Common use of Termination of Payment Fund Clause in Contracts

Termination of Payment Fund. Any portion of the Payment Fund (including any interest received with respect thereto) that remains undistributed to the holders of Common Shares for one year after the Effective Time shall be delivered to Parent (or its designee), and any holder of Common Shares who has not theretofore complied with this Article II shall thereafter look only to Parent (subject to abandoned property, escheat or other similar Laws) for payment of its claim for Merger Consideration without any interest thereon.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Aircastle LTD), Agreement and Plan of Merger (Arch Capital Group Ltd.), Agreement and Plan of Merger (Watford Holdings Ltd.)

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Termination of Payment Fund. Any portion of the Payment Fund (including any interest received with respect thereto) that which remains undistributed to the holders of Common the Certificates or Book-Entry Shares for one (1) year after the Effective Time shall be delivered to Parent (or its designee)Parent, upon demand, and any holder of Common Shares such holders prior to the Merger who has have not theretofore complied with this Article II shall thereafter look only to Parent (subject to abandoned property, escheat or other similar Laws) the Surviving Corporation as general creditor thereof for payment of its claim their claims for Merger Consideration cash, without any interest thereoninterest, to which such holders may be entitled.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Norcraft Companies, Inc.), Agreement and Plan of Merger (Fortune Brands Home & Security, Inc.)

Termination of Payment Fund. Any portion of the Payment Fund (including any interest received with respect thereto) that remains undistributed to the holders of Common Shares for one year Stock nine months after the Effective Time shall be delivered to Parent (or its designee)) upon demand, and any holder of Common Shares Stock who has not theretofore theretofor complied with this Article II shall thereafter look only to Parent (subject to abandoned property, escheat or other similar Laws) for payment of its claim for Merger Consideration without any interest thereonthereon (subject to abandoned property, escheat or similar Law).

Appears in 2 contracts

Samples: Agreement and Plan of Merger (SS&C Technologies Holdings Inc), Agreement and Plan of Merger (DST Systems Inc)

Termination of Payment Fund. Any portion of the Payment Fund (including any interest received with respect thereto) that which remains undistributed to the holders of Company Common Shares Stock for one year nine months after the Effective Time shall be delivered to Parent (or its designee)upon demand, and any holder holders of Company Common Shares Stock who has have not theretofore complied with this Article II 2 shall thereafter look only to Parent (subject to abandoned propertyfor the Merger Consideration, escheat or other similar Laws) for payment of its claim for Merger Consideration without any interest thereon.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Harrahs Entertainment Inc), Agreement and Plan of Merger (JCC Holding Co)

Termination of Payment Fund. Any portion of the Payment Fund (including any and all interest and other proceeds received with respect thereto) that remains undistributed to the holders of Common Company Shares for one (1) year after the Effective Time shall be delivered to Parent (or its designee)Parent, and any holder of Common Company Shares who has not theretofore complied with this Article II shall thereafter look only to Parent (subject to abandoned property, escheat or other similar Laws) for payment of its claim for Merger Consideration without any interest thereon.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Home Loan Servicing Solutions, Ltd.), Agreement and Plan of Merger (New Residential Investment Corp.)

Termination of Payment Fund. Any portion of the Payment Fund (including any and all interest and other proceeds received with respect thereto) that remains undistributed to the holders of Common Company Shares for one (1) year after the Effective Time shall be delivered to Parent (or its designee)Parent, and any holder of Common Company Shares who has not theretofore complied with this Article II shall thereafter look only to Parent (subject to abandoned property, escheat or other similar Laws) the Surviving Company for payment of its claim for Merger Consideration without any interest thereon.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (New Residential Investment Corp.), Agreement and Plan of Merger (Home Loan Servicing Solutions, Ltd.)

Termination of Payment Fund. Any portion of the Payment Fund (including any interest received with respect thereto) that remains undistributed to the holders of Company Common Shares Stock for one (1) year after the Effective Time shall be delivered to Parent (or its designee)Parent, and any holder of Company Common Shares Stock who has not theretofore complied with this Article II shall thereafter look only to Parent for payment of its claim for Merger Consideration (subject to abandoned property, escheat or other similar Laws) for payment of its claim for Merger Consideration without any interest thereonlaw).

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Atmi Inc), Agreement and Plan of Merger (Entegris Inc)

Termination of Payment Fund. Any portion of the Payment Fund (including any interest received with respect thereto) that which remains undistributed to the holders of Common the Certificates or Book-Entry Shares for one (1) year after the Effective Time shall be delivered to Parent (or its designee)Parent, upon demand, and any holder of Common Shares such holders prior to the Merger who has have not theretofore complied with this Article II shall thereafter look only to Parent (subject to abandoned property, escheat or other similar Laws) as general creditor thereof for payment of its claim their claims for Merger Consideration Consideration, without any interest thereoninterest, to which such holders may be entitled.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (IPC Healthcare, Inc.), Agreement and Plan of Merger (Team Health Holdings Inc.)

