Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the Company, on a daily basis. Any interest and other income resulting from such investments shall be paid to the Company.
Appears in 8 contracts
Samples: Agreement and Plan of Merger (Duke Energy CORP), Agreement and Plan of Merger (Cinergy Corp), Agreement and Plan of Merger (Florida Power & Light Co)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the CompanyAcquiror, on a daily basis. Any interest and other income resulting from such investments shall be paid to the CompanyAcquiror.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (King Pharmaceuticals Inc), Agreement and Plan of Merger (Medco Research Inc), Agreement and Plan of Merger (Rubbermaid Inc)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the CompanySurviving Corporation in accordance with Section 2.02(a) (Exchange Agent), on a daily basis. Any interest and other income resulting from such investments shall be paid to the CompanySurviving Corporation.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Wesco International Inc), Agreement and Plan of Merger (Anixter International Inc), Agreement and Plan of Merger (Wesco International Inc)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange FundFund in deposit accounts or short-term money market instruments, as directed by the CompanyHEALTHSOUTH, on a daily basis. Any interest and other income resulting from such investments shall be paid to the CompanyHEALTHSOUTH.
Appears in 4 contracts
Samples: Plan and Agreement of Merger (Health Images Inc), Plan and Agreement of Merger (National Surgery Centers Inc \De\), Agreement and Plan of Merger (Healthsouth Corp)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the CompanyBuyer, on a daily basis, provided that no such investment or loss thereon shall affect the amounts payable pursuant to the provisions of this Article II. Any interest and other income resulting from such investments shall be paid to the CompanyBuyer.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (LumaSense Technologies, Inc.), Agreement and Plan of Merger (Mikron Infrared Inc), Agreement and Plan of Merger (Mikron Infrared Inc)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the CompanyBuyer, on a daily basisbasis in Permitted Investments. Any interest and other income resulting from such investments shall be paid to Buyer upon termination of the CompanyExchange Fund pursuant to Section 2.6(c).
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Lincoln National Corp), Agreement and Plan of Merger (American States Financial Corp), Agreement and Plan of Merger (Kingsway Financial Services Inc)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the CompanyPhone, on a daily basis. Any interest and other income resulting from such investments shall be paid to the CompanyPhone.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Software Com Inc), Stock Option Agreement (Phone Com Inc), Stock Option Agreement (Phone Com Inc)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the CompanyBuyer, on a daily basis. Any interest and other income resulting from such investments shall be the property of, and shall be paid to, the Buyer. Any losses resulting from such investments shall not in any way diminish the Buyer’s obligation to pay the Companyfull amount of the Merger Consideration.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (First State Bancorporation), Agreement and Plan of Merger (First State Bancorporation), Agreement and Plan of Merger (Access Anytime Bancorp Inc)
Investment of Exchange Fund. The Exchange Agent shall invest --------------------------- any cash included in the Exchange Fund, as directed by the CompanySurviving Corporation or Parent, on a daily basis. Any interest and other income resulting from such investments shall be paid payable to the CompanySurviving Corporation or Parent on demand.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Legato Systems Inc), Agreement and Plan of Merger (Legato Systems Inc), Agreement and Plan of Merger (Otg Software Inc)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the CompanyAcquiror, on a daily basis. Any interest and other income resulting from such investments shall be paid to the Company.Acquiror. (j)
Appears in 3 contracts
Samples: A Agreement and Plan (Core Laboratories N V), Agreement and Plan of Merger (Geoscience Corp), Agreement and Plan of Merger (Tech Sym Corp)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the CompanyBuyer, on a daily basis. Any interest and other income resulting from such investments shall be paid to the Company.Buyer. ARTICLE IV
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Sunbeam Corp/Fl/), Agreement and Plan of Merger (Signature Brands Usa Inc), Agreement and Plan of Merger (Sunbeam Corp/Fl/)
Investment of Exchange Fund. The Exchange Paying Agent shall invest any cash included in the Exchange Fund, as directed by the CompanySurviving Corporation, on a daily basis. Any interest and other income resulting from such investments shall be paid payable to the CompanySurviving Corporation on demand.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Imagex Com Inc), Agreement and Plan of Merger (Pennaco Energy Inc), Agreement and Plan of Merger (Usx Corp)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the CompanyBEPC and Acquisition Sub, on a daily basis. Any interest and other income resulting from such investments shall be paid to the CompanyBEPC or Acquisition Sub, as applicable.
