Common use of Investment of Exchange Fund Clause in Contracts

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund as directed by Parent on a daily basis; provided that no such investment or loss thereon shall affect the amounts payable to former stockholders of the Company after the Effective Time pursuant to this Article II. Any interest and other income resulting from such investment shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable pursuant to this Article II shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund Fund, as directed by Parent in a manner consistent with Parent's investment of its own funds, on a daily basis; provided that no such investment or loss thereon shall affect the amounts payable to former stockholders of the Company after the Effective Time pursuant to this Article II. Any interest and other income resulting from such investment investments shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable pursuant to this Article II shall promptly be paid to Parent. In the event the Exchange Fund shall realize a loss on any such investment, Parent shall promptly thereafter deposit, or cause to be deposited, in such Exchange Fund on behalf of the Surviving Corporation cash in an amount equal to such loss.

Investment of Exchange Fund. The Exchange Agent shall invest any the cash included in the Exchange Fund as directed in a money market deposit account selected by Parent on a daily basis; provided that no such investment or loss thereon shall affect prior to the amounts payable to former stockholders of the Company after the Effective Time pursuant to this Article IIClosing. Any interest and other income resulting from such investment investments shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable pursuant to this Article II shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund as directed by Parent on a daily basis; basis provided that no such investment or loss thereon shall affect the amounts payable to former stockholders of the Company Xxxxxx after the Effective Time pursuant to this Article II. Any interest and other income resulting from such investment shall become a part of the Exchange Fund, Fund and any amounts in excess of the amounts payable pursuant to this Article II shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund as directed by Parent on a daily basis; provided that no such investment or loss thereon shall affect the amounts payable to former Company stockholders of the Company after the Effective Time pursuant to this Article II. I. Any interest and other income resulting from such investment shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to Company stockholders pursuant to this Article II I shall promptly be paid to ParentParent as soon as practicable at the end of each calendar month.

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund as directed by Parent on a daily basis; provided , provided, that no such investment or loss thereon shall affect the amounts payable to former stockholders shareholders of the Company after the Effective Time pursuant to this Article II. Any interest and other income resulting from such investment shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable pursuant to this Article II shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Agent shall may invest any cash included in the Exchange Fund in deposit accounts or short-term money market instruments, as directed by Parent the Parent, on a daily basis; provided that no such investment or loss thereon shall affect the amounts payable to former stockholders of the Company after the Effective Time pursuant to this Article II. Any interest and other income resulting from such investment investments shall become a be paid to the Parent. The Parent shall deposit with the Exchange Agent as part of the Exchange Fund, and Fund cash in an amount equal to any amounts in excess loss of principal resulting from such investments promptly after the amounts payable pursuant to this Article II shall promptly be paid to Parentincurrence of such a loss.

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund as directed by Parent on a daily basisParent; provided provided, however, that no such investment or loss thereon shall affect the amounts payable to former stockholders holders of the Company after the Effective Time Company’s securities pursuant to this Article II. Any interest and other income resulting from such investment shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to holders of the Company’s securities pursuant to this Article II shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Agent shall invest any the cash included in the Exchange Fund as directed by Parent in direct obligations of the U.S. Treasury or otherwise with the consent of the Company (which consent shall not be unreasonably withheld or delayed), on a daily basis; provided that no such investment or loss thereon shall affect the amounts payable to former Company stockholders of the Company after the Effective Time pursuant to this Article II. Any interest and other income resulting from such investment shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to Company stockholders pursuant to this Article II shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund as directed by Parent on a daily basis; provided that no such investment or loss thereon shall affect the amounts payable to former Company stockholders of the Company after the Effective Time pursuant to this Article II. I. Any interest and other income resulting from such investment shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to Company stockholders pursuant to this Article II I shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund as directed by Parent on a daily basis; provided that no such investment or loss thereon shall affect the amounts payable to former stockholders of the Company after the Effective Time pursuant to this Article IIARTICLE III. Any interest and other income resulting from such investment shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable pursuant to this Article II ARTICLE III shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Agent shall invest any the cash included in the Exchange Fund as directed by Parent on a daily basis; provided that no such investment or loss thereon shall affect the amounts payable to former Company stockholders of the Company after the Effective Time pursuant to this Article II. I. Any interest and other income resulting from such investment shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to Company stockholders pursuant to this Article II I shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Agent shall invest any the cash included in the Exchange Fund as directed by Parent on a daily basis; provided provided, however, that no such investment or loss thereon shall affect the amounts payable to former stockholders holders of the Company after the Effective Time Certificates pursuant to this Article IISection 1.8. Any interest and other income resulting from such investment shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to holders of Certificates pursuant to this Article II Section 1.8 shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund as directed by Parent on a daily basisParent; provided provided, however, that no such investment or loss thereon shall affect the amounts payable to former stockholders of the Company after the Effective Time Securityholders pursuant to this Article ARTICLE II. Any interest and other income resulting from such investment shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to Company Securityholders pursuant to this Article ARTICLE II shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund Fund, as directed by Parent Parent, on a daily basis; provided that no such investment or loss thereon shall affect the amounts payable to former stockholders of the Company after the Effective Time pursuant to this Article II. Any interest and other income resulting from such investment investments shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable pursuant to this Article II shall promptly be paid to Parent and Newco on a pro rata basis based upon the amount of cash deposited into the Exchange Fund by Parent, on the one hand, and the Company and Newco, on the other hand.

