Common use of Parent to Provide Common Stock Clause in Contracts

Parent to Provide Common Stock. Within five (5) business days after the Effective Time, Parent shall make available to the Exchange Agent, for exchange in accordance with this Article I, (i) the shares of Parent Common Stock issuable pursuant to Section 1.6 in exchange for outstanding shares of Company Common Stock and (ii) cash in an amount sufficient for payment in lieu of fractional shares pursuant to Section 1.6(f) and any dividends or distributions to which holders of shares of Company Common Stock may be entitled pursuant to Section 1.7(d).

Appears in 4 contracts

Samples: Agreement and Plan (Harbinger Corp), Agreement and Plan (Harbinger Corp), Agreement and Plan of Merger (Peregrine Systems Inc)

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Parent to Provide Common Stock. Within five Promptly after the Effective Time (5but in no event later than three (3) business days after the Effective Timethereafter), Parent shall make available to the Exchange Agent, Agent for exchange in accordance with this Article I, (i) the shares of Parent Common Stock issuable pursuant to Section 1.6 in exchange for outstanding shares of Company Common Stock Stock, and (ii) cash in an amount sufficient for payment in lieu of fractional shares pursuant to Section 1.6(f1.6(g) and any dividends or distributions to which holders of shares of Company Common Stock may be entitled pursuant to Section 1.7(d).. (c)

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Informix Corp), Agreement and Plan of Reorganization (Red Brick Systems Inc)

Parent to Provide Common Stock. Within five (5) business days Promptly after the Effective Time, and in no event more than three (3) business days thereafter, Parent shall make available to the Exchange Agent, for exchange in accordance with this Article I, (i) the shares of Parent Common Stock issuable pursuant to Section 1.6 in exchange for outstanding shares of Company Common Stock Stock, and (ii) cash in an amount sufficient for payment in lieu of fractional shares pursuant to Section 1.6(f) and any dividends or distributions to which holders of shares of Company Common Stock may be entitled pursuant to Section 1.7(d).

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Mail Com Inc), Agreement and Plan of Merger (Mail Com Inc)

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Parent to Provide Common Stock. Within five (5) business days Promptly after the Effective Time, but in any event within ten (10) business days, Parent shall make available to the Exchange Agent, Agent for exchange in accordance with this Article I, (i) through such reasonable procedures as Parent may adopt, the shares of Parent Common Stock issuable pursuant to Section 1.6 1.6(a) in exchange for outstanding shares of Company Common Capital Stock and (ii) cash in an amount sufficient for payment in lieu of fractional shares pursuant outstanding immediately prior to Section 1.6(f) and any dividends or distributions to which holders the Effective Time less the number of shares of Company Parent Common Stock may to be entitled deposited into the Escrow Fund (as defined in Section 8.3 hereof) pursuant to Section 1.7(d)the requirements of Article VIII hereof.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Ariba Inc)

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