Lost Certificates. If any Certificate shall have been lost, stolen, defaced or destroyed, upon the making of an affidavit of that fact by the person claiming such Certificate to be lost, stolen, defaced or destroyed and, if required by Parent, the posting by such person of a bond in such reasonable amount as Parent may direct as indemnity against any claim that may be made against the Surviving Corporation with respect to such Certificate, the Paying Agent shall pay in respect of such lost, stolen, defaced or destroyed Certificate the Merger Consideration with respect to each share of Company Common Stock formerly represented by such Certificate.
Appears in 7 contracts
Sources: Merger Agreement (Ruby Merger Corp.), Merger Agreement (Ruby Merger Corp.), Merger Agreement (Ruby Merger Corp.)
Lost Certificates. If any Certificate shall have been lost, stolen, defaced stolen or destroyed, then, upon the making of an affidavit of that fact by the person Person claiming such Certificate to be lost, stolen, defaced stolen or destroyed and, if required by Parentthe Surviving Corporation, the posting by such person Person of a bond in such reasonable amount as Parent the Surviving Corporation may direct as indemnity against any claim that may be made against the Surviving Corporation it with respect to such Certificate, the Paying Agent shall pay deliver in respect of exchange for such lost, stolen, defaced stolen or destroyed Certificate the applicable Merger Consideration with respect to each share the shares of Company Common Stock formerly represented by such Certificatethereby.
Appears in 6 contracts
Sources: Merger Agreement (National Dentex Corp /Ma/), Merger Agreement (Cenveo, Inc), Merger Agreement (Johnson Controls Inc)
Lost Certificates. If any Certificate shall have been lost, stolen, defaced stolen or destroyed, upon the making of an affidavit of that fact by the person Person claiming such Certificate to be lost, stolen, defaced stolen or destroyed and, if required by Parentthe Surviving Corporation, the posting by such person Person of a bond in such reasonable amount as Parent the Surviving Corporation may direct require as indemnity against any claim that may be made against the Surviving Corporation it with respect to such Certificate, the Paying Exchange Agent shall pay will issue in respect of exchange for such lost, stolen, defaced stolen or destroyed Certificate the Merger Consideration with payable pursuant to this Agreement in respect to each share of the shares of Company Common Stock formerly represented by such Certificate.
Appears in 5 contracts
Sources: Merger Agreement (Westaff Inc), Merger Agreement (Sorensen Trust), Merger Agreement (Ace Cash Express Inc/Tx)
Lost Certificates. If any Certificate shall have been lost, stolen, defaced stolen or destroyed, upon the making of an affidavit of that fact by the person Person claiming such Certificate to be lost, stolenstolen or destroyed, defaced or destroyed and, if reasonably required by the Parent, the posting by such person Person of a bond in such reasonable and customary amount as the Parent may direct as indemnity against any claim that may be made against the Surviving Corporation it with respect to such Certificate, the Paying Agent shall pay pay, in exchange for such lost, stolen or destroyed Certificate, the Merger Consideration to be paid in respect of such lost, stolen, defaced or destroyed Certificate the Merger Consideration with respect to each share shares of Company Common Stock formerly represented by such Certificatethereby pursuant to this Agreement.
Appears in 5 contracts
Sources: Merger Agreement (Cynergistek, Inc), Merger Agreement (Intricon Corp), Merger Agreement (Staples Inc)
Lost Certificates. If any Certificate shall have been lost, stolen, defaced stolen or destroyed, upon the making of an affidavit of that fact by the person Person claiming such Certificate to be lost, stolen, defaced stolen or destroyed and, if required by Parentthe Surviving Corporation, the posting by such person Person of a bond in such reasonable amount as Parent the Surviving Corporation may direct as indemnity against any claim that may be made against the Surviving Corporation it with respect to such CertificateCertificate or other documentation (including an indemnity in customary form) reasonably requested by Parent, the Paying Exchange Agent shall pay will deliver in respect of exchange for such lost, stolen, defaced stolen or destroyed Certificate the applicable Merger Consideration with respect to each share the shares of Company Common Stock formerly represented by such Certificatethereby.
