Capital Stock of Merger Sub. Each share of the common stock of Merger Sub 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 per share, of the Surviving Corporation.
Appears in 12 contracts
Samples: Agreement and Plan of Merger (Ista Pharmaceuticals Inc), Agreement and Plan of Merger (Motorola Inc), Agreement and Plan of Merger (Computer Associates International Inc)
Capital Stock of Merger Sub. Each share of the common stock stock, par value $0.01 per share, of Merger Sub issued and outstanding immediately prior to the Effective Time shall be converted into and become one fully paid and nonassessable share of common stock, par value $0.01 par value per share, of the Surviving Corporation.
Appears in 11 contracts
Samples: Agreement and Plan of Merger (Td Banknorth Inc.), Agreement and Plan of Merger (Apogent Technologies Inc), Agreement and Plan of Merger (Northwest Airlines Corp)
Capital Stock of Merger Sub. Each share of the common capital stock of Merger Sub 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 $0.0001 per share, of the Surviving Corporation and shall constitute the only outstanding shares of capital stock of the Surviving Corporation.
Appears in 11 contracts
Samples: Agreement and Plan of Merger (XOMA Corp), Agreement and Plan of Merger (Kinnate Biopharma Inc.), Agreement and Plan of Merger (Theseus Pharmaceuticals, Inc.)
Capital Stock of Merger Sub. Each share of the common stock of Merger Sub, $0.01 par value per share (“Merger Sub Common Stock”), issued and outstanding immediately prior to the Effective Time shall be converted automatically into and become one fully paid and nonassessable non-assessable share of common stockstock of the Surviving Corporation, $0.01 par value per share. From and after the Effective Time, each stock certificate of Merger Sub which previously represented shares of Merger Sub Common Stock shall evidence ownership of an equal number of shares of common stock of the Surviving Corporation.
Appears in 8 contracts
Samples: Agreement and Plan of Merger (Vaxgen Inc), Agreement and Plan of Merger (Xenogen Corp), Agreement and Plan of Merger (Tutogen Medical Inc)
Capital Stock of Merger Sub. Each As of the Effective Time, by virtue of the Merger and without any action on the part of the holder of any shares of Company Common Stock or any shares of capital stock of Merger Sub, each share of the common stock stock, par value $0.01 per share, of Merger Sub issued and outstanding immediately prior to the Effective Time shall be converted into and become one fully paid and nonassessable share of common stock, par value $0.01 par value per share, of the Surviving Corporation.
Appears in 8 contracts
Samples: Agreement and Plan of Merger (Crossmann Communities Inc), Agreement and Plan of Merger (Jacor Communications Inc), Agreement and Plan of Merger (Crossmann Communities Inc)
Capital Stock of Merger Sub. Each share of the common stock stock, par value $0.001 per share, of Merger Sub (the “Merger Sub Common Stock”) issued and outstanding immediately prior to the Effective Time shall be converted into and become one validly issued, fully paid and nonassessable share of common stock, $0.01 par value $0.001 per share, of the Surviving Corporation.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Yahoo Inc), Agreement and Plan of Merger (Micron Technology Inc), Agreement and Plan of Merger (Flextronics International Ltd.)
Capital Stock of Merger Sub. Each share of the common stock stock, $.01 par value, of Merger Sub issued and outstanding immediately prior to the Effective Time shall be converted into and become exchanged for one validly issued, fully paid and nonassessable share of common stock, $0.01 par value per sharevalue, of the Surviving Corporation.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Adt Limited), Agreement and Plan of Merger (Inbrand Corp), Agreement and Plan of Merger (Tyco International LTD)
Capital Stock of Merger Sub. Each share of the common stock of Merger Sub Sub, par value $0.01 per share, issued and outstanding immediately prior to the Effective Time shall be converted into and become one validly issued, fully paid and nonassessable share of common stock, $0.01 par value per share, stock of the Surviving Corporation, par value $0.01 per share.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Audience Inc), Agreement and Plan of Merger (Knowles Corp), Agreement and Plan of Merger (Ingredion Inc)
Capital Stock of Merger Sub. Each share of the common capital stock of Merger Sub issued and outstanding immediately prior to the Effective Time shall be converted into and become shall represent one fully paid and nonassessable share of common stock, par value $0.01 par value per share, of the Surviving Corporation, which shall constitute the only outstanding shares of common stock of the Surviving Corporation immediately following the Effective Time.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Diamondback Energy, Inc.), Agreement and Plan of Merger (Jagged Peak Energy Inc.), Agreement and Plan of Merger (Parsley Energy, Inc.)
Capital Stock of Merger Sub. Each share of the common stock stock, par value $0.01 per share, of Merger Sub issued and outstanding immediately prior to the Effective Time shall be converted into and become one fully paid and nonassessable share of common stock, par value $0.01 par value per share, of the Surviving Corporation.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Conexant Systems Inc), Agreement and Plan of Merger (Conexant Systems Inc), Agreement and Plan of Merger (Standard Microsystems Corp)
Capital Stock of Merger Sub. Each share of the common stock stock, par value $0.005 per share, of Merger Sub Sub, issued and outstanding immediately prior to the Effective Time shall be cancelled and extinguished and converted automatically into and become one validly issued, fully paid and nonassessable share of common stock, $0.01 par value $0.005 per share, of the Surviving Corporation.
