Common use of Exchange Agent Clause in Contracts

Exchange Agent. Prior to the Effective Time Parent shall appoint a bank or trust company Subsidiary of Parent or another bank or trust company reasonably acceptable to Company, or Parent’s transfer agent, pursuant to an agreement (the “Exchange Agent Agreement”) to act as exchange agent (the “Exchange Agent”) hereunder.

Appears in 7 contracts

Sources: Merger Agreement, Merger Agreement (Countrywide Financial Corp), Merger Agreement (Wachovia Corp New)

Exchange Agent. Prior to the Effective Time Time, Parent shall appoint a bank or trust company Subsidiary of Parent or another bank or trust company reasonably acceptable to Company, or Parent’s transfer agent, pursuant to an agreement (the “Exchange Agent Agreement”) to act as exchange agent (the “Exchange Agent”) hereunder.

Appears in 5 contracts

Sources: Merger Agreement (Fidelity National Financial, Inc.), Merger Agreement (Landamerica Financial Group Inc), Merger Agreement (Merrill Lynch & Co Inc)

Exchange Agent. Prior to the Effective Time Time, Parent shall appoint (i) select a bank or trust company Subsidiary company, satisfactory to the Company in its reasonable discretion, to act as the exchange agent in the Merger (the “Exchange Agent”) and (ii) enter into an exchange agent agreement with the Exchange Agent, the terms and conditions of Parent or another bank or trust company reasonably acceptable which are satisfactory to Company, or Parent’s transfer agent, pursuant to an agreement the Company in its reasonable discretion (the “Exchange Agent Agreement”) to act as exchange agent (the “Exchange Agent”) hereunder).

Appears in 4 contracts

Sources: Agreement and Plan of Merger (CSR PLC), Agreement and Plan of Merger (Zoran Corp \De\), Merger Agreement (CSR PLC)

Exchange Agent. Prior to the Effective Time Time, Parent shall appoint a bank or trust company Subsidiary of Parent or another bank or trust company company, which shall be reasonably acceptable to the Company, or Parent’s transfer agent, pursuant to an agreement (the “Exchange Agent Agreement”) to act as paying agent and exchange agent (the “Exchange Agent”) hereunderfor the exchange of the issued and outstanding Shares for the Merger Consideration.

Appears in 4 contracts

Sources: Agreement and Plan of Merger (Apple Hospitality REIT, Inc.), Agreement and Plan of Merger (Apple REIT Ten, Inc.), Agreement and Plan of Merger (Apple REIT Ten, Inc.)

Exchange Agent. Prior to the Effective Time Time, Parent shall appoint enter into an agreement with a bank or trust company Subsidiary of Parent or another bank or trust company reasonably acceptable to Company, or Parent’s transfer agent, pursuant to an agreement (the “Exchange Agent Agreement”) to act as exchange agent for the Merger (the "Exchange Agent") hereunderas may be designated by Parent and such agreement and the Exchange Agent shall be reasonably acceptable to Company.

Appears in 3 contracts

Sources: Merger Agreement (Doubleclick Inc), Merger Agreement (Doubleclick Inc), Merger Agreement (Doubleclick Inc)

Exchange Agent. Prior to the Effective Time Time, Parent shall shall, at its own cost and expense, appoint a bank or trust company Subsidiary of Parent or another bank or trust company reasonably acceptable to the Company, or Parent’s transfer agent, pursuant to an agreement (the “Exchange Agent Agreement”) to act as exchange agent (the “Exchange Agent”) hereunder.

Appears in 2 contracts

Sources: Merger Agreement (M&t Bank Corp), Merger Agreement (Wilmington Trust Corp)

Exchange Agent. Prior to the Effective Time Time, Parent shall appoint a bank or trust company Subsidiary of Parent or another bank or trust company reasonably acceptable to the Company, or Parent’s transfer agent, pursuant to an agreement (reasonably acceptable to the “Exchange Agent Agreement”) Company to act as exchange agent (the “Exchange Agent”) hereunder.

Appears in 2 contracts

Sources: Merger Agreement (Biocryst Pharmaceuticals Inc), Merger Agreement (Triumph Group Inc)

Exchange Agent. Prior to the Effective Time Time, the Parent shall appoint a bank or trust company Subsidiary of Parent or another bank or trust company company, which shall be reasonably acceptable to the Company, or Parent’s transfer agent, pursuant to an agreement (the “Exchange Agent Agreement”) to act as paying agent and exchange agent (the “Exchange Agent”) hereunderfor the exchange of the issued and outstanding Company Shares for the Merger Consideration.