Appears in 5 contracts
Sources: Merger Agreement (Franklin Resources Inc), Merger Agreement (Legg Mason, Inc.), Merger Agreement (Integra Lifesciences Holdings Corp)
Lost Certificates. If In the case of any Certificate shall have that has been lost, stolen, defaced stolen or destroyed, upon on the making of an affidavit of that fact by the person Person claiming such Certificate to be lost, stolen, defaced stolen or destroyed and, if required by the Paying Agent or Parent, the posting by such person Person of a bond in such reasonable customary amount as Parent may direct as indemnity against any claim that may be made against the Surviving Corporation it with respect to such Certificate, the Paying Agent shall pay issue in respect of exchange for such lost, stolen, defaced stolen or destroyed Certificate the Merger Consideration payable in accordance with Section 1.4(b) with respect to each share the shares of Company Common Stock formerly represented by such lost, stolen or destroyed Certificate.
Appears in 4 contracts
Sources: Merger Agreement (UserTesting, Inc.), Merger Agreement (Sailpoint Technologies Holdings, Inc.), Merger Agreement (Sailpoint Technologies Holdings, Inc.)
Lost Certificates. If any Certificate certificate formerly representing Company Common Stock shall have been lost, stolen, defaced stolen or destroyed, upon the making of an affidavit of that fact by the person Person claiming such Certificate certificate to be lost, stolen, defaced stolen or destroyed and, if required by Parentthe Surviving Corporation, the posting by such person Person of a bond bond, in such reasonable amount as Parent the Surviving Corporation may direct direct, as indemnity against any claim that may be made against the Surviving Corporation it with respect to such Certificatecertificate, the Paying Exchange Agent shall pay pay, in respect of exchange for such lost, stolen, defaced stolen or destroyed Certificate certificate, the Per Share Merger Consideration with to be paid in respect to each share of Company Common Stock formerly represented by such Certificatecertificate, as contemplated by this Article III.
Appears in 4 contracts
Sources: Merger Agreement (Great Atlantic & Pacific Tea Co Inc), Merger Agreement (Pathmark Stores Inc), Merger Agreement (Grubb & Ellis Co)
Lost Certificates. If any Certificate shall have been lost, stolen, defaced or destroyed, upon the making of an affidavit of that fact by the person claiming such Certificate to be lost, stolen, defaced or destroyed and, if reasonably required by Parentthe Surviving Corporation, the posting by such person of a bond in such reasonable amount as Parent the Surviving Corporation may direct as indemnity against any claim that may be made against the Surviving Corporation it with respect to such Certificate, the Paying Exchange Agent shall pay in respect of such lost, stolen, defaced or destroyed Certificate the Merger Consideration with respect to each share of Company Common Stock formerly represented by such Certificate.
Appears in 4 contracts
Sources: Merger Agreement (Whirlpool Corp /De/), Merger Agreement (Whirlpool Corp /De/), Merger Agreement (Maytag Corp)
Lost Certificates. If any Certificate shall have been lost, stolen, defaced or destroyed, upon the making of an affidavit of that fact by the person claiming such Certificate to be lost, stolen, defaced or destroyed and, if reasonably required by Parentthe Surviving Corporation, the posting by such person of a bond in such reasonable amount as Parent the Surviving Corporation may direct as indemnity against any claim that may be made against the Surviving Corporation it with respect to such Certificate, the Paying Agent shall pay in respect of such lost, stolen, defaced or destroyed Certificate the Merger Consideration with respect to each share of Company Common Stock formerly represented by such Certificate.
Appears in 4 contracts
Sources: Merger Agreement (Blyth Inc), Merger Agreement (Jameson Inns Inc), Merger Agreement (Bestfoods)
Lost Certificates. If any Certificate shall have been lost, stolen, defaced or destroyed, upon the making of an affidavit of that fact by the person claiming such Certificate to be lost, stolen, defaced or destroyed and, if reasonably required by Parentthe Surviving Corporation, the posting by such person of a bond in such reasonable amount as Parent the Surviving Corporation may direct as indemnity against any claim that may be made against the Surviving Corporation it with respect to such Certificate, the applicable Paying Agent shall pay in respect of such lost, stolen, defaced or destroyed Certificate the Merger Consideration with respect to each share of Company Common Stock formerly represented by such Certificate.