Termination of Payment Fund. Any portion of the Payment Fund (including any interest or other income received with respect thereto) that remains undistributed to the holders of Common Shares for after the one year after anniversary of the Effective Time shall Closing Date will be delivered to Parent (or its designee), and any holder of Common Shares who has not theretofore complied with this Article II shall will thereafter look only to Parent (subject to abandoned property, escheat or other similar Laws) for payment of its claim for Merger Consideration Consideration, without any interest thereonthereon and subject to Tax or other applicable Law.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Lattice Semiconductor Corp)

Termination of Payment Fund. Any portion of the Payment Fund (including any interest received with respect thereto) that remains undistributed to the holders of Company Common Shares Stock for one (1) year after the Effective Time shall be delivered to Parent (or its designee)Parent, and any holder of Company Common Shares Stock who has not theretofore complied with this Article II shall thereafter look only to Parent (subject to abandoned property, escheat or other similar Laws) for payment of its claim for Merger Consideration without any interest thereon.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Qlik Technologies Inc)

Termination of Payment Fund. Any portion of the Payment Fund (including any interest received with respect thereto) that remains undistributed to the holders of Common Shares Stock for one year after the Effective Time shall be delivered to Parent (or its designee), and any holder of Common Shares Stock who has not theretofore complied with this Article II shall thereafter look only to Parent (subject to abandoned property, escheat or other similar Laws) for payment of its claim for Merger Consideration without any interest thereon.

Appears in 1 contract

Samples: Agreement and Plan of Merger (KAMAN Corp)

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Termination of Payment Fund. Any portion of the Payment Fund (including any interest received with respect thereto) that remains undistributed to the holders of Common Certificates or Uncertificated Shares for one (1) year after the Effective Time shall be delivered to Parent (or its designee)Parent, upon demand, and any holder of Common Shares such holders who has have not theretofore complied with this Article II 2 shall thereafter look only to Parent (subject to abandoned property, escheat or other similar Laws) for payment of its their claim for Merger Consideration without any interest thereonConsideration.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Jamba, Inc.)

Termination of Payment Fund. Any portion of the Payment Fund (including any interest received with respect thereto) that remains undistributed to the holders of Company Common Shares Stock for one year after the Effective Time shall be delivered to Parent (or its designee)Parent, and any holder of Company Common Shares Stock who has not theretofore complied with this Article II shall thereafter look only to Parent (subject to abandoned property, escheat or other similar Laws) for payment of its claim for Merger Consideration without any interest thereon.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Life Time Fitness, Inc.)

Termination of Payment Fund. Any portion of the Payment Fund (including any interest received with respect thereto) that remains undistributed to the holders of Company Common Shares Stock for one year twelve (12) months after the Effective Time shall be delivered to Parent (or its designee)Parent, and any holder of Company Common Shares Stock who has not theretofore complied with this Article II shall thereafter look only to Parent (subject to abandoned property, escheat or other similar Laws) for payment of its claim for Merger Consideration without any interest thereon.

Appears in 1 contract

Samples: Agreement and Plan of Merger (ExamWorks Group, Inc.)

Termination of Payment Fund. Any portion of the Payment Fund (including any interest received with respect thereto) that remains undistributed to the holders of Common Shares Stock for one year after the Effective Time shall be delivered to Parent (or its designee), and any holder of Common Shares Stock who has not theretofore complied with this Article II shall thereafter look only to Parent (subject to abandoned property, escheat or other similar Laws) for payment of its claim for the Merger Consideration Consideration, without any interest thereon.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Intrawest Resorts Holdings, Inc.)

Termination of Payment Fund. Any portion of the Payment Fund (including any interest received with respect thereto) that remains undistributed to the holders of Company Common Shares Stock for one year after immediately following the Effective Time shall be delivered to Parent (or its designee)Parent, and any holder of Company Common Shares Stock who has not theretofore complied with this Article II shall thereafter look only to Parent (subject to abandoned property, escheat or other similar Laws) for payment of its claim for Merger Consideration without any interest thereon.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Exactech Inc)

Termination of Payment Fund. Any portion of the Payment Fund (including any interest received with respect thereto) that which remains undistributed to the holders of Common the Certificates or Book-Entry Shares for one (1) year after the Effective Time shall be delivered to Parent (or its designee)Parent, upon demand, and any holder of Common Shares such holders prior to the Merger who has have not theretofore complied with this Article II shall thereafter look only to Parent (subject to abandoned property, escheat or other similar Laws) as general creditor thereof for payment of its claim their claims for Merger Consideration cash, without any interest thereoninterest, to which such holders may be entitled.

Appears in 1 contract

Samples: Agreement and Plan of Merger (MModal Inc.)

Termination of Payment Fund. Any portion of the Payment Fund (including any interest received with respect thereto) that remains undistributed to the holders of Company Common Shares Stock for one year twelve months after the Effective Time shall be delivered to Parent (or its designee)Parent, and any holder of Company Common Shares Stock who has not theretofore complied with this Article II shall thereafter look only to Parent (subject to abandoned property, escheat or other similar Laws) for payment of its claim for Merger Consideration Consideration, without any interest thereon.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Headwaters Inc)

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