Examples of Harmony Shares in a sentence
The Harmony Shares delivered to the Escrow Agent pursuant to this Section 2 are herein referred to in the aggregate as the “Escrow Fund.” The Escrow Fund shall represent the sole remedy of Harmony and any Indemnified Party for Indemnification Claims (defined below).
Pursuant to Section 2.8 of the Merger Agreement, Harmony is delivering, or causing to be delivered, to the Escrow Agent, 2,954,712 Harmony Shares, subject to the terms and conditions of the Merger Agreement, which shall be allocated among the Owners in accordance with the allocation set forth on Schedule 2 attached hereto (the “Escrow Amount”).
Shares or enter into any agreement in respect of any votes attached to his Harmony Shares or enter into any derivative transaction in respect of his Harmony Shares.
The “Escrow Period” shall mean the period of time from and after the Closing and continuing until the later of (i) the date that is one (1) year after the Closing, and (ii) the date of the release of any Harmony Shares in the Pending Claims Reserve provided in Section 5 hereunder.
This Letter of Transmittal is to be completed by stockholders of Harmony either if Harmony Share certificates are to be forwarded herewith or, unless an Agent's Message is utilized, if delivery of Harmony Shares is to be made by book-entry transfer pursuant to the procedures set forth herein and in "The Offer-Procedure for tendering" of the Prospectus.
We are the holder of record of Harmony Shares held for your account.
The Eligible Institution that completes this form must communicate the guarantee to the Exchange Agent and must deliver the Letter of Transmittal and certificates for Harmony Shares to the Exchange Agent within the time period shown herein.
The enclosed Letter of Transmittal is furnished to you for your information only and cannot be used by you to tender Harmony Shares held by us for your account.
A tender of such Harmony Shares can be made only by us as the holder of record and pursuant to your instructions.
This will instruct you to tender the number of Harmony Shares indicated below (or if no number is indicated below, all Harmony Shares) held by you for the account of the undersigned, upon the terms and subject to the conditions set forth in the Offer.