Appears in 3 contracts
Sources: Merger Agreement (Metaldyne Corp), Agreement and Plan of Merger (Masco Corp /De/), Agreement and Plan of Merger (Credit Suisse/)
Lost Certificates. If any Certificate shall have been lost, stolen, defaced stolen or destroyed, upon the making of an affidavit of that fact by the person Person claiming such Certificate to be lost, stolen, defaced stolen or destroyed and, if reasonably required by the Parent, the posting by such person Person of a bond in such reasonable amount as the Parent may direct as indemnity against any claim that may be made against it or the Surviving Corporation with respect to such Certificate, the Paying Agent shall pay pay, in exchange for such lost, stolen or destroyed Certificate, the Merger Consideration to be paid in respect of such lost, stolen, defaced or destroyed Certificate the Merger Consideration with respect to each share shares of Company Common Stock formerly represented by such Certificatethereby pursuant to this Agreement.
Appears in 3 contracts
Sources: Merger Agreement (Covidien PLC), Merger Agreement (Aspect Medical Systems Inc), Merger Agreement (Aspect Medical Systems Inc)
Lost Certificates. If any Company Stock Certificate shall have been lost, stolen, defaced stolen or destroyed, upon the making of an affidavit of that fact by the person claiming such Company Stock Certificate to be lost, stolen, defaced stolen or destroyed and, if required by ParentParent or the Paying Agent, the posting by such person of a bond in such reasonable and customary amount as Parent or the Paying Agent may direct as indemnity against any claim that may be made against the Surviving Corporation it with respect to such Company Stock Certificate, the Paying Agent shall pay deliver in respect of exchange for such lost, stolen, defaced stolen or destroyed Company Stock Certificate the applicable Merger Consideration with respect to each share of Company Common Stock formerly represented by such CertificateConsideration.
Appears in 2 contracts
Sources: Merger Agreement (C & F Financial Corp), Merger Agreement (Smithfield Foods Inc)
Lost Certificates. If any Stock Certificate shall have been lost, stolen, defaced or destroyed, upon the making of an affidavit of that fact by the person claiming such Stock Certificate to be lost, stolen, defaced or destroyed and, if reasonably required by ParentExchange Agent, the posting by such person of a bond in such reasonable amount as Parent Exchange Agent may direct as indemnity against any claim that may be made against the Surviving Corporation it with respect to such Stock Certificate, the Paying Exchange Agent shall pay in respect of such lost, stolen, defaced or destroyed Stock Certificate the Merger Consideration with respect to each share of Company Common Stock formerly represented by such Stock Certificate.
Appears in 2 contracts
Sources: Merger Agreement (Crested Corp), Merger Agreement (Us Energy Corp)
Lost Certificates. If any Certificate shall have been lost, stolen, defaced or destroyed, upon the making of an affidavit of that fact by the person Person claiming such Certificate to be lost, stolen, defaced or destroyed and, if required by Parent, the posting by such person Person of a bond or the provision of other satisfactory indemnity in such reasonable amount as Parent may direct as indemnity against any claim that may be made against the Surviving Corporation with respect to such Certificate, the Paying Agent shall pay in respect of such lost, stolen, defaced or destroyed Certificate the Merger Consideration with respect to each share of Company Common Stock Share formerly represented by such Certificate.
Appears in 2 contracts
Sources: Merger Agreement (Edo Corp), Merger Agreement (Itt Corp)
Lost Certificates. If any Certificate shall have been lost, stolen, defaced stolen or destroyed, upon the making of an affidavit of that fact by the person Person claiming such Certificate to be lost, stolenstolen or destroyed, defaced or destroyed and, if required by Parent, the posting by such person Person of a bond in such reasonable amount as Parent may direct as indemnity against any claim that may be made against the Surviving Corporation it with respect to such Certificate, the Paying Exchange Agent shall pay pay, in exchange for such lost, stolen or destroyed Certificate, the Merger Consideration, as applicable, to be paid pursuant to this Agreement in respect of such lost, stolen, defaced or destroyed Certificate the Merger Consideration with respect to each share shares of Company Common Stock formerly represented by such Certificate.
Appears in 2 contracts
Sources: Merger Agreement (Symbol Technologies Inc), Merger Agreement (Motorola Inc)
Lost Certificates. If any Certificate shall have been lost, stolen, defaced stolen or destroyed, upon the making of an affidavit of that fact by the person Person claiming such Certificate to be lost, stolen, defaced stolen or destroyed and, if required by Parentthe Surviving Corporation, the posting by such person Person of a bond in such reasonable amount as Parent the Surviving Corporation may direct direct, as indemnity against any claim that may be made against the Surviving Corporation it with respect to such Certificate, the Paying Agent shall pay and deliver in respect of exchange for such lost, stolen, defaced stolen or destroyed Certificate the Merger Consideration with to be paid in respect to each share of the shares of Company Common Stock formerly represented by such Certificate.
