Cancellation of Shares. Each Excluded Share shall, by virtue of the Merger and without any action on the part of the holder thereof, cease to be outstanding, shall be cancelled without payment of any consideration therefor and shall cease to exist.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Cardinal Health Partners Lp), Agreement and Plan of Merger (Saxon Capital Inc), Agreement and Plan of Merger (Sterling Venture Partners L P)
Cancellation of Shares. Each Excluded Company Share shall, by virtue of the Merger and without any action on the part of the holder thereof, cease to no longer be outstanding, shall be cancelled and retired without payment of any consideration therefor and shall cease to exist.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Hypercom Corp), Agreement and Plan of Merger (Radiant Systems Inc), Agreement and Plan of Merger (NCR Corp)
Cancellation of Shares. Each Excluded Share shall, by virtue of the Merger and without any action on the part of the holder thereof, cease to be outstanding, shall be cancelled and retired without payment of any consideration therefor and shall cease to exist.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Vintage Petroleum Inc), Agreement and Plan of Merger (Computer Associates International Inc), Agreement and Plan of Merger (SBC Communications Inc)
Cancellation of Shares. Each Excluded Share shall, by virtue of the Merger and without any action on the part of the holder thereof, cease to be outstanding, shall be cancelled canceled and retired without payment of any consideration therefor and shall cease to exist.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (MCN Energy Group Inc), Agreement and Plan of Merger (Dte Energy Co), Agreement and Plan of Merger (Detroit Edison Co)
Cancellation of Shares. Each Excluded Share (other than any Dissenting Shares which shall receive payment as required by the DGCL) shall, by virtue of the Merger and without any action on the part of the holder thereof, cease to be outstanding, shall be cancelled and retired without payment of any consideration therefor and shall cease to exist.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Efax Com Inc), Agreement and Plan of Merger (Efax Com Inc), Agreement and Plan of Merger (Jfax Com Inc)
Cancellation of Shares. Each Excluded Company Share shallwill, by virtue of the Merger and without any action on the part of the holder thereofholder, cease to be outstanding, shall be cancelled and retired without payment of any consideration therefor and shall will cease to exist.
Appears in 3 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Black Hills Corp /Sd/), Agreement and Plan of Merger (Great Plains Energy Inc)
Cancellation of Shares. Each Subject to Section 4.3, each Excluded Share shall, by virtue of the Merger and without any action on the part of the holder thereof, cease to be outstanding, shall be cancelled without payment of any consideration therefor and shall cease to exist.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Rait Investment Trust), Agreement and Plan of Merger (Prime Resource Inc), Agreement and Plan of Merger (BBM Holdings, Inc.)
Cancellation of Shares. Each Excluded Share referred to in Section 4.1(a) shall, by virtue of the Merger and without any action on the part of the holder thereof, cease to be outstanding, shall be cancelled without payment of any consideration therefor and shall cease to exist.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (RR Donnelley & Sons Co), Agreement and Plan of Merger (Banta Corp), Agreement and Plan of Merger (Banta Corp)
Cancellation of Shares. Each At the Effective Time, each Excluded Share shallShare, by virtue of the Merger and without any action on the part of the holder thereof, cease to shall no longer be outstanding, shall be cancelled and retired without payment of any consideration therefor therefor, and shall cease to exist.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (INPHI Corp), Agreement and Plan of Merger (INPHI Corp)
Cancellation of Shares. Each of the Excluded Share Shares (other than Dissenting Shares) shall, by virtue of the Merger and without any action on the part of the holder thereofits holder, cease to be outstanding, shall be cancelled and shall cease to exist without payment of any consideration therefor and shall cease to existor distribution therefor.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (China GrenTech CORP LTD), Agreement and Plan of Merger (China GrenTech CORP LTD)
Cancellation of Shares. Each Excluded Share shall, by virtue of the Merger Merger, and without any action on the part of the holder thereof, cease to be outstanding, shall be cancelled and retired without payment of any consideration therefor and shall cease to exist.