Appears in 4 contracts
Samples: Distribution Agreement (New Laser Corp), Distribution Agreement (New Laser Corp), Transaction Agreement (New Laser Corp)
Capital Stock of Merger Sub. Each share of the common capital stock of Merger Sub issued and outstanding immediately prior to the Effective Time shall be converted into and become shall represent one fully paid and nonassessable share of common stock, $0.01 par value $0.001 per share, of the Surviving Corporation, which shall constitute the only outstanding shares of common stock of the Surviving Corporation immediately following the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Bonanza Creek Energy, Inc.), Agreement and Plan of Merger (HighPoint Resources Corp), Registration Rights Agreement (Bonanza Creek Energy, Inc.)
Capital Stock of Merger Sub. Each share of the common stock stock, par value $0.01 per share, of Merger Sub issued and outstanding immediately prior to the Effective Time shall be converted into and become one validly issued, fully paid and nonassessable share of common stock, par value $0.01 par value per share, of the Surviving Corporation.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Psychiatric Solutions Inc), Agreement and Plan of Merger (Universal Health Services Inc), Agreement and Plan of Merger (Huizenga H Wayne)
Capital Stock of Merger Sub. Each share of the common stock stock, par value $0.01 per share, of Merger Sub (“Merger Sub Common Stock”) issued and outstanding immediately prior to the Effective Time shall be converted into and become one fully paid and nonassessable share of common stock, par value $0.01 par value per share, of the Surviving Corporation.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Emc Corp), Agreement and Plan of Merger (Captiva Software Corp), Agreement and Plan of Merger (Legato Systems Inc)
Capital Stock of Merger Sub. Each share of the common stock of Merger Sub issued and Common Stock 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 per share, stock of the Surviving Corporation.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Champion International Corp), Agreement and Plan of Merger (Silicon Valley Group Inc), Agreement and Plan of Merger (Upm Kymmene Corp)
Capital Stock of Merger Sub. Each share of the common stock stock, $.01 par value, of Merger Sub issued and outstanding immediately prior to the Effective Time shall be converted into and become exchanged for one validly issued, fully paid and nonassessable share of common stock, $0.01 .01 par value per sharevalue, of the Surviving Corporation.
Appears in 4 contracts
Samples: Iv 6 Agreement and Plan of Merger (International Imaging Materials Inc /De/), Agreement and Plan of Merger (Registry Inc), Iv 6 Agreement and Plan of Merger (Paxar Corp)
Capital Stock of Merger Sub. Each share of the common stock stock, $0.0001 par value per share, of Merger Sub 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 no par value per share, of the Surviving Corporation.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Harmony Energy Technologies Corp), Agreement and Plan of Merger (Boston Therapeutics, Inc.), Agreement and Plan of Merger (Amergent Hospitality Group, Inc)
Capital Stock of Merger Sub. Each share of the common stock stock, $0.01 par value per share, of Merger Sub issued and outstanding immediately prior to the Effective Time shall be converted into and become exchanged for one validly issued, fully paid and nonassessable share of common stock, $0.01 par value per sharevalue, of the Surviving Corporation.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Si Technologies Inc), Agreement and Plan of Merger (Bard C R Inc /Nj/), Agreement and Plan of Merger (General Semiconductor Inc)
Capital Stock of Merger Sub. Each share of the common stock capital stock, par value $.01 per share, of Merger Sub issued and outstanding immediately prior to the Effective Time shall shall, by virtue of the Merger, be converted into and become exchanged for one fully paid and nonassessable non-assessable share of common the same class and series of capital stock, $0.01 par value $.01 per share, of the Surviving Corporation.
Appears in 4 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (SFBC International Inc), Agreement and Plan of Merger (Great Lakes Dredge & Dock Corp)
Capital Stock of Merger Sub. Each share of the common stock of Merger Sub Sub, par value $0.01 per share, issued and outstanding immediately prior to the Effective Time shall be converted into and become one (1) validly issued, fully paid and nonassessable share of common stock, $0.01 par value per share, stock of the Surviving Corporation, par value $0.01 per share.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Comtech Telecommunications Corp /De/), Agreement and Plan of Merger (Telecommunication Systems Inc /Fa/), Agreement and Plan of Merger (Borgwarner Inc)
Capital Stock of Merger Sub. Each issued and outstanding share of the common stock stock, par value $.01 per share, of Merger Sub 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 $.01 per share, of the Surviving Corporation.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Golden State Bancorp Inc), Agreement and Plan of Merger (Citigroup Inc), Agreement and Plan of Merger (Mafco Holdings Inc)
Capital Stock of Merger Sub. Each share of the common stock stock, par value $0.01 per share, of Merger Sub issued and outstanding immediately prior to the Effective Time shall be converted into and become one validly issued, fully paid and nonassessable share of common stock, par value $0.01 par value per share, of the Surviving Corporation.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Kimball International Inc), Agreement and Plan of Merger (Kimball International Inc), Agreement and Plan of Merger (Intricon Corp)
Capital Stock of Merger Sub. Each share of the common capital stock of Merger Sub issued and outstanding immediately prior to the Effective Time shall be converted into and shall become one validly issued, fully paid and nonassessable share of common stock, par value $0.01 par value per share, of the Surviving Corporation.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Energen Corp), Agreement and Plan of Merger (EQT Corp), Agreement and Plan of Merger (Rice Energy Operating LLC)
Capital Stock of Merger Sub. Each share of the common stock of Merger Sub Sub, par value $0.01 per share, issued and outstanding immediately prior to the Effective Time shall be converted into and become one validly issued, fully paid and nonassessable share of common stock, par value $0.01 par value per share, of the Surviving Corporation.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Novamed Inc), Agreement and Plan of Merger (Todd Shipyards Corp), Agreement and Plan of Merger (ARGON ST, Inc.)