Appears in 2 contracts
Sources: Merger Agreement (Investors Heritage Capital Corp), Merger Agreement (RealD Inc.)
Lost Certificates. If any Certificate shall have been lost, stolen, defaced stolen or destroyed, upon the making of an affidavit of that fact by the person Person claiming such Certificate to be lost, stolen, defaced stolen or destroyed in form and substance acceptable to Parent and, if required by Parent, the posting by such person Person of a bond bond, in such reasonable amount as Parent may direct direct, as indemnity against any claim that may be made against the Surviving Corporation it with respect to such Certificate, the Paying Exchange Agent or Parent, as applicable, shall pay in respect of exchange for such lost, stolen, defaced stolen or destroyed Certificate the Merger Consideration with and cash in lieu of fractional shares payable in respect to each share of the shares of Company Common Stock formerly represented by such Certificate.
Appears in 2 contracts
Sources: Merger Agreement (Bancorp of New Jersey, Inc.), Merger Agreement (ConnectOne Bancorp, Inc.)
Lost Certificates. If any Certificate shall have been lost, stolen, defaced stolen or destroyed, then, upon the making of an affidavit of that fact by the person Person claiming such Certificate to be lost, stolen, defaced stolen or destroyed and, if reasonably required by Parentthe Surviving Corporation, the posting by such person Person of a bond in such reasonable amount as Parent the Surviving Corporation may direct as indemnity against any claim that may be made against the Surviving Corporation it with respect to such Certificate, the Paying Agent shall pay deliver in respect of exchange for such lost, stolen, defaced stolen or destroyed Certificate the applicable Merger Consideration Consideration, with any interest thereon, with respect to each share the shares of Company Common Stock formerly represented by such Certificatethereby.
Appears in 2 contracts
Sources: Merger Agreement (Journal Media Group, Inc.), Merger Agreement (Gannett Co., Inc.)
Lost Certificates. If any Certificate shall have been lost, stolen, defaced stolen or destroyed, upon the making of an affidavit of that fact by the person claiming such Certificate to be lost, stolen, defaced stolen or destroyed and, if required by Parentthe Surviving Corporation, the posting by such person of a bond in such reasonable amount as Parent the Surviving Corporation may direct direct, as indemnity against any claim that may be made against the Surviving Corporation it with respect to such Certificate, the Paying Agent shall pay and deliver in respect of exchange for such lost, stolen, defaced stolen or destroyed Certificate the Merger Consideration with to be paid in respect to each share of the shares of Company Common Stock formerly represented by such Certificate.
Appears in 2 contracts
Sources: Merger Agreement (Spectranetics Corp), Merger Agreement (Thermo Fisher Scientific Inc.)
Lost Certificates. If any Certificate certificate shall have been lost, stolen, defaced stolen or destroyed, upon the making of an affidavit of that fact by the person Person claiming such Certificate certificate to be lost, stolen, defaced stolen or destroyed in form and substance acceptable to Parent and, if required by ParentParent or the Paying Agent, the posting by such person Person of a bond bond, in such reasonable amount as Parent may direct direct, as indemnity against any claim that may be made against the Surviving Corporation it with respect to such Certificatecertificate, the Paying Agent shall pay in respect of exchange for such lost, stolen, defaced stolen or destroyed Certificate certificate the Merger Consideration with consideration payable pursuant to Section
2.1 hereof in respect to each share of the shares of Company Common Stock formerly represented by such Certificatecertificate.
Appears in 1 contract
Lost Certificates. If any Certificate shall have been lost, stolen, defaced stolen or destroyed, upon the making of an affidavit of that fact by the person claiming such Certificate to be lost, stolen, defaced stolen or destroyed and, if required by Parent, the posting by such person of a bond bond, in such reasonable amount as Parent may direct direct, as indemnity against any claim that may be made against the Surviving Corporation it with respect to such Certificate, the Paying Agent shall pay or, if the Exchange Fund has been delivered to Parent, Parent will issue in respect of exchange for such lost, stolen, defaced stolen or destroyed Certificate the Merger Consideration with that such person has the right to receive in respect to each share of the Company Common Stock formerly represented by such Certificate.