Appears in 2 contracts

Sources: Merger Agreement, Merger Agreement (American Realty Capital - Retail Centers of America, Inc.)

Exchange Agent. Prior to the Effective Time Time, Parent shall appoint a bank or trust company Subsidiary of Parent or another bank or trust company that is reasonably acceptable to Company, or Parent’s transfer agent, pursuant to an agreement (the “Exchange Agent Agreement”) Company to act as exchange agent (the “Exchange Agent”) hereunderfor the payment of the Merger Consideration and shall enter into an agreement (the “Exchange Agent Agreement”) relating to the Exchange Agent’s responsibilities under this Agreement.

Appears in 2 contracts

Sources: Merger Agreement (McMoran Exploration Co /De/), Merger Agreement (Freeport McMoran Copper & Gold Inc)

Exchange Agent. Prior to the Effective Time Time, Parent shall appoint a bank or trust company Subsidiary of Parent or another bank or trust company company, which shall be reasonably acceptable to the Company, or Parent’s transfer agent, pursuant to an agreement (the “Exchange Agent Agreement”) to act as paying agent and exchange agent (the “Exchange Agent”) hereunderfor the exchange of the issued and outstanding Company Shares for the Merger Consideration.

Appears in 1 contract

Sources: Merger Agreement (Apple REIT Ten, Inc.)

Exchange Agent. Prior to the Effective Time Parent shall appoint a bank or trust company Subsidiary of Parent or another bank or trust company reasonably acceptable to Company, or Parent’s 's transfer agent, pursuant to an agreement (the "Exchange Agent Agreement") to act as exchange agent (the "Exchange Agent") hereunder.

Appears in 1 contract

Sources: Merger Agreement (Bear Stearns Companies Inc)

Exchange Agent. Prior to the Effective Time Time, Parent shall appoint a bank or trust company Subsidiary of Parent or another bank or trust company reasonably acceptable to Company, or Parent’s transfer agent, pursuant to an agreement (the “Exchange Agent Agreement”) Company to act as exchange agent (the "Exchange Agent") hereunderto receive the funds necessary to make the payments contemplated by Section 2.

Appears in 1 contract

Sources: Merger Agreement (Kiewit Materials Co)

Exchange Agent. Prior to the Effective Time Parent shall appoint a bank or trust company Subsidiary of Parent or another bank or trust company reasonably acceptable to 5 <PAGE> Company, or Parent’s 's transfer agent, pursuant to an agreement (the "Exchange Agent Agreement") to act as exchange agent (the "Exchange Agent") hereunder.

Appears in 1 contract

Sources: Merger Agreement

Exchange Agent. Prior to the Effective Time Time, Parent shall appoint designate a bank or trust company Subsidiary of Parent or another bank or trust company reasonably acceptable to Company, or Parent’s transfer agent, pursuant to an agreement (the “Exchange Agent Agreement”) Company to act as exchange agent in the Merger (the "Exchange Agent"). At or prior to the Effective Time, Parent or Purchaser shall deposit with the Exchange Agent the funds necessary to make the payments contemplated by Section 1.06(a) hereunderhereof (the "Exchange Fund").

Appears in 1 contract

Sources: Merger Agreement (Audio Communications Network Inc)

Exchange Agent. Prior to the Effective Time Time, Parent shall appoint a bank or trust company Subsidiary of Parent or another bank or trust company reasonably acceptable to Company, or Parent’s transfer agent, pursuant to an agreement (the “Exchange Agent Agreement”) to act as exchange agent (the “Exchange Agent”) hereunder.

Appears in 1 contract

Sources: Merger Agreement (Pma Capital Corp)

Exchange Agent. Prior to the Effective Time Time, Parent shall appoint a bank or trust company Subsidiary of Parent or another bank or trust company reasonably acceptable to the Company, or Parent’s transfer agent, pursuant to an agreement (reasonably acceptable to the “Exchange Agent Agreement”) Company to act as exchange agent (the “Exchange AgentAgent ”) hereunder.

Appears in 1 contract

Sources: Merger Agreement (Vought Aircraft Industries Inc)