Investment of Exchange Fund. The Exchange Agent shall invest any the cash included in the Exchange Fund as directed by Parent on a daily basis; provided that no such investment or loss thereon shall affect the amounts payable to former stockholders holders of the Company after the Effective Time Common Stock, Company Preferred Stock, Company Warrants or Company Options pursuant to this Article II. Any interest and other income resulting from such investment shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to holders of Company Common Stock, Company Preferred Stock, Company Warrants or Company Options pursuant to this Article II shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Agent shall invest any all cash included in the Exchange Fund as reasonably directed by Parent on a daily basisParent; provided PROVIDED, HOWEVER, that no such investment or loss thereon shall affect the amounts payable to former stockholders holders of the Company after the Effective Time Certificates or Book-Entry Shares pursuant to this Article II. Any interest and other income resulting from such investment investments shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable pursuant to this Article II shall promptly be paid to Parentthe Surviving Corporation pursuant to Section 2.2(d).

Investment of Exchange Fund. The Exchange Agent shall invest any the cash included in the Exchange Fund as directed by Parent on a daily basis; provided provided, however, that no if any such investment or loss thereon shall affect the amounts payable to former stockholders of the Company after the Effective Time Stockholders pursuant to this Article IISection 1.6 hereof, Parent shall pay in cash the full amount of such shortfall. Any interest and other income resulting from such investment shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to the Stockholders pursuant to this Article II Section 1.6 hereof shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund in investment-grade securities, as directed by Parent New Parent, on a daily basis; provided provided, however, that no such investment or loss thereon shall affect the amounts payable to former stockholders shareholders of the Company Xxxxxx or Galileo after the Effective Time pursuant to this Article II. Any interest and other income resulting from such investment investments shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable pursuant to this Article II shall promptly be paid to New Parent.

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund as directed by Parent on a daily basis; provided that PROVIDED THAT no such investment or loss thereon shall affect the amounts payable to former Company stockholders of the Company after the Effective Time pursuant to this Article II. I. Any interest and other income resulting from such investment shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to Company stockholders pursuant to this Article II I shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Agent shall invest any the cash included in the Exchange Fund as directed by Parent on a daily basis; provided provided, however, that no such investment or loss thereon shall affect the amounts payable to former Company stockholders of the Company after the Effective Time pursuant to this Article II. I. Any interest and other income resulting from such investment shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to Company stockholders pursuant to this Article II I shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Paying Agent shall invest any cash included in the Exchange Fund Fund, as directed by Parent Parent, on a daily basis; provided that no such investment or loss thereon shall affect the amounts payable to former stockholders of the Company after the Effective Time pursuant to this Article II. Any net profit resulting from, or interest and other or income resulting from produced by, such investment investments shall become a part of be held in the Exchange Fund, and . The Exchange Fund shall not be used for any amounts other purpose except as provided in excess of the amounts payable pursuant to this Article II shall promptly be paid to ParentAgreement.