Appears in 1 contract
Lost Certificates. If any Certificate shall have been lost, stolen, defaced stolen or destroyed, upon the making of an affidavit of that fact by the person claiming such Certificate to be lost, stolen, defaced stolen or destroyed and, if reasonably required by Parent, the posting by such person of a bond in such a reasonable amount as Parent may direct and for a reasonable period of time as indemnity against any claim that may be made against Parent or the Surviving Corporation with respect to such Certificate, the Paying Agent shall pay will deliver in respect of exchange for such lost, stolen, defaced stolen or destroyed Certificate the applicable Per Share Merger Consideration Consideration, without interest, with respect to each share the shares of Company Common Stock formerly represented by such Certificatethereby.
Appears in 1 contract
Sources: Merger Agreement (Neoforma Inc)
Lost Certificates. If any Certificate shall have been lost, stolen, defaced stolen or destroyed, upon the making of an affidavit of that fact by the person claiming such Certificate to be lost, stolen, defaced stolen or destroyed and, if reasonably required by Parent, the posting by such person of a bond in such a reasonable amount as Parent may direct and for a reasonable period of time as indemnity against any claim that may be made against Parent or the Surviving Corporation with respect to such Certificate, the Paying Agent shall pay will deliver in respect of exchange for such lost, stolen, defaced stolen or destroyed Certificate the Merger Consideration applicable Cash Consideration, without interest, with respect to each share the shares of Company Common Stock formerly represented by such Certificatethereby.
Appears in 1 contract
Lost Certificates. If any Company Certificate shall have been lost, stolen, defaced stolen or destroyed, upon the making of an affidavit of that fact by the person Person claiming such the Company Certificate to be lost, stolen, defaced stolen or destroyed and, if required by ParentParent or the Exchange Agent, the posting by such person Person of a bond in such reasonable amount as Parent or the Exchange Agent may direct as indemnity against any claim that may be made against the Surviving Corporation it with respect to such the Company Certificate, the Paying Exchange Agent shall pay will deliver in respect of exchange for such lost, stolen, defaced or destroyed the Company Certificate the applicable Merger Consideration with respect to each share the shares of the Company Common Stock formerly represented by such Certificatethereby.
Appears in 1 contract
Lost Certificates. If any Certificate shall have been lost, stolen, defaced or destroyed, upon the making of an affidavit of that fact by the person Person claiming such Certificate to be lost, stolen, defaced or destroyed and, if reasonably required by Parentthe Surviving Corporation, the posting by such person Person of a bond in such reasonable amount as Parent the Surviving Corporation may direct as indemnity against any claim that may be made against the Surviving Corporation it with respect to such Certificate, the Paying Exchange Agent shall pay in respect of such lost, stolen, defaced or destroyed Certificate the Merger Consideration with respect to each share of Company Common Stock formerly represented by such Certificate.
Appears in 1 contract
Lost Certificates. If any Certificate shall have been is lost, stolen, defaced or destroyed, upon the making of an affidavit of that fact by the person Person claiming such Certificate to be lost, stolen, defaced or destroyed and, if reasonably required by Parentthe Surviving Corporation, the posting by such person Person of a bond in such reasonable amount as Parent the Surviving Corporation may direct as indemnity against any claim that may be made against the Surviving Corporation it with respect to such Certificate, the Paying Agent shall will pay in respect of such lost, stolen, defaced or destroyed Certificate the Merger Consideration with respect to each share of Company Common Stock formerly represented by such Certificate.
Appears in 1 contract
Lost Certificates. If any Certificate shall have been lost, stolen, defaced stolen or destroyed, upon the making of an affidavit of that fact by the person record holder claiming such Certificate to be lost, stolen, defaced stolen or destroyed and, if required by ParentParent or the Surviving Corporation, the posting by such person record holder of a bond bond, in such reasonable amount as Parent the Surviving Corporation may direct direct, as indemnity against any claim that may be made against the Surviving Corporation it with respect to such Certificate, the Paying Disbursing Agent shall pay will issue in respect of exchange for such lost, stolen, defaced stolen or destroyed Certificate the Merger Consideration with to be paid in respect to each share of the Company Common Stock formerly Shares represented by such CertificateCertificate as contemplated by this Article III.
