Vesting of Powers in Successor. Whenever the conditions of Section 11.1 hereof have been duly observed and performed, the Trustee, if required by Section 11.1 hereof, the Parent Successor and the Purchaser shall execute and deliver the supplemental Agreement provided for in Article 12 and thereupon the Parent Successor shall possess and from time to time may exercise each and every right and power of the Parent under this Agreement in the name of the Parent or otherwise and any act or proceeding by any provision of this Agreement required to be done or performed by the board of directors of Parent or any officers of the Parent may be done and performed with like force and effect by the directors or officers of such the Parent Successor.
Appears in 4 contracts
Samples: Share Exchange and Share Purchase Agreement (Actionview International Inc), Share Exchange and Share Purchase Agreement (I Tech Holdings Inc), Exchange and Voting Agreement (Thinweb Com Corp)
Vesting of Powers in Successor. Whenever the conditions of Section section 11.1 hereof have been duly observed and performed, the TrusteeAgent and, if required by Section 11.1 hereofsection 11.1, the Parent Successor and Exchangeco or Parent, as the Purchaser case may be, shall execute and deliver the supplemental Agreement provided for in Article 12 and thereupon the Parent Successor shall possess and from time to time may exercise each and every right and power of Exchangeco or Parent, as the Parent case may be, under this Agreement in the name of the Parent or otherwise and any act or proceeding by any provision of this Agreement required to be done or performed by the board Board of directors Directors of Parent or any officers of the Parent may be done and performed with like force and effect by the directors or officers of such the Parent Successor.
Appears in 3 contracts
Samples: Voting and Exchange Agency Agreement (Ideal Accents Inc), Voting and Exchange Agency Agreement (Ideal Accents Inc), Voting and Exchange Agency Agreement (Medinex Systems Inc)
Vesting of Powers in Successor. Whenever the conditions of Section 11.1 section 10.1 hereof have been duly observed and performed, the TrusteeEscrow Agent, if required required, by Section 11.1 section 10.1 hereof, the Parent Successor and the Purchaser shall execute and deliver the supplemental Agreement agreement provided for in Article 12 11 hereof and thereupon the Parent Successor shall possess and from time to time may exercise each and every right and power of the Parent under this Agreement in the name of the Parent or otherwise and any act or proceeding by any provision of this Agreement required to be done or performed by the board of directors of Parent or any officers of the Parent may be done and performed with like force and effect by the directors or officers of such the Parent Successor.
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (MIGENIX Inc.), Escrow Agreement (MIGENIX Inc.)
Vesting of Powers in Successor. Whenever the conditions of Section 11.1 hereof 10.1 have been duly observed and performed, the Trusteeparties, if required by Section 11.1 hereof10.1, the Parent Successor and the Purchaser shall execute and deliver the supplemental Agreement trust agreement provided for in Article 12 Section 10.1(a) and thereupon the Parent Successor and such other person that may then be the issuer of the Delaware Common Stock shall possess and from time to time may exercise each and every right and power of the Parent under this Agreement in the name of the Parent or otherwise and any act or proceeding by any provision of this Agreement required to be done or performed by the board of directors of Parent or any officers of the Parent may be done and performed with like force and effect by the directors or officers of such the Parent Successor.
Appears in 2 contracts
Samples: Voting and Exchange Trust Agreement (Zymeworks Delaware Inc.), Transaction Agreement (Zymeworks Inc.)
Vesting of Powers in Successor. Whenever the conditions of Section section 11.1 hereof have been duly observed and performed, the Trustee, if required by Section section 11.1 hereof, the Parent Successor and the Purchaser shall execute and deliver the supplemental Agreement provided for in Article 12 and thereupon the Parent Successor shall possess and from time to time and may exercise each and every right and power of the Parent under this Agreement in the name of the Parent or otherwise and any act or proceeding by any provision of this Agreement required to be done or performed by the board of directors of Parent or any officers of the Parent may be done and performed with like force and effect by the directors or officers of such the Parent Successor.
Appears in 2 contracts
Samples: Share Exchange Agreement (Big Flash Corp), Share Exchange Agreement (Big Flash Corp)
Vesting of Powers in Successor. Whenever the conditions of Section 11.1 section 12.1 hereof have been duly observed and performed, the Trustee, if required required, by Section 11.1 section 12.1 hereof, the Parent Successor and the Purchaser Corporation shall execute and deliver the supplemental Agreement agreement provided for in Article 12 13 and thereupon the Parent Successor shall possess and from time to time may exercise each and every right and power of the Parent under this Agreement in the name of the Parent or otherwise and any act or proceeding by any provision of this Agreement required to be done or performed by the board Board of directors Directors of the Parent or any officers of the Parent may be done and performed with like force and effect by the directors Board of Directors or officers of such the Parent Successor.
Appears in 2 contracts
Samples: Voting and Exchange Trust Agreement (Autodesk Inc), Voting and Exchange Trust Agreement (Discreet Logic Inc)
Vesting of Powers in Successor. Whenever the conditions of Section 11.1 section 6.1 hereof have been duly observed and performed, the TrusteeHolder, if required required, by Section 11.1 section 6.1 hereof, the Parent Successor and the Purchaser Corporation shall execute and deliver the supplemental Agreement agreement provided for in Article 12 7 and thereupon the Parent Successor shall possess and from time to time may exercise each and every right and power of the Parent under this Agreement in the name of the Parent or otherwise and any act or proceeding by any provision of this Agreement required to be done or performed by the board Board of directors Directors of the Parent or any officers of the Parent may be done and performed with like force and effect by the directors Board of Directors or officers of such the Parent Successor.