Capital Stock of Merger Sub. Each share of the common capital stock of Merger Sub issued and outstanding immediately prior to the Effective Time shall be converted into and become one validly issued, fully paid and nonassessable share of common stock, $0.01 par value $0.001 per share, of the Surviving Corporation.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Autoinfo Inc), Agreement and Plan of Merger (Easylink Services International Corp), Agreement and Plan of Merger (Open Text Corp)
Capital Stock of Merger Sub. Each share of the common capital stock of Merger Sub issued and outstanding immediately prior to the Effective Time shall be converted into and become one validly issued, fully paid and nonassessable non-assessable share of common stock, $0.01 par value $0.001 per share, of the Surviving Corporation, and such shares shall constitute the only outstanding shares of capital stock of the Surviving Corporation as of the Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (NightHawk Radiology Holdings Inc), Agreement and Plan of Merger (Viking Holdings LLC), Agreement and Plan of Merger (Virtual Radiologic CORP)
Capital Stock of Merger Sub. Each share of the common capital stock of Merger Sub issued and outstanding immediately prior to the Effective Time shall be converted into and become shall represent one (1) fully paid and nonassessable share of common stock, par value $0.01 par value per share, of the Surviving Corporation, which shall constitute the only outstanding share of common stock of the Surviving Corporation immediately following the Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Conocophillips), Agreement and Plan of Merger (Marathon Oil Corp), Agreement and Plan of Merger (Marathon Oil Corp)
Capital Stock of Merger Sub. Each share of the common capital stock of Merger Sub issued and outstanding immediately prior to the Effective Time shall be converted into and become shall represent one fully paid and nonassessable share of common stock, par value $0.01 par value per share, of the Surviving Corporation, which shall constitute the only outstanding share of common stock of the Surviving Corporation immediately following the Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Conocophillips), Agreement and Plan of Merger (Concho Resources Inc), Agreement and Plan of Merger (RSP Permian, Inc.)
Capital Stock of Merger Sub. Each share of the common stock of Merger Sub Sub, par value $0.001 per share, issued and outstanding immediately prior to the Effective Time shall be converted into and become one (1) validly issued, fully paid and nonassessable share of common stockstock of the Surviving Corporation, $0.01 par value $0.001 per share, with the same rights, powers and preferences as the shares so converted and shall constitute the only outstanding share of capital stock of the Surviving Corporation.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Remark Media, Inc.), Agreement and Plan of Merger (Banks.com, Inc.), Agreement and Plan of Merger (Remark Media, Inc.)
Capital Stock of Merger Sub. Each At the Effective Time, each share --------------------------- of the common stock Common Stock, par value $0.10 per share, of Merger Sub 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 per share, stock of the Surviving Corporation.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Ohm Corp), Agreement and Plan of Merger (Ohm Corp), Agreement and Plan of Merger (International Technology Corp)
Capital Stock of Merger Sub. Each share of the common capital --------------------------- stock of Merger Sub issued and outstanding immediately prior to the Effective Time shall be converted into and become one fully paid and nonassessable share of common stock, par value $0.01 par value per share, of the Surviving Corporation.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Sun Healthcare Group Inc), Agreement and Plan of Merger (Sun Healthcare Group Inc), Agreement and Plan of Merger (Regency Health Services Inc)
Capital Stock of Merger Sub. Each share of the common capital stock of Merger Sub issued and outstanding immediately prior to the Effective Time shall be converted into and become one validly issued, fully paid and nonassessable share of common stock, par value $0.01 par value per share, of the Surviving Corporation.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Global Defense Technology & Systems, Inc.), Agreement and Plan of Merger (Medco Health Solutions Inc), Agreement and Plan of Merger (Polymedica Corp)
Capital Stock of Merger Sub. Each At the Effective Time, each share of the common stock stock, no par value, of Merger Sub 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 per share, stock of the Surviving Corporation.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Rubbermaid Inc), Agreement and Plan of Merger (Royal Appliance Manufacturing Co), Agreement and Plan of Merger (Newell Co)
Capital Stock of Merger Sub. Each share of the common capital stock of Merger Sub issued and outstanding immediately prior to the Effective Time shall be converted into and become one fully paid and nonassessable share of common stock, par value $0.01 par value per share, of the Surviving Corporation and shall constitute the only outstanding shares of capital stock of the Surviving Corporation.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Avantor, Inc.), Agreement and Plan of Merger (VWR Corp), Agreement and Plan of Merger (Igate Corp)
Capital Stock of Merger Sub. Each share of the common stock stock, par value $0.0001 per share, of Merger Sub 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 0.0001 par value per share, of the Surviving Corporation.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Akerna Corp.), Agreement and Plan of Merger (Sphere 3D Corp), Agreement and Plan of Merger (Metrologic Instruments Inc)
Capital Stock of Merger Sub. Each share of the common stock capital stock, par value $0.01 per share, of Merger Sub issued and outstanding immediately prior to the Effective Time shall shall, by virtue of the Merger, be converted into and become exchanged for one (1) fully paid and nonassessable non-assessable share of common stock, par value $0.01 par value per share, of the Surviving Corporation.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Majesco), Agreement and Plan of Merger (Majesco), Agreement and Plan of Merger (InsPro Technologies Corp)
