Common use of Merger Sub Common Stock Clause in Contracts

Merger Sub Common Stock. Each issued and outstanding share of Merger Sub Common Stock shall be converted into and become one fully paid and nonassessable share of common stock, par value $0.001 per share, of the Surviving Corporation.

Appears in 5 contracts

Samples: Agreement and Plan of Merger (Odyssey Healthcare Inc), Agreement and Plan of Merger (Eagle Test Systems, Inc.), Agreement and Plan of Merger (Gentiva Health Services Inc)

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Merger Sub Common Stock. Each issued and outstanding share of Merger Sub Common Stock that is issued and outstanding immediately prior to the Effective Time shall be converted into and become one fully paid and nonassessable share of common stock, $0.01 par value $0.001 per share, of the Surviving Corporation, and the Surviving Corporation shall become a wholly-owned subsidiary of Parent.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Sorensen Trust), Agreement and Plan of Merger (Ablest Inc), Agreement and Plan of Merger (Westaff Inc)

Merger Sub Common Stock. Each issued and outstanding share of Merger Sub Common Stock shall be converted into and become one validly issued, fully paid and nonassessable share of the common stock, no par value $0.001 per sharevalue, of the Surviving Corporation.

Appears in 2 contracts

Samples: Shareholder Agreement (Teledyne Technologies Inc), Shareholder Agreement (Bolt Technology Corp)

Merger Sub Common Stock. Each issued and outstanding share of Merger Sub Common Stock shall be converted into and become one validly issued, fully paid and nonassessable share of the common stock, $0.01 par value $0.001 per sharevalue, of the Surviving Corporation.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Lecroy Corp), Agreement and Plan of Merger (Teledyne Technologies Inc)

Merger Sub Common Stock. Each issued and outstanding share of Merger Sub Common Stock that is issued and outstanding immediately prior to the Effective Time shall be converted into and become one fully paid and nonassessable share of common stock, $0.01 par value $0.001 per share, of the Surviving Corporation, and the Surviving Corporation shall be a wholly-owned subsidiary of Purchaser.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Wild Oats Markets Inc), Agreement and Plan of Merger (Whole Foods Market Inc)

Merger Sub Common Stock. Each issued and outstanding share of Merger Sub Common Stock shall be converted into and become one validly issued, fully paid and nonassessable share of the common stock, par value $0.001 per share0.10, of the Surviving Corporation.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Isco Inc), Agreement and Plan of Merger (Isco Inc)

Merger Sub Common Stock. Each issued and outstanding share of Merger Sub Common Stock shall be converted into and become one fully paid and nonassessable non-assessable share of common stock, no par value $0.001 per sharevalue, of the Surviving Corporation.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Triple S Plastics Inc), Agreement and Plan of Merger (Triple S Plastics Inc)

Merger Sub Common Stock. Each issued and outstanding share of Merger Sub Common Stock shall be converted into and become one fully paid and nonassessable share of common stock, par value $0.001 per share, stock of the Surviving Corporation.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (First Consulting Group Inc), Agreement and Plan of Merger (J Net Enterprises Inc)

Merger Sub Common Stock. Each issued and outstanding share of the common stock, par value $0.001 per share, of Merger Sub Common Stock shall be converted into and become one fully paid and nonassessable share of common stock, par value $0.001 per share, stock of the Surviving Corporation.

Appears in 2 contracts

Samples: Unconditional Secured Guaranty and Pledge Agreement (Mandalay Digital Group, Inc.), Agreement and Plan of Merger (Ballard Power Systems Inc.)

Merger Sub Common Stock. Each issued and outstanding share of Merger Sub Common Stock shall be converted into and become one fully paid and nonassessable share of common stock, par value $0.001 0.01 per share, of the Surviving Corporation.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Advance America, Cash Advance Centers, Inc.)