Appears in 2 contracts
Samples: Voting and Exchange Agreement (Caldera Corp /Fl/), Voting and Exchange Agreement (Caldera Corp /Fl/)
Vesting of Powers in Successor. Whenever the conditions of Section 11.1 hereof section 12.1 have been duly observed and performed, the TrusteeVoting Trustee and, if required by Section 11.1 hereofsection 12.1, the Parent Successor and the Purchaser Exchangeco shall execute and deliver the supplemental Agreement trust agreement provided for in Article 12 ARTICLE 13 and thereupon the Parent Successor shall possess and from time to time may exercise each and every right and power of the Parent under this Agreement in the name of the Parent or otherwise and any act or proceeding by any provision of this Agreement required to be done or performed by the board Board of directors Directors of the Parent or any officers of the Parent may be done and performed with like force and effect by the directors or officers of such the Parent Successor.
Appears in 1 contract
Vesting of Powers in Successor. Whenever the conditions of Section 11.1 hereof 10.1 have been duly observed and performed, the Trustee, Parent Successor and Purchaser shall, if required by Section 11.1 hereof10.1, the Parent Successor and the Purchaser shall execute and deliver the supplemental Agreement trust agreement provided for in Article 12 11 and thereupon the Parent Successor shall possess and from time to time may exercise each and every right and power of the Parent under this Agreement in the name of the Parent or otherwise and any act or proceeding by any provision of this Agreement required to be done or performed by the board Board of directors Directors of Parent or any officers of the Parent may be done and performed with like force and effect by the directors or officers of such the Parent Successor.
Appears in 1 contract
Vesting of Powers in Successor. Whenever the conditions of Section 11.1 section 11.I hereof have been duly observed and performed, the Trustee, if required by Section section 11.1 hereof, the Trustee, the Parent Successor and the Purchaser Corporation shall execute and deliver the supplemental Agreement agreement provided for in Article 12 hereof and thereupon the Parent Successor shall possess and from time to time may exercise each and every right and power of the Parent under this Agreement agreement in the name of the Parent or otherwise and any act or proceeding by any provision of this Agreement agreement required to be done or performed by the board of directors of the Parent or any officers of the Parent may be done and performed with like force and effect by the directors or officers of such the Parent Successor.
Appears in 1 contract
Samples: Voting, Support and Exchange Trust Agreement (Voice Mobility International Inc)
Vesting of Powers in Successor. Whenever the conditions of Section 11.1 hereof have been duly observed and performed, the Trustee, if required by Section 11.1 hereof, the Trustee, the Parent Successor and the Purchaser Corporation shall execute and deliver the supplemental Agreement trust agreement provided for in Article 12 hereof and thereupon the Parent Successor shall possess and from time to time may exercise each and every right and power of the Parent under this Agreement trust agreement in the name of the Parent or otherwise and any act or proceeding by any provision of this Agreement trust agreement required to be done or performed by the board Parent Board of directors of Parent Directors or any officers of the Parent may be done and performed with like force and effect by the directors or officers of such the Parent Successor.
Appears in 1 contract
Samples: Voting, Support and Exchange Trust Agreement (Veritas Software Corp /De/)
Vesting of Powers in Successor. Whenever the conditions of Section 11.1 12.1 hereof have been duly observed and performed, the Trustee, if required by Section 11.1 12.1 hereof, the Parent Successor and the Purchaser shall execute and deliver the supplemental Agreement provided for in Article 12 13 and thereupon the Parent Successor shall possess and from time to time may exercise each and every right and power of the Parent under this Agreement in the name of the Parent or otherwise and any act or proceeding by any provision of this Agreement required to be done or performed by the board of directors of Parent or any officers of the Parent may be done and performed with like force and effect by the directors or officers of such the Parent Successor.
Appears in 1 contract
Samples: Share Exchange and Share Purchase Agreement (Sierra Gigante Resources Inc)
Vesting of Powers in Successor. Whenever the conditions of Section 11.1 hereof ?10.1 have been duly observed and performed, the Trusteeparties, if required by Section 11.1 hereof?10.1, the Parent Successor and the Purchaser shall execute and deliver the supplemental Agreement trust agreement provided for in ?Article 12 11 and thereupon the Parent Successor and such other person that may then be the issuer of the Parent Shares shall possess and from time to time may exercise each and every right and power of the Parent under this Agreement in the name of the Parent or otherwise and any act or proceeding by any provision of this Agreement required to be done or performed by the board of directors of the Parent or any officers of the Parent may be done and performed with like force and effect by the directors or officers of such the Parent Successor.
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (Biotricity Inc.)
Vesting of Powers in Successor. Whenever the conditions of Section 11.1 hereof 10.1 have been duly observed and performed, the Trusteeparties, if required by Section 11.1 hereof10.1, the Parent Successor and the Purchaser shall execute and deliver the supplemental Agreement trust agreement provided for in Article 12 11 and thereupon the Parent Successor and such other person that may then be the issuer of the Parent Shares shall possess and from time to time may exercise each and every right and power of the Parent under this Agreement in the name of the Parent or otherwise and any act or proceeding by any provision of this Agreement required to be done or performed by the board of directors of the Parent or any officers of the Parent may be done and performed with like force and effect by the directors or officers of such the Parent Successor.
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (DelMar Pharmaceuticals, Inc.)