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (Brookfield Renewable Partners L.P.), Agreement and Plan of Reorganization (TerraForm Power, Inc.), Agreement and Plan of Reorganization (TerraForm Power, Inc.)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, Fund as directed by the Company, Surviving Corporation on a daily basis. Any interest and other income resulting from such investments shall promptly be paid to the CompanySurviving Corporation.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (British Telecommunications PLC), Agreement and Plan of Merger (Commnet Cellular Inc), Agreement and Plan of Merger (Mci Communications Corp)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, Fund as directed by the Company, on a daily basisBuyer. Any interest and other income resulting from such investments investment shall be the property of, and shall be promptly paid to to, the CompanyBuyer.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Idx Systems Corp), Agreement and Plan of Merger (General Electric Co)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, Fund as directed by the Company, Pxxxxx on a daily basis. ; provided that no such investment or loss thereon shall affect the amounts payable to Company stockholders pursuant to this Article I. Any interest and other income resulting from such investments investment shall become a part of the Exchange Fund, and any amounts in excess of the amounts payable to Company stockholders pursuant to this Article I shall be paid to Parent as soon as practicable at the Companyend of each calendar month.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Solectron Corp), Agreement and Plan of Merger (Flextronics International Ltd.)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, Fund as mutually directed by the Company, on a daily basisBiovail and Valeant. Any interest and other income resulting from such investments shall be paid to the Surviving Company.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Valeant Pharmaceuticals International), Agreement and Plan of Merger (BIOVAIL Corp)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the CompanyGiant, on a daily basis. Any interest and other income resulting from such investments shall be paid to the CompanyGiant.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Holly Corp), Agreement and Plan of Merger (Giant Industries Inc)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange FundFund in investment-grade securities, as directed by the CompanyCBI, on a daily basis. Any interest and other income resulting from such investments shall be paid to the CompanyCBI.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Trustees of General Electric Pension Trust), Agreement and Plan of Merger (Cincinnati Bell Inc /Oh/)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange FundFund in investment grade securities, as directed by the CompanyParent, on a daily basis. Any interest and other income resulting from such investments shall be the property of, and shall be paid to the Companyto, Parent.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Collateral Therapeutics Inc), Agreement and Plan of Merger (Collateral Therapeutics Inc)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the CompanySurviving Corporation, on a daily basis. Any interest and other income resulting from such investments shall be paid to the Company. To the extent that there are losses with respect to such investments, the Company shall promptly replace or restore the portion of the Exchange Fund lost through investments.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Sunset Financial Resources Inc), Agreement and Plan of Merger (Sunset Financial Resources Inc)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the CompanyTravelers, on a daily basis. Any interest and other income resulting from such investments shall be paid to the CompanyTravelers.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Travelers Group Inc), Agreement and Plan of Merger (Citicorp)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the CompanyMedPartners, on a daily basis. Any interest and other income resulting from such investments shall be paid to the CompanyMedPartners.