Merger Sub Common Stock. Each share of Common Stock, par value $0.0001 per share, of Merger Sub issued and outstanding share of Merger Sub Common Stock immediately prior to the Effective Time shall be converted into and become one fully paid validly issued, fully-paid, and nonassessable non-assessable share of common stockCommon Stock, par value $0.001 0.0001 per share, share of the Surviving Corporation.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Carbonite Inc)

Merger Sub Common Stock. Each issued and outstanding share of Merger Sub Common Stock that is issued and outstanding immediately prior to the Effective Time shall be converted into and become one fully paid and nonassessable share of common stock, $0.01 par value $0.001 per share, of the Surviving Corporation, and the Surviving Corporation shall be a wholly-owned subsidiary of Parent.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Remedytemp Inc)

Merger Sub Common Stock. Each issued and outstanding share of Merger Sub Common Stock that is issued and outstanding immediately prior to the Effective Time shall be converted into and become one fully paid and nonassessable share of common stock, $0.01 par value $0.001 per share, of the Surviving Corporation, and the Surviving Corporation shall be a wholly-owned subsidiary of Holdings.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Dave & Busters Inc)

Merger Sub Common Stock. Each issued and outstanding share of ----------------------- Merger Sub Common Stock shall be converted into and become one fully paid and nonassessable non-assessable share of common stock, no par value $0.001 per sharevalue, of the Surviving Corporation.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Eimo Oyj)

Merger Sub Common Stock. Each issued and outstanding share of Merger Sub Common Stock shall be converted into and become one 71,795 fully paid and nonassessable share shares of common stock, par value $0.001 per share, stock of the Surviving Corporation.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Boardwalk Casino Inc)

Merger Sub Common Stock. Each issued and outstanding share of the common stock, par value $0.001 per share, of Merger Sub Common Stock shall be converted into and become one fully paid and nonassessable share of common stock, par value $0.001 per share, stock of the Initial Surviving Corporation.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Rentech Inc /Co/)

Merger Sub Common Stock. Each issued and outstanding share of common stock of Merger Sub Common Stock shall be converted into and become one validly issued, fully paid and nonassessable share of common stock, par value $0.001 0.00001 per share, of the Surviving Corporation and one validly issued, fully paid and nonassessable share of preferred stock, par value $0.0000l per share, of the Surviving Corporation.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Castle Dental Centers Inc)

Merger Sub Common Stock. Each issued and outstanding share of common stock of Merger Sub Common Stock shall be converted into and become one validly issued, fully paid and nonassessable share of common stock, par value $0.001 0.0l per share, of the Surviving Corporation.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Wca Waste Corp)

Merger Sub Common Stock. Each issued and outstanding share of Merger Sub Common Stock common stock shall be converted into and shall become one fully paid and nonassessable share of common stock, par value $0.001 0.01 per share, of the Surviving Corporation, so that after the Effective Time, Parent shall be the holder of all of the issued and outstanding shares of the Surviving Corporation.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Cyalume Technologies Holdings, Inc.)

Merger Sub Common Stock. Each issued and outstanding share of common stock, $0.001 par value per share, of Merger Sub Common Stock Sub, shall be converted into and become one (1) validly issued, fully paid and nonassessable non-assessable share of common stock, $0.001 par value $0.001 per share, of in the Surviving Corporation.Company;

Appears in 1 contract

Samples: Agreement and Plan of Merger (Zone Mining LTD)

Merger Sub Common Stock. Each issued and outstanding share of common stock, par value $0.01 per share, of Merger Sub Common Stock shall will be automatically converted into and become one fully paid and nonassessable non-assessable share of common stock, par value $0.001 0.01 per share, of the First Surviving Corporation.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Jarden Corp)

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Merger Sub Common Stock. Each issued and outstanding share of Merger Sub Common Stock that is issued and outstanding immediately prior to the Effective Time shall be converted into and become one fully paid and nonassessable share of common stock, $0.01 par value $0.001 per share, of the Surviving Corporation.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Ace Cash Express Inc/Tx)

Merger Sub Common Stock. Each issued and outstanding share of the Common Stock of Merger Sub Common Stock shall be converted into and become one fully paid and nonassessable non-assessable share of common stock, par value $0.001 .01 per share, of the Surviving Corporation.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Sunlink Health Systems Inc)

