Unclaimed Certificates. Notwithstanding any of the other provisions hereof, any certificate which immediately prior to the Effective Time represented outstanding Common Shares (other than Common Shares held by Purchaser or any affiliate thereof) that has not been surrendered with all other documents and instruments required by this Article 4 on or prior to the sixth anniversary of the Effective Date, shall cease to represent a claim or interest of any kind or nature against Vitran or Purchaser and the right of such Vitran Shareholder to receive payment of Consideration therefor, shall, on the sixth anniversary of the Effective Date, be deemed to have been surrendered and forfeited to Purchaser, together with all entitlements to dividends, distributions and any interest thereon held for such former Vitran Shareholder, for no consideration.
Unclaimed Certificates. Notwithstanding any of the other provisions hereof, any certificate which immediately prior to the Effective Time represented outstanding shares of Company Common Stock (other than shares of Company Common Stock held by Parent or the Purchaser or any Affiliate thereof) that has not been surrendered with all other documents and instruments required by this Article 4 on or prior to the sixth anniversary of the Effective Date, shall cease to represent a claim or interest of any kind or nature against the Company or any Purchaser Party and the right of such Company Shareholder to receive shares of Parent Common Stock, shall, on the sixth anniversary of the Effective Date, be deemed to have been surrendered and forfeited to Purchaser, together with all entitlements to dividends, distributions and any interest thereon held for such former Company Shareholder, for no consideration.
Unclaimed Certificates. If Old Certificates are not surrendered or the consideration therefor is not claimed prior to the date on which such consideration would otherwise escheat to or become the property of any governmental unit or agency, the unclaimed consideration shall, to the extent permitted by abandoned property and any other applicable law, become the property of Acquirer (and to the extent not in its possession shall be paid over to Acquirer), free and clear of all claims or interest of any Person previously entitled to such claims. Notwithstanding the foregoing, neither the Exchange Agent nor any party hereto shall be liable to any former holder of Seller Common Stock for any amount properly delivered to a public official pursuant to applicable abandoned property, escheat or similar laws.
Unclaimed Certificates. If Old Certificates are not surrendered or consideration therefor is not claimed prior to the date on which such consideration would otherwise escheat to or become the property of any governmental unit or agency, the unclaimed consideration and any unpaid dividends or distributions thereon shall, to the extent permitted by abandoned property and any other applicable law, become the property of the Company (and to the extent not in its possession shall be paid over to the Company), free and clear of all claims or interest of any Person previously entitled to such claims. Notwithstanding the foregoing, neither the Exchange Agent nor any party hereto shall be liable to any former holder of IRT Common Stock for any amount properly delivered to a public official pursuant to applicable abandoned property, escheat or similar laws.
Unclaimed Certificates. 9 ARTICLE 5AMENDMENT 5.1 PLAN OF ARRANGEMENT AMENDMENT. . . . . . . . . . . . . . . . . . 9 EXHIBIT 2.1 - MGI AFFILIATE AGREEMENT EXHIBIT 2.2 - DISCREET AFFILIATE AGREEMENT ARRANGEMENT AGREEMENT ARRANGEMENT AGREEMENT, dated as of March 9, 1998, by and among Discreet Logic Inc., a company incorporated under the laws of the province of Quebec ("DISCREET"), MGI Software Corp., a corporation amalgamated under the laws of the province of Ontario ("MGI"), and 1284517 Ontario Inc. ("Subco").
Unclaimed Certificates. Notwithstanding any of the other provisions hereof, any certificate which immediately prior to the Effective Time represented outstanding MGI Common Shares that were exchanged pursuant to subsection 2.3(c) that has not been surrendered with all other instruments required by section 4.1 on or prior to the sixth anniversary of the Effective Date shall cease to represent a claim or interest of any kind or nature as a shareholder of MGI. On such date, the Discreet Common Shares to which the former registered holder of such certificate was ultimately entitled shall be deemed to have been surrendered to Discreet together with all entitlements to dividends, distribution and cash for fractional interests thereon held for such former registered holder for no consideration.
Unclaimed Certificates. If Old Certificates are not surrendered or the consideration therefor is not claimed prior to the date on which such consideration would otherwise escheat to or become the property of any governmental unit or agency, the unclaimed consideration shall, to the extent permitted by abandoned property and any other applicable law, become the property of Acquirer (and to the extent not in its possession shall be paid over to Acquirer), and thereafter any shareholders of Seller who have not surrendered their Old Certificates shall thereafter look only to Acquirer for payment of the shares of Acquirer Common Stock, cash in lieu of any fractional shares of Acquirer Common Stock, and unpaid dividends and distributions on Acquirer Common Stock deliverable in respect to each share of Seller Common Stock such shareholder holds immediately prior to the Effective Time, as determined pursuant to this Agreement, in each case, without any interest thereon. Notwithstanding the foregoing, neither the Exchange Agent nor any party hereto shall be liable to any former holder of Seller Common Stock for any amount properly delivered to a public official pursuant to applicable abandoned property, escheat or similar laws.
Unclaimed Certificates. Notwithstanding any of the other provisions hereof, any certificate which immediately prior to the Effective Time represented outstanding Common Shares (other than Common Shares held by DDi or any affiliate thereof) that has not been surrendered with all other documents and instruments required by this Article 4 on or prior to the sixth anniversary of the Effective Date, shall cease to represent a claim or interest of any kind or nature against Coretec or DDi and the right of such Coretec Shareholder to receive payment of Consideration therefor, shall, on the sixth anniversary of the Effective Date, be deemed to have been surrendered and forfeited to DDi, together with all entitlements to dividends, distributions and any interest thereon held for such former Coretec Shareholder, for no consideration.
Unclaimed Certificates. Notwithstanding any of the other provisions hereof, any certificate which immediately prior to the Effective Time represented outstanding Mexgold Common Shares (other than Mexgold Common Shares beneficially owned, directly or indirectly, by Gxxxxx Lake) that has not been surrendered with all other documents and instruments required by Article 3 on or prior to the sixth anniversary of the Effective Date, shall cease to represent a claim or interest of any kind or nature against Mexgold or Gxxxxx Lake and the right of such holder to receive Gxxxxx Lake Common Shares, shall be deemed to have been surrendered to Gxxxxx Lake, together with all entitlements to dividends, distributions and any interest thereon held for such former holder, for no consideration.
Unclaimed Certificates. If any holder of Amalco Common Shares or Amalco Redeemable Shares fails for any reason to deliver to the Depositary for cancellation the certificates (formerly of RR or SC) formerly representing RR Common Shares, RR Equity Shares, RR Debentures or SC Debentures, together with all other required documents in accordance with section 4.1 on or before the fifth anniversary of the Effective Date, such holder shall be deemed to have donated and forfeited to Amalco the Amalco Common Shares and Amalco Redeemable Shares, and any amounts remaining payable in respect of RR Debentures or SC Debentures formerly held by such holder, to which such holder was otherwise entitled pursuant to the Arrangement together with all dividends, distributions, sale proceeds and accrued interest, net of any applicable withholding or other taxes, held by the Depositary in trust for such holder pursuant to section 4.2.
