Common use of Termination of Fund Clause in Contracts

Termination of Fund. At any time following the first (1st) anniversary of the Closing Date, US Parent shall be entitled to require the Paying Agent to deliver to it or as directed by it any funds (including any interest received with respect thereto) that had been made available to the Paying Agent and which have not been disbursed in accordance with this Article II, and thereafter Persons entitled to receive payment pursuant to this Article II shall be entitled to look only to US Parent or the Surviving Corporation (subject to abandoned property, escheat or other similar Laws) as general creditors thereof with respect to the payment of any Merger Consideration that may be payable upon surrender of any Company Common Stock held by such holders, as determined pursuant to this Agreement, without any interest thereon. Any amounts remaining unclaimed by such holders at such time at which such amounts would otherwise escheat to or become property of any Governmental Authority shall become, to the extent permitted by applicable Law, the property of US Parent, free and clear of all claims or interest of any Person previously entitled thereto.

Termination of Fund. At any time following the first (1st) anniversary of the Closing Date, US Parent the Surviving Corporation shall be entitled to require the Paying Agent to deliver to it or as directed by it any funds (including any interest or investment income received with respect thereto) that had been made available to the Paying Agent and which have not been disbursed in accordance with this Article IIto holders of Certificates or Book-Entry Shares, and thereafter Persons entitled to receive payment pursuant to this Article II such holders shall be entitled to look only to US Parent or and the Surviving Corporation (subject to abandoned property, escheat or other similar Laws) as general creditors thereof with respect to the payment of any Merger Consideration that may be payable upon surrender of any Company Common Stock Certificates or Book-Entry Shares held by such holders, as determined pursuant to this Agreement, without any interest thereon. Any amounts remaining unclaimed by such holders at such time at which such amounts would otherwise escheat to or become property of any Governmental Authority shall become, to the extent permitted by applicable Law, the property of US Parent, free and clear of all claims or interest of any Person previously entitled thereto.

Termination of Fund. At any time following the first (1st) anniversary of the Closing Date, US Parent the Surviving Corporation shall be entitled to require the Paying Agent to deliver to it or as directed by it its designee any funds (including any interest received with respect thereto) that had been made available to the Paying Agent and which have not been disbursed in accordance with this Article ARTICLE II, and thereafter Persons entitled to receive payment pursuant to this Article ARTICLE II shall be entitled to look only to US Parent or the Surviving Corporation (subject to abandoned property, escheat or other similar Laws) as general creditors thereof with respect to the payment of any Merger Consideration that may be payable upon surrender of any Company Common Stock held by such holders, as determined pursuant to this Agreement, without any interest thereon. Any amounts remaining unclaimed by such holders at such time at which such amounts would otherwise escheat to or become property of any Governmental Authority under applicable Law shall become, to the extent permitted by applicable Law, the property of US Parentthe Surviving Corporation, free and clear of all claims or interest of any Person previously entitled thereto.