Capital Stock of Merger Sub. Each share of the common stock stock, without par value, of Merger Sub issued and outstanding immediately prior to the Effective Time shall be converted into and become exchanged for one validly issued, fully paid and nonassessable share of common stock, $0.01 without par value per sharevalue, of the Surviving Corporation.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Oxford Automotive Inc), Agreement and Plan of Merger (Just for Feet Inc), Agreement and Plan of Merger (BMG North America LTD)
Capital Stock of Merger Sub. Each share of the common stock stock, par value $0.01 per share, of Merger Sub that is issued and outstanding immediately prior to the Effective Time shall be converted into and become one fully paid and nonassessable (1) share of common stock, $0.01 par value per share, stock of the Surviving Corporation.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Synergx Systems Inc), Agreement and Plan of Merger (Hirsch International Corp), Agreement and Plan of Merger (Hirsch International Corp)
Capital Stock of Merger Sub. Each share of the common capital stock of Merger Sub 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 shall constitute the only outstanding shares of capital stock of the Surviving Corporation.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (TSR Inc), Agreement and Plan of Merger (Alpine Immune Sciences, Inc.), Agreement and Plan of Merger (Dermira, Inc.)
Capital Stock of Merger Sub. Each share of the common stock of Merger Sub issued and outstanding immediately prior to the Effective Time shall be converted into and become one newly and validly issued, fully paid and nonassessable share of common stock, $0.01 par value per share, stock of the Surviving Corporation.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (M&t Bank Corp), Agreement and Plan of Merger (Wilmington Trust Corp), Agreement and Plan of Merger (Champps Entertainment Inc)
Capital Stock of Merger Sub. Each At the Effective Time, by virtue of the Merger and without any action on the part of the holder of any shares of Company Common Stock or any shares of capital stock of Merger Sub, each share of the common stock stock, par value $.01 per share, of Merger Sub 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 $.01 per share, of the Surviving Corporation.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Align Rite International Inc), Agreement and Plan of Merger (Photronics Inc), Agreement and Plan of Merger (Macdonald James L)
Capital Stock of Merger Sub. Each share of the common capital stock of Merger Sub issued and outstanding immediately prior to the Effective Time shall be converted into and become one fully paid and nonassessable share of common stockstock of the Surviving Corporation, $0.01 par value $0.001 per share, and such shares of common stock issued upon conversion of the capital stock of Merger Sub shall represent all of the outstanding shares of the Surviving Corporation.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Anadarko Petroleum Corp), Agreement and Plan of Merger (Western Gas Resources Inc)
Capital Stock of Merger Sub. Each share of the common capital stock of Merger Sub issued and outstanding immediately prior to the Effective Time shall be converted into and become shall represent one validly issued, fully paid and nonassessable share of common stock, par value $0.01 par value per share, of the First Step Surviving Corporation, which shall constitute the only outstanding shares of capital stock of the First Step Surviving Corporation immediately following the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (EQT Corp), Agreement and Plan of Merger (Equitrans Midstream Corp)
Capital Stock of Merger Sub. Each share of the common stock stock, par value $0.01 per share, of Merger Sub 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 per share, of the Surviving Corporation.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Encore Medical, L.P.), Agreement and Plan of Merger (Encore Medical Corp)
Capital Stock of Merger Sub. Each share of the common capital stock of Merger Sub issued and outstanding immediately prior to the Effective Time shall automatically be converted into and become one fully paid and nonassessable share of common stock, $0.01 par value $.01 per share, of the Surviving Corporation.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (BTP Acquisition Company, LLC), Agreement and Plan of Merger (Image Entertainment Inc)
Capital Stock of Merger Sub. Each share of the common stock stock, par value $0.01 per share, of Merger Sub issued and outstanding immediately prior to the Effective Time shall be converted into and become one validly issued, fully paid and nonassessable share of common stock, $0.01 0.0001 par value per share, of the Surviving Corporation.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (@Road, Inc), Agreement and Plan of Merger (Trimble Navigation LTD /Ca/)
Capital Stock of Merger Sub. Each share of the common stock of Merger Sub issued and outstanding immediately prior to the Effective Time shall be converted into and become one fully paid and nonassessable paid, non-assessable share of common stock, par value $0.01 par value per share, of the Surviving Corporation.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Sibanye Gold LTD), Agreement and Plan of Merger (Stillwater Mining Co /De/)
Capital Stock of Merger Sub. Each share of the common capital stock of Merger Sub issued and outstanding immediately prior to the Effective Time shall be converted into and become one validly issued, fully paid and nonassessable share of common stock, $0.01 par value $0.001 per share, of the Surviving Corporation, so that, after the Effective Time, Parent shall be the indirect holder of all of the issued and outstanding shares of the Surviving Corporation’s common stock.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Concentra Operating Corp), Agreement and Plan of Merger (Occupational Health & Rehabilitation Inc)
Capital Stock of Merger Sub. Each whole share of the common capital stock of Merger Sub issued and outstanding immediately prior to the Effective Time shall be converted into and become shall represent one (1) fully paid and nonassessable share of common stock, par value $0.01 par value per share, of the Surviving CorporationEntity, so that, after the Effective Time, Parent shall be the holder of all of the issued and outstanding shares of the Surviving Entity’s common stock (other than any shares described in Section 3.1(b)(iv)).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Sandridge Energy Inc), Agreement and Plan of Merger (Bonanza Creek Energy, Inc.)