Merger Sub Common Stock. Each issued and outstanding share of Merger Sub Common Stock shall be converted into and become one fully paid and nonassessable share of common stock, par value $0.001 0.0001 per share, at the Effective Time shall be converted into and thereafter represent one (1) validly issued, fully paid and nonassessable unit of membership interest of the Surviving CorporationCompany, which shall then constitute all of the issued and outstanding Shares of the Surviving Company.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Intercept Inc)

Merger Sub Common Stock. Each issued and outstanding share of common stock of Merger Sub Common Stock Sub, par value $0.0001 per share, shall be converted into and become one fully paid and nonassessable share of common stock, par value $0.001 0.0001 per share, of the Surviving Corporation.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Ess Technology Inc)

Merger Sub Common Stock. Each issued and outstanding share of ----------------------- Merger Sub Common Stock shall be converted into and become one fully paid and nonassessable share of common stock, par value $0.001 per share, at the Effective Time shall be converted into and thereafter represent one validly issued, fully paid and nonassessable share of common stock, $0.0001 per share, of the Surviving Corporation, which shall then constitute all of the issued and outstanding shares of the Surviving Corporation.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Intercept Group Inc)

Merger Sub Common Stock. Each issued and outstanding share of Merger Sub Common Stock shall will be converted into and become one (1) fully paid and nonassessable share of common stock, par value $0.001 per share, stock of the Surviving Corporation.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Arena Pharmaceuticals Inc)

Merger Sub Common Stock. Each issued and outstanding share of Merger Sub Common Stock shall be converted into and become one validly issued, fully paid and nonassessable share of the common stock, $0.06 2/3 par value $0.001 per sharevalue, of the Surviving Corporation.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Benthos Inc)

Merger Sub Common Stock. Each issued and outstanding share of Merger Sub Common Stock shall be converted into and become one fully paid and nonassessable share of common stock, par value $0.001 0.01 per share, of Merger Sub shall be converted into one validly issued fully paid and non-assessable share of common stock, par value $0.01 per share, of the Surviving Corporation.

Appears in 1 contract

Samples: Agreement and Plan of Merger (PAETEC Holding Corp.)

Merger Sub Common Stock. Each issued and outstanding share of the common stock, par value $$0.0001 per share, of Merger Sub Common Stock shall be converted into and become one fully paid and nonassessable share of common stock, par value $0.001 per share, stock of the Surviving Corporation.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Demand Media Inc.)

Merger Sub Common Stock. Each issued and outstanding share of Merger Sub Common Stock shall be converted into and become one fully paid and nonassessable share of common stock, par value $0.001 .01 per share, of the Surviving Corporation.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Triangle Pacific Corp)

Merger Sub Common Stock. Each issued and outstanding share of Merger Sub Common Stock shall be converted into and become one fully paid and nonassessable share of common stock, par value $0.001 per share, of the Surviving CorporationCorporation Common Stock.

Appears in 1 contract

Samples: Escrow Agreement (Blackhawk Network Holdings, Inc)

Merger Sub Common Stock. Each issued and outstanding share of Merger Sub Common Stock that is issued and outstanding immediately prior to the Effective Time shall be converted into and become one fully paid and nonassessable non-assessable share of common stock, $0.001 par value $0.001 per share, of the Surviving Corporation, and the Surviving Corporation shall become a wholly-owned subsidiary of Parent.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Inforte Corp)

Merger Sub Common Stock. Each issued and outstanding share of Merger Sub Common Stock shall be converted into and become one fully paid and nonassessable share of common stock, par value $0.001 10.00 per share, of Merger Sub (the “Merger Sub Common Stock”) shall be converted into and shall become one validly issued, fully paid and non-assessable share of common stock, par value $10.00 per share, of the Surviving Corporation with the same rights, powers and privileges as the shares so converted and shall constitute the only outstanding shares of capital stock of the Surviving Corporation.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Mercantile Bankshares Corp)

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