Appears in 2 contracts
Samples: Plan and Agreement of Merger (Medpartners Inc), Plan and Agreement of Merger (Medpartners Inc)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the CompanyXxxxxx Xxxxxxx, on a daily basis. Any interest and other income resulting from such investments shall be paid to the CompanyXxxxxx Xxxxxxx.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Friede Goldman International Inc), Agreement and Plan of Merger (Halter Marine Group Inc)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the CompanyIHS, on a daily basis. Any interest and other income resulting from such investments shall be paid to the CompanyIHS.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Integrated Health Services Inc), Agreement and Plan of Merger (Coram Healthcare Corp)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the CompanyDiscount, on a daily basis. Any interest and other income resulting from such investments shall be paid to the CompanyDiscount.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Hi Lo Automotive Inc /De), Agreement and Plan of Merger (Discount Auto Parts Inc)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the CompanyCrown, on a daily basis. Any interest and other income resulting from such investments shall be paid to the CompanyCrown.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Crown Castle International Corp), Agreement and Plan of Merger (Global Signal Inc)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the CompanyBuyer, on a daily basis. Any interest and other income resulting from such investments shall be paid to the CompanySurviving Corporation upon termination of the Exchange Fund pursuant to Section 3.3(e).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Celldex Therapeutics, Inc.), Agreement and Plan of Merger (Curagen Corp)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the CompanyPurchaser, on a daily basis. Any interest and other income resulting from such investments shall be paid to Purchaser upon termination of the CompanyExchange Fund pursuant to Section 2.4(e). In the event the cash in the Exchange Fund shall be insufficient to fully satisfy all of the payment obligations to be made by the Exchange Agent hereunder, then Purchaser shall promptly deposit cash into the Exchange Fund in an amount which is equal to the deficiency in the amount of cash required to fully satisfy such payment obligations.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Kuhlman Corp), Agreement and Plan of Merger (Borg Warner Automotive Inc)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the Company, on a daily basis. Any interest and other income resulting from such investments shall be paid to the Company. To the extent that there are losses with respect to such investments, the Company shall promptly replace or restore the portion of the Exchange Fund lost through investments.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Monmouth Real Estate Investment Corp), Agreement and Plan of Merger (Monmouth Capital Corp)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the CompanyTrust, on a daily basis, in obligations of the United States of America. Any interest and other income resulting from such investments shall be the property of and shall be paid to the CompanyParent.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Renovis Inc), Agreement and Plan of Merger (Genus Inc)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the CompanyPurchaser, on a daily basis; provided, however, that in no event shall any losses incurred in connection with such investment alter Purchaser’s obligation to make any payments under this Article 2. Any interest and other income resulting from such investments shall be paid to Purchaser upon termination of the CompanyExchange Fund pursuant to Section 2.7.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Resource Capital Fund v L.P.), Agreement and Plan of Merger (Uranium Resources Inc /De/)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the CompanyBuyer, on a daily basis. Any interest and other income resulting from such investments shall be paid to the CompanyBuyer.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Precision Response Corp), Agreement and Plan of Merger (Usa Networks Inc)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the CompanyAcquiror, on a daily basis. Any interest and other income resulting from such investments shall be paid to the CompanyAcquiror.
Appears in 2 contracts
Samples: Exhibit 99 (Hcia Inc), And Restated Agreement (Hcia Inc)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the Company, on a daily basis. Any interest and other income resulting from such investments shall be paid to the Company; provided, however, that no such investment or loss shall affect the amounts payable to any holder of a Certificate.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Marine Drilling Companies Inc), Agreement and Plan of Merger (Pride International Inc)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the CompanyInteriors, on a daily basis. Any interest and other income resulting from such investments shall be paid to the CompanyInteriors.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Interiors Inc), Agreement and Plan of Merger (Interiors Inc)
Investment of Exchange Fund. The Exchange Agent shall --------------------------- invest any cash included in the Exchange Fund, as directed by the Company, on a daily basisCorporation. Any interest and other income resulting from such investments shall be paid to the CompanyCorporation.
Appears in 2 contracts
Samples: Registration Rights Agreement (Borden Chemicals & Plastics Limited Partnership /De/), Registration Rights Agreement (Borden Chemicals & Plastics Limited Partnership /De/)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, Fund as directed by the Company, on a daily basis. Any interest and other income resulting from such investments shall promptly be paid to the Company.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Midwest Banc Holdings Inc), Agreement and Plan of Merger (Stifel Financial Corp)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the CompanyXxxxxx, on a daily basis. Any interest and other income resulting from such investments shall be paid to the Company.; provided, that
Appears in 1 contract
Samples: Agreement and Plan of Merger
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the CompanyDARA, on a daily basis. Any interest and other income resulting from such investments shall be paid to the Companyor as directed by DARA.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Point Therapeutics Inc)
Investment of Exchange Fund. The Exchange Agent shall invest any --------------------------- cash included in the Exchange Fund, as directed by the CompanyAcquiror, on a daily basis. Any interest and other income resulting from such investments shall be paid to the CompanyAcquiror.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Answerthink Consulting Group Inc)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, Fund as directed by the Company, Company on a daily basis. Any interest and other income resulting from such investments shall be paid to the Company.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Camelot Music Holdings Inc)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the CompanyPartner, on a daily basis. Any interest and other income resulting from such investments shall be paid to the CompanyPartner.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Basin Exploration Inc)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the CompanyResulting Corporation, on a daily basis. Any interest and other income resulting from such investments shall will be paid to the CompanyResulting Corporation.