Capital Stock of Merger Sub. Each As of the Effective Time, by virtue of the Merger and without any action on the part of the holder of any shares of Company Common Stock, Parent Common Stock or capital stock of Merger Sub, each share of the common stock stock, par value $0.01 per share, of Merger Sub issued and outstanding immediately prior to the Effective Time shall be converted into and become remain outstanding as one fully paid and nonassessable share of common stock, par value $0.01 par value per share, of the Surviving Corporation.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Hovnanian Enterprises Inc), Agreement and Plan of Merger (Hovnanian Enterprises Inc)
Capital Stock of Merger Sub. Each share of the common capital stock of Merger Sub 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 $.01 per share, of the Surviving Corporation.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Mg Waldbaum Co), Agreement and Plan of Merger (Mg Waldbaum Co)
Capital Stock of Merger Sub. Each share of the common capital stock of Merger Sub issued and outstanding immediately prior to the Effective Time shall be converted into and become shall represent one fully paid and nonassessable share of common stock, par value $0.01 par value 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’s common stock.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Range Resources Corp), Agreement and Plan of Merger (Memorial Resource Development Corp.)
Capital Stock of Merger Sub. Each At the Effective Time, by virtue of the Merger and without any action on the part of Parent, Merger Sub or the Company, each share of the common stock stock, par value $0.01 per share, of Merger Sub (“Merger Sub Common Stock”) issued and outstanding immediately prior to the Effective Time shall be converted into and become one duly authorized, validly issued, fully paid and nonassessable non-assessable share of common stock, $0.01 par value per share, stock of the Surviving Corporation.
Appears in 2 contracts
Samples: Agreement and Plan of Merger And (Bunge LTD), Agreement and Plan of Merger And (Corn Products International Inc)
Capital Stock of Merger Sub. Each share of the common stock stock, par value $0.01 per share, of Merger Sub (the “Merger Sub Common Stock”) issued and outstanding immediately prior to the Effective Time shall be converted into and become one fully paid and nonassessable share of common stock, par value $0.01 par value per share, of the Surviving Corporation.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Amr Corp), Agreement and Plan of Merger (Us Airways Group Inc)
Capital Stock of Merger Sub. Each share of the common stock of Merger Sub Sub, par value $0.01 per share, issued and outstanding immediately prior to the Effective Time shall be converted into and become one validly issued, fully paid and nonassessable share of common stock, $0.01 without par value per sharevalue, of the Surviving Corporation.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Shire PLC), Agreement and Plan of Merger (Viropharma Inc)
Capital Stock of Merger Sub. Each share of the common capital stock of Merger Sub 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 per share, stock of the Surviving Corporation.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (International Game Technology), Agreement and Plan of Merger (Venture Catalyst Inc)
Capital Stock of Merger Sub. Each share of the common stock share, no par value, of Merger Sub issued and outstanding immediately prior to the Effective Time shall be converted into and become one (1) validly issued, fully paid and nonassessable share of common stockshare, $0.01 no par value per sharevalue, of the Surviving Corporation, and all such shares when so converted shall constitute the only outstanding shares of capital stock of the Surviving Corporation.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Sparton Corp), Agreement and Plan of Merger (Sparton Corp)
Capital Stock of Merger Sub. Each share of the common stock stock, $0.01 par value, of Merger Sub issued and outstanding immediately prior to the Effective Time shall be converted into and become exchanged for one validly issued, fully paid and nonassessable share of common stock, $0.01 par value per sharevalue, of the Surviving Corporation.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Microprose Inc/De), Agreement and Plan of Merger (Gt Interactive Software Corp)
Capital Stock of Merger Sub. Each whole share of the common capital stock of Merger Sub issued and outstanding immediately prior to the Effective Time shall be converted into and become shall represent one (1) validly issued, fully paid and nonassessable share of common stock, par value $0.01 par value per share, of the Surviving CorporationEntity, so that, after the Effective Time, Parent shall be the holder of all of the issued and outstanding shares of the Surviving Entity’s common stock.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Amplify Energy Corp), Agreement and Plan of Merger (Midstates Petroleum Company, Inc.)