Appears in 1 contract
Sources: Merger Agreement (Iomed Inc)
Lost Certificates. If any Certificate shall have been lost, stolen, ------------------ defaced or destroyed, upon the making of an affidavit of that fact by the person claiming such Certificate to be lost, stolen, defaced or destroyed and, if required by Parent, the posting by such person of a bond in such reasonable amount as Parent may direct as indemnity against any claim that may be made against the Surviving Corporation with respect to such Certificate, the Paying Agent shall pay in respect of such lost, stolen, defaced or destroyed Certificate the Merger Consideration with respect to each share of Company Common Stock formerly represented by such Certificate.
Appears in 1 contract
Lost Certificates. If any Certificate shall have been lost, stolen, defaced stolen or destroyed, then, upon the making of an affidavit of that fact by the person Person claiming such Certificate to be lost, stolen, defaced stolen or destroyed and, if required by Parentthe Surviving Corporation, the posting by such person Person of a bond in such reasonable amount as Parent the Surviving Corporation may direct as indemnity against any claim that may be made against the Surviving Corporation it with respect to such Certificate, the Paying Agent shall pay deliver in respect of exchange for such lost, stolen, defaced stolen or destroyed Certificate the applicable Merger Consideration Consideration, without any interest thereon, with respect to each share the shares of Company Common Stock formerly represented by such Certificatethereby.
Appears in 1 contract
Lost Certificates. If any Certificate shall have been lost, stolen, defaced or destroyed, upon the making of an affidavit of that fact by the person Person claiming such Certificate to be lost, stolen, defaced or destroyed and, if reasonably required by Parentthe Surviving Corporation, the posting by such person Person of a bond in such reasonable amount as Parent the Surviving Corporation may direct as indemnity against any claim that may be made against the Surviving Corporation it with respect to such Certificate, the Paying Agent shall pay in respect of such lost, stolen, defaced or destroyed Certificate the Merger Consideration with respect to each share of Company Common Stock formerly represented by such Certificate.
Appears in 1 contract
Lost Certificates. If any Certificate shall have been lost, stolen, defaced stolen or destroyed, upon the making of an affidavit of that fact by the person Person claiming such Certificate to be lost, stolen, defaced stolen or destroyed and, if required by Parentthe Surviving Corporation, the posting by such person Person of a bond in such reasonable amount as Parent the Surviving Corporation may direct as indemnity against any claim that may be made against the Surviving Corporation it with respect to such Certificate, the Paying Payment Agent shall pay deliver in exchange for such lost, stolen or destroyed Certificate, in accordance with this Article II, the Merger Consideration to be paid in respect of such lost, stolen, defaced or destroyed Certificate the Merger Consideration with respect to each share shares of Company Common Stock formerly represented by such CertificateCertificate pursuant to Section 2.1(c).
Appears in 1 contract
Lost Certificates. If any Certificate shall have been lost, stolen, defaced stolen or destroyed, then, upon the making of an affidavit of that fact by the person Person claiming such Certificate to be lost, stolen, defaced stolen or destroyed and, if required by Parentthe Surviving Corporation, the posting by such person Person of a bond in such reasonable amount as Parent the Surviving Corporation may direct as indemnity against any claim that may be made against the Surviving Corporation it with respect to such Certificate, the Paying Agent shall pay deliver in respect of exchange for such lost, stolen, defaced stolen or destroyed Certificate the applicable Per Share Merger Consideration with respect to each share the shares of Company Common Stock formerly represented by such Certificatethereby.
Appears in 1 contract
Lost Certificates. If any Certificate shall have been lost, stolen, defaced stolen or destroyed, upon the making of an affidavit of that fact by the person Person claiming such Certificate to be lost, stolenstolen or destroyed, defaced or destroyed and, if reasonably required by Parent, the posting by such person Person of a bond in such reasonable and customary amount as Parent may direct as indemnity against any claim that may be made against the Surviving Corporation it with respect to such Certificate, the Paying Agent and the DAP Right Rights Agent shall pay pay, in exchange for such lost, stolen or destroyed Certificate, the Merger Consideration to be paid in respect of such lost, stolen, defaced or destroyed Certificate the Merger Consideration with respect to each share shares of Company Common Stock formerly represented by such Certificatethereby pursuant to this Agreement.