Appears in 1 contract
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the --------------------------- Exchange Fund, as directed by the CompanyAcquiror, on a daily basis. Any interest and other income resulting from such investments shall be paid to the CompanyAcquiror.
Appears in 1 contract
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, if and as directed by the CompanyFund Holdings, on a daily basis; provided, that no losses on such investment will affect the cash payable to former holders of Company Common Shares pursuant to the provisions of this Article II. Any interest and other income resulting from such investments shall be paid to Fund Holdings upon termination of the CompanyExchange Fund pursuant to Section 2.3(f).
Appears in 1 contract
Samples: Agreement and Plan of Merger (KKR Financial Holdings LLC)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the Company, on a daily basis. Any interest and other income resulting from such investments shall be paid to the Company.. ARTICLE III
Appears in 1 contract
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, Fund as directed by the Company, Acquiror on a daily basis. Any interest and other income resulting from such investments shall promptly be paid to the CompanyAcquiror.
Appears in 1 contract
Investment of Exchange Fund. The Exchange Paying Agent shall invest any cash included in the Exchange Fund, as directed by the CompanyTrust, on a daily basis. Any interest and other income resulting from such investments shall be paid to the CompanyTrust.
Appears in 1 contract
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by Berkshire (or Holding Company after the CompanyEffective Time), on a daily basis. Any interest and other income resulting from such investments shall be paid to Berkshire (or Holding Company after the CompanyEffective Time).
Appears in 1 contract
Investment of Exchange Fund. The Exchange Paying Agent shall invest any cash included in the Exchange Fund, as directed by the CompanyPurcxxxxx, on xx a daily basis. Any interest and other income resulting from such investments shall be paid to the CompanyPurchaser.
Appears in 1 contract
Samples: Agreement and Plan of Merger (HCH Acquisition Corp)
Investment of Exchange Fund. The Exchange Paying Agent shall invest any --------------------------- cash included in the Exchange Fund, as directed by the CompanyTrust, on a daily basis. Any interest and other income resulting from such investments shall be paid to the CompanyTrust.
Appears in 1 contract
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the Company, on a daily basis. Any interest and other income resulting from provided that such investments investment shall be paid to (i) securities issued or directly and fully guaranteed or insured by the Company.United
Appears in 1 contract
Samples: Agreement and Plan of Merger (Homco Puerto Rico Inc)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the CompanyEDO, on a daily basis. Any interest and other income resulting from such investments and remaining in the Exchange Fund after the satisfaction of all its obligations under this Article I shall be paid to the CompanyEDO.
Appears in 1 contract
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the CompanyAcquiror, on a daily basis; provided, however, that such investments shall be limited to marketable securities issued or guaranteed by the federal government of the United States. Any interest and other income resulting from such investments shall be paid added to the CompanyEscrow Fund (and, thus, the Available Escrow Amount) upon termination of the Exchange Fund and distributed as a portion thereof as otherwise provided herein.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Valeant Pharmaceuticals International)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the CompanyParent, on a daily basis. Any interest and other income resulting from such investments shall be paid added to the CompanyExchange Fund and used to pay the expenses of the Exchange Fund.
Appears in 1 contract
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the CompanyPurchaser, on a daily basis. Any interest and other income resulting from such investments shall be paid to the CompanyPurchaser upon termination of the Exchange Fund pursuant to Section 2.4.5.
Appears in 1 contract
Samples: Plan and Agreement of Merger (Sykes Healthplan Services Inc)
Investment of Exchange Fund. The Exchange Agent shall invest any cash included in the Exchange Fund, as directed by the CompanyPurchaser, on a daily basisbasis in Permitted Investments. Any interest and other income resulting from such investments shall be paid to the CompanyPurchaser upon termination of the Exchange Fund pursuant to Section 3.2(c).
Appears in 1 contract
Samples: Agreement and Plan of Merger (Progressive Corp/Oh/)
