Examples of OMX Shares in a sentence
Section 2.02(b) is hereby amended and restated in its entirety as follows: “Nasdaq shall cause Bank of America, National Association to pay to HSBC Bank plc, for the account of Borse Dubai, by wire transfer of immediately available funds, an amount in cash equal to (x) SEK 265 multiplied by (y) the number of OMX Shares delivered or caused to be delivered by Borse Dubai to Nasdaq at such Secondary Closing.
At the Effective Time, Merger Sub shall deposit with the Exchange Agent, for the benefit of the holders of NYSE Euronext Shares immediately prior to the Effective Time, the cash, NASDAQ OMX Shares and ICE Shares contributed to Merger Sub pursuant to Section 4.13.
The NASDAQ OMX Shares and ICE Shares constituting the NASDAQ OMX Stock Consideration and the ICE Stock Consideration, respectively, at NASDAQ OMX and ICE’s option, as the case may be, shall be in uncertificated book-entry form, unless a physical certificate is otherwise required under applicable Law.
All of the outstanding NASDAQ OMX Shares have been duly authorized and are validly issued, fully paid and non-assessable.
The NASDAQ OMX Shares comprising the NASDAQ OMX Stock Consideration to be issued in the Merger and such other shares to be reserved for issuance in connection with the Merger shall have been approved for listing on the NASDAQ, subject to official notice of issuance.
No dividends or other distributions in respect of the NASDAQ OMX Shares or the ICE Shares shall be paid to any holder of any Book-Entry Interests until the instructions for transfer and cancellation provided in this Article II and in accordance with the terms of the Transmittal Letter, and such other documents as may reasonably be required by the Exchange Agent pursuant to Section 2.1(a), have been delivered to the Exchange Agent.
All NASDAQ OMX Shares, ICE Shares, cash, dividends and distributions deposited with the Exchange Agent pursuant to this Section 2.1 shall hereinafter be referred to as the “Exchange Fund”.
NASDAQ OMX shall use its reasonable best efforts to cause the NASDAQ OMX Shares attributable to the NASDAQ OMX Stock Consideration and to be issued pursuant to this Agreement and the NASDAQ OMX Shares to be reserved for issuance upon exercise or settlement of options to be approved for listing on the NASDAQ, subject to official notice of issuance, prior to the Closing Date.
Any portion of the Exchange Fund that remains unclaimed by the former stockholders of NYSE Euronext for 180 days after the Effective Time shall be delivered to NASDAQ OMX and ICE, as follows: (i) all remaining NASDAQ OMX Shares to NASDAQ OMX, (ii) all remaining ICE Shares to ICE and (iii) [—]% of the remaining aggregate Cash Consideration to NASDAQ OMX and [—]% of the remaining aggregate Cash Consideration to ICE.
The authorized capital stock of NASDAQ OMX consists of 300,000,000 NASDAQ OMX Shares, of which [—] NASDAQ OMX Shares were outstanding at the close of business on [ ], 2011, and 30,000,000 shares of NASDAQ OMX Preferred Stock, par value $0.01 per share (the “NASDAQ OMX Preferred Stock”), of which none are outstanding as of the date hereof.