Capital Stock of Merger Sub. Each share of the common stock stock, par value $0.01 per share, of Merger Sub that is issued and outstanding immediately prior to the Effective Time shall be converted into and become one (1) validly issued, fully paid and nonassessable share of common stock, $0.01 par value per share, stock of the Surviving CorporationCompany, and shall constitute the only outstanding shares of capital stock of the Surviving Company.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Bioceres Crop Solutions Corp.), Agreement and Plan of Merger (Marrone Bio Innovations Inc)
Capital Stock of Merger Sub. Each share of the common capital stock of Merger Sub issued and outstanding immediately prior to the Effective Time shall be converted into and become one fully paid and nonassessable share of common stockstock of the Surviving Corporation, $0.01 par value $1.00 per share, and such shares of common stock issued upon conversion of the capital stock of Merger Sub shall represent all of the outstanding shares of the Surviving Corporation.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Anadarko Petroleum Corp), Agreement and Plan of Merger (Kerr McGee Corp /De)
Capital Stock of Merger Sub. Each At the Effective Time, by virtue of the Merger and without any action on the part of Pubco, Merger Sub, the Company or their respective stockholders, each share of the common stock stock, par value $0.001 per share, of Merger Sub issued and outstanding immediately prior to the Effective Time shall be converted into and become one validly issued, fully paid and nonassessable non-assessable share of common stock, $0.01 par value $0.001 per share, of the Surviving Corporation.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Greenidge Generation Holdings Inc.), Agreement and Plan of Merger (Support.com, Inc.)
Capital Stock of Merger Sub. Each share of the common stock of the Merger Sub Sub, par value $0.01 per share, 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, $0.01 par value per share, Common Stock of the Surviving Corporation.
Appears in 2 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Kindred Healthcare, Inc)
Capital Stock of Merger Sub. Each issued and outstanding share of the common stock stock, par value $.01 per share, of Merger Sub issued and outstanding immediately prior to the Effective Time shall be converted into and become one fully paid and nonassessable share of common stockCommon Stock, $0.01 par value $.01 per share, of the Surviving Corporation.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Showboat Inc), Agreement and Plan of Merger (Harrahs Entertainment Inc)
Capital Stock of Merger Sub. Each share of the common stock of Merger Sub Sub, without par value, issued and outstanding immediately prior to the Effective Time shall be converted into and become one validly issued, fully paid and nonassessable share of common stock, $0.01 without par value per sharevalue, of the Surviving Corporation.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Glaxosmithkline PLC), Agreement and Plan of Merger (Applied Signal Technology Inc)
Capital Stock of Merger Sub. Each share of the common stock stock, no par value per share, of Merger Sub 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 no par value per share, of the Surviving CorporationCorporation with the same rights, powers and privileges as the shares so converted.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Herbst Gaming Inc), Agreement and Plan of Merger (Sands Regent)
Capital Stock of Merger Sub. Each share of the common stock of Merger Sub issued and outstanding immediately prior to the Effective Time shall shall, by virtue of the Merger and without any action on the part of the holders thereof, be converted into and become one validly issued, fully paid and nonassessable share of common stock, par value $0.01 par value per share, of the Surviving CorporationCorporation (the “Surviving Corporation Common Stock”).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (ExlService Holdings, Inc.), Agreement and Plan of Merger (ExlService Holdings, Inc.)
Capital Stock of Merger Sub. Each issued and outstanding share of the common stock stock, par value $.01 per share, of Merger Sub 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 $.01 per share, of the Surviving Corporation.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Cendant Corp), Agreement and Plan of Merger (Cendant Corp)
Capital Stock of Merger Sub. Each share of the common stock of Merger Sub 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 per share, stock of the Surviving Corporation.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Adam Inc), Agreement and Plan of Merger (Adam Inc)
Capital Stock of Merger Sub. Each As of the Effective Time, by virtue of the Merger and without any action on the part of the holder of any shares of Company Common Stock or any shares of capital stock of Merger Sub, each share of the common stock stock, par value $.01 per share, of Merger Sub 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 $.01 per share, of the Surviving Corporation.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Rochester & Pittsburgh Coal Co), Agreement and Plan of Merger (Consol Inc)
Capital Stock of Merger Sub. Each share of the common stock stock, $0.001 par value per share, of Merger Sub 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 0.001 par value per share, of the Surviving Corporation.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (IMARA Inc.), Agreement and Plan of Merger (Arsanis, Inc.)
Capital Stock of Merger Sub. Each The one share of the common stock stock, $.01 par value, of Merger Sub issued and outstanding immediately prior to the Effective Time shall be converted into and become one exchanged for 16,590,336 validly issued, fully paid and nonassessable share shares of common stock, $0.01 par value per sharevalue, of the Surviving Corporation.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Lci International Inc /Va/), Agreement and Plan of Merger (U S Long Distance Corp)
Capital Stock of Merger Sub. Each share of the common stock stock, par value $.001 per share, of Merger Sub issued and outstanding immediately prior to the Effective Time shall be converted into and become one validly issued, fully paid and nonassessable share of common stock, $0.01 par value $.001 per share, of the Surviving Corporation.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Geo Group Inc), Agreement and Plan of Merger (Correctional Services Corp)
Capital Stock of Merger Sub. Each share of the common capital stock of Merger Sub issued and outstanding immediately prior to the Effective Time shall be converted into and become one fully paid and nonassessable share of common stock, par value $0.01 par value per share, of the Surviving Corporation.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Multicare Companies Inc), Agreement and Plan of Merger (Genesis Eldercare Acquisition Corp)
Capital Stock of Merger Sub. Each share of the common capital stock of Merger Sub 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 2 contracts
Samples: Tender and Support Agreement (VirtualScopics, Inc.), Agreement and Plan of Merger (Cherokee International Corp)
Capital Stock of Merger Sub. Each issued and outstanding share of the common stock of Merger Sub Sub, par value $0.001 per share, 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 per share, stock of the Surviving Corporation.
