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; provided, however, that no such investment or loss thereon shall affect the amounts payable to holders of the Company’s securities pursuant to this 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 holders of the Company’s securities pursuant to this Article I shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Paying Agent shall invest any cash included in the Exchange Fund as directed by Parent; provided, however, provided that no such investment or loss thereon shall affect the amounts payable to holders former stockholders of the Company’s securities Company after the Effective Time pursuant to this Article I. 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 to holders of the Company’s securities pursuant to this Article I III shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Paying Agent shall invest any cash included in the Exchange Fund as directed by Parent; provided, however, that no such investment or loss thereon shall affect the amounts payable to holders of the Company’s securities pursuant to this Article I. . Any interest and other income resulting from such investments shall be paid to Parent. No investment shall become a part of loss or other loss incurred by the Exchange Fund, and any amounts in excess of Fund shall affect the amounts Merger Consideration payable to holders of the Company’s securities pursuant to this Article I III, and if such loss is realized Parent shall promptly be paid deposit cash into the Exchange Fund to Parentthe extent necessary to satisfy the payment obligations set forth in this Article III.

Investment of Exchange Fund. The Exchange Paying Agent shall invest any the cash included in the Exchange Fund as directed by Parent; provided, however, that no such investment income or gain or loss thereon shall affect the amounts payable to holders of the Company’s securities pursuant to this Article I. Shares. Any interest and other income resulting from such investment investments shall become a be the sole and exclusive property of Parent payable to Parent upon its request, and no part of such earnings shall accrue to the Exchange Fund, and any amounts in excess benefit of the amounts payable to holders of the Company’s securities pursuant to this Article I shall promptly be paid to ParentShares.

Investment of Exchange Fund. The Exchange Paying Agent shall invest any cash included in the Exchange Fund as directed by Parent; provided, however, provided that no such investment or loss thereon shall affect the amounts payable to holders stockholders of the Company’s securities Surviving Entity or former stockholders of the Company after the Effective Time pursuant to this Article I. 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 to holders of the Company’s securities pursuant to this Article I III shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund if and as directed by Parent; provided, however, provided that no such investment gain or loss thereon shall affect the amounts payable to the holders of shares of Company Common Stock following consummation of the Company’s securities Merger pursuant to this Article I. Any II and Parent shall take all actions necessary to ensure that the Exchange Fund includes at all times cash sufficient to satisfy Parent’s obligations under this Article II. Subject to Parent’s obligations pursuant to this Article II, any interest and or other income resulting from such investment investments 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 I shall promptly be paid to Parent, upon demand.

Investment of Exchange Fund. The Exchange Paying Agent shall invest any the cash included in the Exchange Fund as directed by Parent; provided, however, that no such investment or loss thereon shall affect the amounts payable to holders of the Company’s securities pursuant to this Article I. . Any interest and other income resulting from such investments shall be paid solely to Parent. No investment shall become a part losses resulting from investment of the Exchange Fund, and Fund shall diminish the rights of any amounts in excess holder of Certificates or Book-Entry Shares to receive the amounts payable to holders of the Company’s securities pursuant to this Article I shall promptly be paid to ParentMerger Consideration as provided herein.

Investment of Exchange Fund. The Exchange Paying Agent shall invest any the cash included in the Exchange Fund as directed by Parent; provided, however, that no such investment or loss thereon shall affect the amounts payable to holders of the Company’s securities pursuant to this Article I. . 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 to holders of the Company’s securities pursuant to this Article I shall promptly be paid to and be income of Parent. If for any reason (including losses) the cash in the Exchange Fund shall be insufficient to fully satisfy all of the payment obligations to be made in cash by the Paying Agent hereunder, Parent shall promptly deposit cash into the Exchange Fund in an amount which is equal to the deficiency in the amount of cash required to fully satisfy such cash payment obligations.

Investment of Exchange Fund. The Exchange Paying Agent shall invest any cash included in the Exchange Fund as directed by Parent; provided, however, that no such investment or loss thereon shall affect the amounts payable to holders of the Company’s securities pursuant to this Article I. 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 I II shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund if and as directed by Parent; provided, however, provided that no such investment gain or loss thereon shall affect the amounts payable to the holders of shares of Company Common Stock following consummation of the Company’s securities Merger pursuant to this Article I. Any II and Parent shall take all actions necessary to ensure that the Exchange Fund includes at all times cash sufficient to satisfy Parent's obligations under this Article II. Subject to Parent's obligations pursuant to this Article II, any interest and or other income resulting from such investment investments 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 I shall promptly be paid to Parent, upon demand.

Investment of Exchange Fund. The Exchange Paying Agent shall invest any the cash included in the Exchange Fund as directed by Parent; provided, however, provided that no such investment or loss thereon shall affect the amounts payable to holders of the Company’s securities Company stockholders pursuant to this 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 holders of the Company’s securities Company stockholders pursuant to this 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; provided, however, that no such investment or loss thereon shall affect the amounts payable to holders of the Company’s securities pursuant to this Article I. . Any interest and other income resulting from such investments shall be paid to Parent; provided, however, that no investment of the Exchange Fund shall become a relieve Parent or the Exchange Agent from promptly making the payments required by this ‎Article 2, and following any losses from any such investment, Parent shall promptly provide additional cash funds to the Exchange Agent for the benefit of the holders of shares of Company Common Stock at the Effective Time in the amount of such losses, which additional funds will be deemed to be 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 I shall promptly be paid to Parent.

Investment of Exchange Fund. The Exchange Paying Agent shall invest any the cash included in the Exchange Fund as directed by Parent; provided, however, that no such investment or loss thereon shall affect the amounts payable to holders of the Company’s securities pursuant to this Article I. . Any interest and other income resulting from such investments shall be paid solely to Parent. Nothing contained herein and no investment shall become a part losses resulting from investment of the Exchange Fund, and Fund shall diminish the rights of any amounts in excess holder of Certificates to receipt of the amounts payable to holders of the Company’s securities pursuant to this Article I shall promptly be paid to ParentMerger Consideration as provided herein.