Investment of Payment Fund. The Paying Agent shall invest any cash included in the Payment Fund, as directed by Xxxxxx; provided that no such investment or loss thereon shall affect the amounts payable to holders of Book-Entry Shares and Certificated Shares pursuant to this Article III, and following any losses from any such investment, Parent shall promptly provide additional funds to the Paying Agent for the benefit of the holders of shares of Common Stock and Preferred Stock at the Effective Time in the amount of such losses, which additional funds will be deemed to be part of the Payment Fund. Any interest or other income resulting from such investments shall be paid to Parent, upon demand.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Battalion Oil Corp), Agreement and Plan of Merger (Battalion Oil Corp)
Investment of Payment Fund. The Paying Agent shall invest any cash included in the Payment Fund, Fund as directed by XxxxxxParent; provided that no such investment or loss thereon shall affect the amounts payable to holders of Certificates or Book-Entry Shares and Certificated Shares pursuant to this Article IIIII, and following any losses from any such investment, Parent shall promptly provide additional funds to the Paying Agent for the benefit of the holders of shares of Company Common Stock and Preferred Stock at the Effective Time in the amount of such losses, which additional funds will be deemed to be part of the Payment Fund. Any interest or other income resulting from such investments shall be paid to Parent, upon demand.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Sherwin Williams Co), Agreement and Plan of Merger (Valspar Corp)
Investment of Payment Fund. The Paying Agent shall invest any cash included in the Payment Fund, as directed by XxxxxxParent; provided that no such investment or loss thereon shall affect the amounts payable to holders of Certificates or Book-Entry Shares and Certificated Shares pursuant to this Article III, and following any losses from any such investment, Parent shall promptly provide additional funds to the Paying Agent for the benefit of the holders of shares of Common Stock and Preferred Stock at the Effective Time in the amount of such losses, which additional funds will be deemed to be part of the Payment Fund. Any interest or other income resulting from such investments shall be paid to Parent, upon demand.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Tech Data Corp), Agreement and Plan of Merger (Presidio, Inc.)
Investment of Payment Fund. The Paying Agent shall invest any cash included in the Payment Fund, as directed by Xxxxxx; Parent, provided that no such investment or loss thereon shall affect the amounts payable to holders of Certificates or Book-Entry Shares and Certificated Shares pursuant to this Article III, and following any losses from any such investment, Parent shall promptly provide additional funds to the Paying Agent for the benefit of the holders of shares of Common Stock and Preferred Stock at the Effective Time in the amount of such losses, which additional funds will be deemed to be part of the Payment Fund. Any interest or other income resulting from such investments shall be paid to Parent, upon demand.
Appears in 1 contract
Investment of Payment Fund. The Paying Agent shall invest any cash included in the Payment Fund, as directed by XxxxxxParent; provided that no such investment or loss thereon shall affect the amounts payable to holders of Certificates or Book-Entry Shares and Certificated Shares pursuant to this Article III, and following any losses from any such investment, Parent the Surviving Corporation shall promptly provide additional funds to the Paying Agent for the benefit of the holders of shares of Common Stock and Preferred Stock at the Effective Time in the amount of such losses, which additional funds will be deemed to be part of the Payment Fund. Any interest or other income resulting from such investments shall be paid to Parent, upon demand.
Appears in 1 contract
Investment of Payment Fund. The Paying Agent shall invest any cash included in the Payment Fund, Fund as directed by XxxxxxParent; provided provided, that no such investment or loss thereon shall affect the amounts payable to holders of Certificates or Book-Entry Shares and Certificated Shares pursuant to this Article IIIII, and following any losses from any such investment, Parent shall promptly provide additional funds to the Paying Agent for the benefit of the holders of shares of Company Common Stock and Preferred Stock at the Effective Time in the amount of such losses, which additional funds will be deemed to be part of the Payment Fund. Any interest or other income resulting from such investments shall be paid to Parent, upon demand.
Appears in 1 contract