Appears in 2 contracts
Samples: 33 Agreement and Plan of Merger (Matrix Pharmaceutical Inc/De), Agreement and Plan of Merger (Matrix Pharmaceutical Inc/De)
Capital Stock of Merger Sub. Each share of the common stock Common Stock, par value $0.01 per share, of Merger Sub (the “Merger Sub Common Stock”) issued and outstanding immediately prior to the Effective Time shall be converted into and become one fully paid and nonassessable share of common stock, par value $0.01 par value per share, of the Surviving Corporation.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Ual Corp /De/), Agreement and Plan of Merger (Continental Airlines Inc /De/)
Capital Stock of Merger Sub. Each share of the common stock capital stock, par value $0.001 per share, of Merger Sub issued and outstanding immediately prior to the Effective Time shall be converted into and become exchanged for one fully paid and nonassessable non-assessable share of common the same class and series of capital stock, $0.01 no par value per sharevalue, of the Surviving Corporation.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Silicon Storage Technology Inc), Agreement and Plan of Merger (Silicon Storage Technology Inc)
Capital Stock of Merger Sub. Each share of the common capital stock of Merger Sub which is issued and outstanding immediately prior to the Effective Time shall be converted into and become one fully paid and nonassessable share of common stockCommon Stock, $0.01 par value $1.00 per share, of the Surviving Corporation.
Appears in 2 contracts
Samples: Agreement and Plan (Lyondell Petrochemical Co), Agreement and Plan of Merger (Lyondell Petrochemical Co)
Capital Stock of Merger Sub. Each share of the common stock Common Stock of Merger Sub Sub, par value $0.10 per share, that is issued and outstanding immediately prior to the Effective Time shall be converted into and become exchanged for one validly issued, fully paid and nonassessable share of common stockCommon Stock, $0.01 par value $0.001 per shareshare of the Surviving Corporation. From and after the Effective Time, each share certificate of Merger Sub theretofore evidencing ownership of any such shares shall continue to evidence ownership of such shares of Common Stock of the Surviving Corporation.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Double Eagle Petroleum Co), Agreement and Plan of Merger (Petrosearch Energy Corp)
Capital Stock of Merger Sub. Each share of the common capital stock of Merger Sub issued and outstanding immediately prior to the Effective Time shall be converted into and become shall represent one (1) validly issued, fully paid and nonassessable share of common stock, $0.01 par value $0.001 per share, of the Surviving Corporation, which shall constitute the only outstanding shares of common stock of the Surviving Corporation immediately following the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Bonanza Creek Energy, Inc.), Agreement and Plan of Merger (Extraction Oil & Gas, Inc.)
Capital Stock of Merger Sub. Each share of the common stock stock, $.01 par value, of Merger Sub issued and outstanding immediately prior to the Effective Time shall be converted into and become exchanged for one validly issued, fully paid and nonassessable share of common stock, $0.01 no par value per sharevalue, of the Surviving Corporation.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Registry Inc), Agreement and Plan of Merger (Hunter Terry L)
Capital Stock of Merger Sub. Each share of the common stock stock, par --------------------------- value $.01 per share, of Merger Sub ("Merger Sub Common Stock") 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 $.01 per share, of the Surviving Corporation.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Emc Corp), Agreement and Plan of Merger (Emc Corp)
Capital Stock of Merger Sub. Each share of the common capital stock of Merger Sub issued and outstanding immediately prior to the Effective Time shall be converted into and become one validly issued, fully paid and nonassessable non-assessable share of common stock, par value $0.01 par value per share, of the Surviving Corporation and shall constitute the only shares of capital stock of the Surviving Corporation.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Penn Millers Holding Corp), Agreement and Plan of Merger (Nymagic Inc)
Capital Stock of Merger Sub. Each share of the common stock stock, par value $0.01 per share, of Merger Sub issued and that is outstanding immediately prior to the Effective Time shall be converted into and become one validly issued, fully paid and nonassessable share of common stock, $0.01 par value per share, stock of the Surviving Corporation, which shall constitute the only outstanding share of capital stock of the Surviving Corporation as of immediately following the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Biospecifics Technologies Corp), Agreement and Plan of Merger (Endo International PLC)
Capital Stock of Merger Sub. Each As of the Effective Time, each issued and outstanding share of the common capital stock of Merger Sub issued and outstanding as of immediately prior to the Effective Time shall be converted into and become one validly issued, fully paid and nonassessable share of common stock, par value $0.01 par value per share, of the Surviving Corporation.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Steinhoff International Holdings N.V.), Agreement and Plan of Merger (Mattress Firm Holding Corp.)
Capital Stock of Merger Sub. Each share of the common capital stock of Merger Sub issued and outstanding immediately prior to the Effective Time shall be automatically converted into and become one fully paid and nonassessable share of common stock, par value $0.01 par value per share, of the Surviving Corporation.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Arbitron Inc), Agreement and Plan of Merger (Nielsen Holdings N.V.)