Appears in 1 contract
Lost Certificates. If any Certificate shall have been lost, stolen, defaced stolen or destroyed, then, upon the making of an affidavit of that fact by the person Person claiming such Certificate to be lost, stolen, defaced stolen or destroyed and, if required by Parentthe Surviving Corporation, the posting by such person Person of a bond in such reasonable amount as Parent the Surviving Corporation may direct require as indemnity against any claim that may be made against the Surviving Corporation it with respect to such Certificate, the Paying Agent shall pay deliver in respect of exchange for such lost, stolen, defaced stolen or destroyed Certificate the Merger Consideration with payable pursuant to this Agreement in respect to each share of the shares of Company Common Stock formerly represented by such Certificate.
Appears in 1 contract
Sources: Merger Agreement (MEDecision, Inc.)
Lost Certificates. If any Certificate shall have been lost, stolen, defaced or destroyed, upon the making of an affidavit of that fact by the person Person claiming such Certificate to be lost, stolen, defaced or destroyed and, if required by Parent, the posting by such person Person of a bond in such reasonable amount as Parent may direct as indemnity against any claim that may be made against the Surviving Corporation with respect to such Certificate, the Paying Agent shall pay in respect of such lost, stolen, defaced or destroyed Certificate the Merger Consideration with respect to each share of Company Common Stock formerly represented by such Certificate.
Appears in 1 contract
Lost Certificates. If any Certificate shall have been lost, stolen, defaced or destroyed, upon the making of an affidavit of that fact by the person Person claiming such Certificate to be lost, stolen, defaced or destroyed and, if required by Parent, the posting by such person Person of a bond bond, in such customary form and reasonable amount as Parent may direct direct, as indemnity against any claim that may be made against the Surviving Corporation it with respect to such Certificate, the Paying Agent shall pay will issue, in respect of exchange for such lost, stolen, defaced or destroyed Certificate Certificate, the Merger Consideration with to be paid in respect to each share of the shares of Company Common Stock formerly represented by such CertificateCertificate as contemplated under this ARTICLE II.
Appears in 1 contract
Lost Certificates. If any Certificate shall have been lost, stolen, defaced stolen or destroyed, then, upon the making of an affidavit of that fact by the person Person claiming such Certificate to be lost, stolen, defaced stolen or destroyed and, if reasonably required by Parentthe Surviving Corporation, the posting by such person Person of a bond in such reasonable amount as Parent the Surviving Corporation may direct as indemnity against any claim that may be made against the Surviving Corporation it with respect to such Certificate, the Paying Agent shall pay deliver in respect of exchange for such lost, stolen, defaced stolen or destroyed Certificate the applicable Merger Consideration with respect to each share the shares of Company Common Stock formerly represented by such Certificatethereby.
Appears in 1 contract
Lost Certificates. If any Certificate shall have been lost, stolen, defaced stolen or destroyed, upon the making of an affidavit of that fact by the person claiming such Certificate to be lost, stolen, defaced stolen or destroyed and, if required by Parent, as indemnifying Parent and the posting by such person of a bond in such reasonable amount as Parent may direct as indemnity Surviving Corporation against any claim that may be made against Parent or the Surviving Corporation with respect to such Certificate, the Paying Agent shall pay will pay, in exchange for such lost, stolen or destroyed Certificate, applicable Per Share Common Stock Merger Consideration or the Per Share Preferred Stock the Merger Consideration to be paid in respect of such lost, stolen, defaced or destroyed Certificate the Merger Consideration with respect to each share shares of Company Common Capital Stock formerly represented by such Certificate, as contemplated by this Agreement.
Appears in 1 contract
Lost Certificates. If any Certificate shall have been lost, stolen, defaced stolen or destroyed, upon the making of an affidavit of that fact by the person Person claiming such Certificate to be lost, stolenstolen or destroyed, defaced or destroyed and, if reasonably required by Parentthe Parent with respect to Merger Consideration in excess of $35,000, the posting by such person Person of a bond in such reasonable and customary amount as the Parent may direct as indemnity against any claim that may be made against the Surviving Corporation it with respect to such Certificate, the Paying Agent shall pay pay, in exchange for such lost, stolen or destroyed Certificate, the Merger Consideration to be paid in respect of such lost, stolen, defaced or destroyed Certificate the Merger Consideration with respect to each share shares of Company Common Stock formerly represented by such Certificatethereby pursuant to this Agreement.
Appears in 1 contract
Sources: Merger Agreement (Analogic Corp)