Appears in 2 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (America West Airlines Inc)
Cancellation of Shares. Each Excluded Share issued and outstanding immediately prior to the Effective Time shall, by virtue of the Merger and without any action on the part of the holder thereof, cease to be outstanding, shall be cancelled canceled and retired without payment of any consideration therefor and shall cease to exist.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Dsi Toys Inc), Agreement and Plan of Merger (Park Pharmacy Corp)
Cancellation of Shares. Each Excluded Share shall, by ---------------------- virtue of the Merger and without any action on the part of the holder thereof, cease to be outstanding, shall be cancelled and retired without payment of any consideration therefor therefor, except as required pursuant to Section 4.4, and shall cease to exist.
Appears in 2 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Sohu Com Inc)
Cancellation of Shares. Each Excluded Share shall, by virtue of the Merger 1 and without any action on the part of the holder thereofof such Excluded Share, cease to be outstanding, shall be cancelled without payment of any consideration therefor and shall cease to exist.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Greenlane Holdings, Inc.), Agreement and Plan of Merger (KushCo Holdings, Inc.)
Cancellation of Shares. Each Excluded Share shall, by virtue of the Merger and without any action on the part of the holder thereof, cease to be outstanding, shall be automatically cancelled and retired without payment of any consideration therefor and shall cease to exist.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Interpore International Inc /De/), Agreement and Plan of Merger (Biomet Inc)
Cancellation of Shares. Each Excluded Cancelled Share shall, by virtue of the Merger and without any action on the part of the holder thereof, shall cease to be outstanding, shall be cancelled without payment of any consideration therefor and shall cease to exist.
Appears in 1 contract
Samples: Agreement and Plan of Merger (NorthStar Realty Europe Corp.)
Cancellation of Shares. Each Excluded Share shall, by virtue of the Merger and without any action on the part of the holder thereof, shall cease to be ---------------------- outstanding, shall be cancelled and retired without payment of any consideration therefor and shall cease to exist.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Applied Science & Technology Inc)
Cancellation of Shares. Each Excluded Share shall, by virtue of the Merger Amalgamation and without any action on the part of the holder thereof, cease to be outstanding, shall be cancelled canceled and retired without payment of any consideration therefor and shall cease to exist.
Appears in 1 contract
Cancellation of Shares. Each Excluded Share shall, by virtue of the Merger Merger, and without any action on the part of the holder thereof, cease to be outstanding, shall be cancelled and retired without payment of any consideration therefor and shall cease to exist. The one outstanding share of Series A Preferred Stock shall remain issued and outstanding and unaffected by the Merger.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Nasdaq Stock Market Inc)
Cancellation of Shares. Each Excluded Share shall, by virtue of the Merger and without any action on the part of the holder thereof, cease to be outstanding, shall be cancelled and retired without payment of any consideration therefor and shall cease to exist.. LA_LAN01:179306.23
Appears in 1 contract
Samples: Agreement and Plan of Merger (Occidental Petroleum Corp /De/)
Cancellation of Shares. Each Excluded Share shall, by virtue of the Merger and without any action on the part of the holder thereof, cease to be outstanding, shall be cancelled and retired without payment of any consideration considera tion therefor and shall cease to exist.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Abr Information Services Inc)
Cancellation of Shares. Each Excluded Cancelled Share shall, by virtue of the Merger and without any action on the part of the Company, Parent, Merger Sub or the holder thereof, cease to be outstanding, shall be cancelled without payment of any consideration therefor and shall cease to exist.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Coinmach Service Corp)
Cancellation of Shares. Each Excluded Share shall cease to be outstanding, shall, by virtue of the Merger and without any action on the part of the holder thereofMerger, cease to be outstanding, shall be cancelled and retired without payment of any consideration therefor and shall cease to exist.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Oerlikon Buhrle Usa Inc)
Cancellation of Shares. Each Excluded Share shall, by virtue of the Merger and without any action on the part of the holder thereof, shall cease to be outstanding, shall be cancelled and retired without payment of any consideration therefor and shall cease to exist.
Appears in 1 contract
Cancellation of Shares. Each Excluded Share shallissued and outstanding immediately prior to the Effective Time, by virtue of the Merger and without any action on the part of the holder thereof, shall cease to be outstanding, shall be cancelled canceled and retired without payment of any consideration therefor and shall cease to exist.. 4 (c)
Appears in 1 contract
Samples: Agreement and Plan of Merger (Ballard Medical Products)