Capital Stock of Merger Sub. Each share of the common stock stock, par value $.01 per share, of Merger Sub issued and outstanding immediately prior to the Effective Time shall be converted into and become one validly issued, fully paid and nonassessable share of common stock, $0.01 par value $.01 per share, of the Surviving Corporation.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Bright Horizons Family Solutions Inc), Agreement and Plan of Merger (Extended Stay America Inc)
Capital Stock of Merger Sub. Each share of the common capital stock of Merger Sub issued and outstanding immediately prior to the Merger I Effective Time shall be converted into and become one fully paid and nonassessable share of common stock, par value $0.01 par value per share, of the Merger I Surviving CorporationEntity, so that, after the Merger I Effective Time, Parent shall be the holder of all of the issued and outstanding shares of the Merger I Surviving Entity’s common stock.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Forest Oil Corp), Agreement and Plan of Merger (Houston Exploration Co)
Capital Stock of Merger Sub. Each share of the common stock stock, $0.01 par value per share, of Merger Sub Sub, issued and outstanding immediately prior to the Effective Time shall be converted into and become one validly issued, fully paid and nonassessable share of common stock, $0.01 par value per share, of the Surviving Corporation.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Clearwater Paper Corp), Agreement and Plan of Merger (Cellu Tissue Holdings, Inc.)
Capital Stock of Merger Sub. Each share of the common stock stock, par value $0.01 per share, of Merger Sub (“Merger Sub Common Stock”) issued and outstanding immediately prior to the Effective Time shall be converted into and become one fully paid and nonassessable share of common stock, par value $0.01 par value per share, of the Surviving Corporation and such shares of common stock issued upon conversion of the Merger Sub Common Stock shall represent all of the outstanding shares of the Surviving Corporation.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Intralase Corp), Agreement and Plan of Merger (Advanced Medical Optics Inc)
Capital Stock of Merger Sub. Each share of the common capital stock of Merger Sub issued and outstanding immediately prior to the Effective Time shall be converted into and become one fully fully-paid and nonassessable non-assessable share of common stock, $0.01 par value $0.001 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’s common stock.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Owens & Minor Inc/Va/), Agreement and Plan of Merger (Medical Action Industries Inc)
Capital Stock of Merger Sub. Each share of the common stock of Merger Sub Sub, without par value, issued and outstanding immediately prior to the Effective Time shall be converted into and become one (1) validly issued, fully paid paid, and nonassessable share of common stock, $0.01 par value per share, stock of the Surviving Corporation, without par value.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Keysight Technologies, Inc.), Agreement and Plan of Merger (Ixia)
Capital Stock of Merger Sub. Each share of the common stock stock, par value $0.01, of Merger Sub (the "MERGER SUB COMMON STOCK") issued and outstanding immediately prior to the Effective Time shall be converted into and become one validly issued, fully paid and nonassessable non-assessable share of common stock, par value $0.01 par value per share, of the Surviving Corporation.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Probusiness Services Inc), Agreement and Plan of Merger (Automatic Data Processing Inc)
Capital Stock of Merger Sub. Each share of the common capital stock of Merger Sub issued and outstanding immediately prior to the Effective Time shall be converted into and become one (1) validly issued, fully paid and nonassessable share of common stock, par value $0.01 par value per share, of the Surviving Corporation.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (King Pharmaceuticals Inc), Agreement and Plan of Merger (Alpharma Inc)
Capital Stock of Merger Sub. Each share of the common stock stock, $.01 par value, of Merger Sub issued and outstanding immediately prior to the Effective Time shall be converted into and become exchanged for one validly issued, fully paid and nonassessable share of common stock, $0.01 .01 par value per sharevalue, of the Surviving Corporation.. (e)
Appears in 2 contracts
Samples: Agreement and Plan of Merger (New Stat Healthcare Inc), Agreement and Plan of Merger (American Medical Response Inc)
Capital Stock of Merger Sub. Each share of the common stock of Merger Sub Sub, par value $.01 per share, issued and outstanding immediately prior to the Effective Time shall be converted into and become one (1) validly issued, fully paid and nonassessable share of common stock, $0.01 par value per share, stock of the Surviving Corporation, par value $.01 per share.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Navisite Inc), Agreement and Plan of Merger (Prospect Medical Holdings Inc)
Capital Stock of Merger Sub. Each share of the common stock stock, par value $.01, of Merger Sub (the “Merger Sub Common Stock”) issued and outstanding immediately prior to the Effective Time shall be converted into and become one validly issued, fully paid and nonassessable non-assessable share of common stock, par value $0.01 par value per share, of the Surviving Corporation.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Water Pik Technologies Inc)
Capital Stock of Merger Sub. Each share of the common stock of Merger Sub, par value $0.0001 per share (the “Merger Sub Common Stock”), issued and outstanding immediately prior to the Effective Time shall be converted into and become one validly issued, fully paid paid, and nonassessable share of common stock, $0.01 0.0001 par value per share, of the Surviving Corporation.
Appears in 1 contract
Capital Stock of Merger Sub. Each share of the common stock stock, $0.001 par value per share, of Merger Sub (“Merger Sub Common Stock”) 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 0.00001 par value per share, of the Surviving Corporation.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Nanometrics Inc)
