Common use of Treatment of Excluded Shares Clause in Contracts

Treatment of Excluded Shares. Each Excluded Share shall, at the Effective Time, by virtue of the Merger and without any action on the part of the holder of the Excluded Share, cease to be outstanding and automatically be cancelled without payment of any consideration therefor, subject to any rights the holder thereof may have under Section 3.2.

Appears in 7 contracts

Samples: Agreement and Plan of Merger (Panera Bread Co), Agreement and Plan of Merger (Krispy Kreme Doughnuts Inc), Agreement and Plan of Merger (Fortress Biotech, Inc.)

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Treatment of Excluded Shares. Each Except as provided in the second sentence of this Section 2.1(c), each Excluded Share shall, at the Effective Time, by virtue of the Merger and without any action on the part of the holder of the such Excluded Share, cease to be outstanding and automatically outstanding, be cancelled without payment of any consideration therefor, subject therefor and shall cease to exist. Each Excluded Share held by Merger Sub or any rights direct or indirect subsidiary of Parent or the holder thereof may have under Section 3.2Company shall remain outstanding and be unaffected by the Merger.

Appears in 2 contracts

Samples: Voting Agreement (Straight Path Communications Inc.), Agreement and Plan of Merger (Straight Path Communications Inc.)

Treatment of Excluded Shares. Each Excluded Share shall, at At the Effective Time, by virtue of the Merger all Excluded Shares will be automatically cancelled and without any action on the part of the holder of the Excluded Share, will cease to exist and no Per Share Merger Consideration or any other consideration will be outstanding and automatically be cancelled without payment of any consideration therefor, subject to any rights the holder thereof may have under Section 3.2due or delivered in exchange therefor or in respect thereof.

Appears in 1 contract

Samples: Agreement and Plan of Merger (WalkMe Ltd.)

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Treatment of Excluded Shares. Each Excluded Share shall, at At the Effective Time, by virtue of the Merger all Excluded Shares shall be automatically cancelled and without any action on the part of the holder of the Excluded Share, shall cease to exist and no Per Share Merger Consideration, Per ADS Merger Consideration or any other consideration shall be outstanding and automatically be cancelled without payment of any consideration therefor, subject to any rights the holder thereof may have under Section 3.2due or delivered in exchange therefor or in respect thereof.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Itamar Medical Ltd.)

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