2012 Merger Agreement definition

2012 Merger Agreement means that certain Agreement and Plan of Merger by and among Exxx Xxxxx, Exx Xxxxxxx Xxxxxx, Jxxx Xxxxx, Mxxxx Xxxxx, Cxxxx Xxxxx, Yxxxxx Xxxxx, Ezrani Corp., Nxxx Footwear Corp., Sxxxxxx Xxxxxxxxxxx and The Estate of Mxxxxx Xxxxxx dated as of May 29, 2012.

2012 Merger Agreement means that certain Agreement and Plan of Merger, as amended, dated as of May 9, 2012, by and among KACC Holdings, LLC, KACC Acquisition, LLC, Aurora Casket Company, Inc., Aurora Hardwoods, Inc., Bengal Holdings, Inc. and the Shareholders' Agent (as defined therein).

Examples of 2012 Merger Agreement in a sentence

• In accordance with the January 6, 2013 Amendment to the September 6, 2012 Merger Agreement, ARCT shareholders will receive a one-time cash payment of $0.35 per share in addition to the fixed exchange ratio of 0.2874 Realty Income shares for each share of ARCT common stock that they own.

• Following the Closing, Buyer shall cause the Company and the Parent Indemnified Parties not to amend, alter or waive (in any case whether by action or inaction) any term of the 2012 Merger Agreement in any manner that would modify or limit the coverage or amounts available for such Losses or that otherwise adversely affect the rights or recovery of the Parent Indemnified Parties thereunder.

• For purposes of determining the amount of Losses subject to an indemnification claim pursuant to this Article VIII, the amount of such Losses shall be reduced by the amount of any indemnity payments actually received by the Seller Indemnitees pursuant to the 2012 Merger Agreement (net of any fees, costs or expenses of recovery).