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund Fund, as directed by Parent Parent, on a daily basis; , provided that no such investment or loss thereon shall affect the amounts payable to former stockholders or the timing of the Company after the Effective Time amounts payable pursuant to the provisions of this Article II. Any interest and other income resulting from such investment investments shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable pursuant to this Article II shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund Fund, as directed by Parent Parent, on a daily basis; provided that no such investment or loss thereon shall affect the amounts payable to former stockholders of the Company after the Effective Time pursuant to this Article II. Any interest and other income resulting from such investment investments shall become a part be paid to Parent upon termination of the Exchange Fund, and any amounts Fund pursuant to Section 2.3(e). In the event the cash in excess the Exchange Fund shall be insufficient to fully satisfy all of the amounts payable pursuant payment obligations to this Article II be made by the Exchange Agent hereunder, then Parent shall promptly be paid deposit cash into the Exchange Fund in an amount which is equal to Parent.the deficiency in the amount of cash required to fully satisfy such payment obligations. (h)

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund Fund, as directed by Parent Parent, on a daily basis; provided that no such investment or loss thereon shall affect the amounts payable to former stockholders of the Company after the Effective Time pursuant to this Article II. Any interest and other income resulting from such investment investments shall become a part be paid to Parent upon termination of the Exchange Fund, and any amounts Fund pursuant to Section 2.3(e). In the event the cash in excess the Exchange Fund shall be insufficient to fully satisfy all of the amounts payable pursuant payment obligations to this Article II be made by the Exchange Agent hereunder, then Parent shall promptly be paid deposit cash into the Exchange Fund in an amount which is equal to Parentthe deficiency in the amount of cash required to fully satisfy such payment obligations.

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund as directed by Parent on a daily basis; basis provided that no such investment or loss thereon shall affect the amounts payable to former stockholders of the Company after the Effective Time pursuant to this Article IIIII. Any interest and other income resulting from such investment shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable pursuant to this Article II III shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund Fund, as directed by Parent (but subject to the approval of the Company (prior to the Effective Time) or the Stockholders' Representatives (following the Effective Time), not to be unreasonably withheld or delayed), on a daily basis; provided that no such investment or loss thereon shall affect the amounts payable to former stockholders of the Company after the Effective Time pursuant to this Article II. Any interest and other income resulting from such investment investments shall become a part be paid to Parent upon termination of the Exchange Fund, and any amounts in excess of the amounts payable Fund pursuant to this Article II shall promptly be paid to ParentSection 1.7(e).

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund as directed by the Parent on a daily basis; provided that no such investment or loss thereon shall affect the amounts payable to former stockholders of the Company after the Effective Time pursuant to this Article II. I. Any interest and other income resulting from such investment shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to stockholders of the Company pursuant to this Article II I shall promptly be paid to the Parent.

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund as directed by Parent on a daily basis; provided PROVIDED, that no such investment or loss thereon shall affect be held in the amounts payable to former stockholders form of obligations of the Company after the Effective Time pursuant to this Article IIUnited States government or any agency or instrumentality thereof, investment-grade obligations of United States corporations or obligations of banks or trust companies whose capital and surplus exceeds $100,000,000, in each case having remaining maturities of no greater than three months. Any interest and other income resulting from such investment investments shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable pursuant to this Article II shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Agent shall invest any --------------------------- cash included in the Exchange Fund Fund, as directed by Parent Parent, on a daily basis; , provided that no such investment or loss thereon shall affect the amounts payable to former stockholders or the timing of the Company after the Effective Time amounts payable pursuant to the provisions of this Article II. Any interest and other income resulting from such investment investments shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable pursuant to this Article II shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Agent shall invest any the cash included in the Exchange Fund as directed by Parent on a daily basis; provided provided, however, that no such investment or loss thereon shall affect the amounts payable to former Company stockholders of the Company after the Effective Time pursuant to this Article II. ARTICLE I. Any interest and other income resulting from such investment shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to Company stockholders pursuant to this Article II ARTICLE I shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund as directed by Parent on a daily basisParent; provided provided, however, that no such investment or loss thereon shall affect the amounts payable to former stockholders of the Company after the Effective Time Securityholders pursuant to this Article II. Any interest and other income resulting from such investment shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to Company Securityholders pursuant to this Article II shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund as directed by Parent on a daily basis; provided that no such investment or loss thereon shall affect the amounts payable to former stockholders of the Company after the Effective Time shareholders pursuant to this Article II. I. Any interest and other income resulting from such investment shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to Company shareholders pursuant to this Article II I shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund as directed by Parent on a daily basis; provided that no such investment or loss thereon shall affect the amounts payable to former Company stockholders of the Company after the Effective Time pursuant to this Article II. I. Any interest and other income resulting from such investment shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to Company stockholders pursuant to this Article II I shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Agent shall invest any the cash included in the Exchange Fund as directed by Parent on a daily basis; provided that no such investment or loss thereon shall affect the amounts payable to former stockholders holders of the shares of Company after the Effective Time Common Stock pursuant to this Article II. I. Any interest and other income resulting from such investment shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to the holders of shares of Company Common Stock pursuant to this Article II I shall promptly be paid to Parent.