applicable abandoned property, escheat and similar Laws) for payment of the Merger ConsiderationPrice, without any interest thereon.

Appears in 1 contract

Samples: Agreement and Plan of Merger (CRC Health CORP)

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