Common use of Extinction of Rights Clause in Contracts

Extinction of Rights. If, following the Effective Times, any former Company Shareholder fails to deliver to the Depositary the certificates, documents or instruments required to be delivered to the Depositary under Section 4.1 or Section 4.2 in order for such former Company Shareholder to receive the Consideration which such former holder is entitled to receive pursuant to Section 2.3, on or before the second anniversary of the Effective Date on the second anniversary of the Effective Date (i) such former holder will be deemed to have donated and forfeited to the Purchaser or its successor any Consideration held by the Depositary in trust for such former holder to which such former holder is entitled and (ii) any certificate representing Company Shares formerly held by such former holder will cease to represent a claim of any nature whatsoever and will be deemed to have been surrendered to the Purchaser and will be cancelled. Neither the Company nor the Purchaser, or any of their respective successors, will be liable to any person in respect of any Consideration (including any consideration previously held by the Depositary in trust for such former holder) which is forfeited to the Company or the Purchaser or delivered to any public official pursuant to any applicable abandoned property, escheat or similar law.

Extinction of Rights. If, following the Effective Times, If any former Company Former Correvio Shareholder fails to deliver to the Depositary the certificates, documents or instruments required to be delivered to the Depositary under Section 4.1 5.1 or Section 4.2 5.2 in order for such former Company Former Correvio Shareholder to receive the Consideration which such former holder is entitled to receive pursuant to Section 2.33.1, on or before the second sixth anniversary of the Effective Date Date, on the second sixth anniversary of the Effective Date (i) such former holder will be deemed to have donated and forfeited to the Purchaser or its successor successors, any Consideration held by the Depositary in trust for such former holder to which such former holder is entitled and (ii) any certificate representing Company Correvio Shares formerly held by such former holder will cease to represent a claim of any nature whatsoever and will be deemed to have been surrendered to the Purchaser Xxxxxxxx and will be cancelled. Neither the Company Correvio nor the Purchaser, or any of their respective successors, will be liable to any person in respect of any Consideration (including any consideration previously held by the Depositary in trust for any such former holder) which is forfeited to the Company Correvio or the Purchaser or delivered to any public official pursuant to any applicable abandoned property, escheat or similar law.

Extinction of Rights. If, following the Effective Times, If any former Former Company Shareholder fails to deliver to the Depositary the certificates, documents or instruments required to be delivered to the Depositary under Section 4.1 or Section 4.2 in order for such former Former Company Shareholder to receive the Consideration which such former holder is entitled to receive pursuant to Section 2.3, on or before the second sixth anniversary of the Effective Date Date, on the second sixth anniversary of the Effective Date (i) such former holder will be deemed to have donated and forfeited to the Purchaser or its successor any Consideration held by the Depositary in trust for such former holder to which such former holder is entitled and (ii) any certificate representing Company Shares formerly held by such former holder will cease to represent a claim of any nature whatsoever and will be deemed to have been surrendered to the Purchaser and will be cancelled. Neither the Company nor the Purchaser, or any of their respective successors, will be liable to any person in respect of any Share Consideration (including any consideration previously held by the Depositary in trust for any such former holder) which is forfeited to the Company or the Purchaser or delivered to any public official pursuant to any applicable abandoned property, escheat or similar law.

Extinction of Rights. If, following the Effective Times, If any former Company Former Fission Shareholder fails to deliver to the Depositary the certificates, documents or instruments required to be delivered to the Depositary under Section 4.1 6.1 or Section 4.2 6.2 in order for such former Company Former Fission Shareholder to receive the Consideration which such former holder is entitled to receive pursuant to Section 2.33.1, on or before the second sixth anniversary of the Effective Date Date, on the second sixth anniversary of the Effective Date (i) such former holder will be deemed to have donated and forfeited to the Purchaser Xxxxxxx or its successor successors, any Consideration held by the Depositary in trust for such former holder to which such former holder is entitled and (ii) any certificate representing Company Fission Shares formerly held by such former holder will cease to represent a claim of any nature whatsoever and will be deemed to have been surrendered to the Purchaser Xxxxxxx and will be cancelled. Neither the Company nor the PurchaserNone of Fission or Xxxxxxx, or any of their respective successors, will be liable to any person in respect of any Consideration (including any consideration previously held by the Depositary in trust for any such former holder) which is forfeited to the Company Fission or the Purchaser Xxxxxxx or delivered to any public official pursuant to any applicable abandoned property, escheat or similar law.

Extinction of Rights. If, following the Effective Times, (a) If any former Former Company Shareholder fails to deliver to the Depositary the certificates, documents or instruments required to be delivered to the Depositary under Section 4.1 5.1 or Section 4.2 5.2 in order for such former Former Company Shareholder to receive the Consideration which such former holder is entitled to receive pursuant to Section 2.33.1, on or before the second sixth anniversary of the Effective Date Date, on the second sixth anniversary of the Effective Date (i) such former holder will be deemed to have donated and forfeited to the Purchaser or its successor any Consideration held by the Depositary in trust for such former holder to which such former holder is entitled and (ii) any certificate representing Company Shares formerly held by such former holder will cease to represent a claim of any nature whatsoever and will be deemed to have been surrendered to the Purchaser and will be cancelled. Neither the Company nor the Purchaser, or any of their respective successors, will be liable to any person in respect of any Consideration (including any consideration previously held by the Depositary in trust for any such former holder) which is forfeited to the Company or the Purchaser or delivered to any public official pursuant to any applicable abandoned property, escheat or similar law.

Extinction of Rights. If, following the Effective Times, If any former Company Former Correvio Shareholder fails to deliver to the Depositary the certificates, documents or instruments required to be delivered to the Depositary under Section 4.1 5.1 or Section 4.2 5.2 in order for such former Company Former Correvio Shareholder to receive the Consideration which such former holder is entitled to receive pursuant to Section 2.33.1, on or before the second sixth anniversary of the Effective Date Date, on the second sixth anniversary of the Effective Date (i) such former holder will be deemed to have donated and forfeited to the Purchaser or its successor successors, any Consideration held by the Depositary in trust for such former holder to which such former holder is entitled and (ii) any certificate representing Company Correvio Shares formerly held by such former holder will cease to represent a claim of any nature whatsoever and will be deemed to have been surrendered to the Purchaser Correvio and will be cancelled. Neither the Company Correvio nor the Purchaser, or any of their respective successors, will be liable to any person in respect of any Consideration (including any consideration previously held by the Depositary in trust for any such former holder) which is forfeited to the Company Correvio or the Purchaser or delivered to any public official pursuant to any applicable abandoned property, escheat or similar law.