Common use of Return of Exchange Fund Clause in Contracts

Return of Exchange Fund. Any portion of the Exchange Fund ----------------------- that remains undistributed to the former stockholders of the Company for six months after the Effective Time shall be delivered to Parent, upon demand of Parent, and any such former stockholders who have not theretofore complied with this Article I shall thereafter look only to Parent for payment of their claim for Parent Common Stock, Algos Warrants and any dividends or distributions with respect to Parent Common Stock. Neither Parent nor either Constituent Corporation shall be liable to any former holder of Company Common Stock for any such shares of Parent Common Stock, Algos Warrants, cash and dividends and distributions held in the Exchange Fund which are delivered to a public official pursuant to any applicable abandoned property, escheat or similar law.

Return of Exchange Fund. Any portion of the Exchange Fund ----------------------- that which remains undistributed to the former stockholders shareholders of the Company for six months one year after the Effective Time shall be delivered to Parent, upon demand of Parent, and any such former stockholders shareholders who have not theretofore complied with this Article I shall thereafter look only to Parent for payment of their claim for Parent Common Stock, Algos Warrants any cash in lieu of fractional shares of Parent Common Stock and any dividends or distributions with respect to Parent Common Stock. Neither Parent nor either Constituent the Surviving Corporation shall be liable to any former holder of Company Common Stock for any such shares of Parent Common Stock, Algos Warrants, cash and dividends and distributions held in the Exchange Fund which are is delivered to a public official pursuant to any applicable abandoned property, escheat or similar law.

Return of Exchange Fund. Any portion of the Exchange Fund ----------------------- that which remains undistributed to the former stockholders of the Company for six months one year after the Effective Time shall be delivered to Parent, upon demand of Parent, and any such former stockholders who have not theretofore complied with this Article I shall thereafter look only to Parent for payment of their claim for Parent Common Stock, Algos Warrants any cash in lieu of fractional shares of Parent Common Stock and any dividends or distributions with respect to Parent Common Stock. Neither Parent nor either Constituent Corporation shall be liable to any former holder of Company Common Stock for any such shares of Parent Common Stock, Algos Warrants, cash and dividends and distributions held in the Exchange Fund which are is delivered to a public official pursuant to any applicable abandoned property, escheat or similar law.

Return of Exchange Fund. Any portion of the Exchange Fund ----------------------- that which remains undistributed to the former stockholders of the Company for six months after the Effective Time shall be delivered to Parent, upon demand of Parent, and any such former stockholders who have not theretofore complied with this Article I shall thereafter look only to Parent for payment of their claim for Parent Common Stock, Algos Warrants any cash in lieu of fractional shares of Parent Common Stock and any dividends or distributions with respect to Parent Common Stock. Neither Parent nor either Constituent the Surviving Corporation shall be liable to any former holder of Company Common Stock for any such shares of Parent Common Stock, Algos Warrants, cash and dividends and distributions held in the Exchange Fund which are is delivered to a public official 16 pursuant to any applicable abandoned property, escheat or similar law.

Return of Exchange Fund. Any portion of the Exchange Fund ----------------------- that remains undistributed to the former stockholders shareholders of the Company for six months one year after the Effective Time shall be delivered to Parent, upon demand of Parent, and any such former stockholders shareholders who have not theretofore complied with this Article I shall thereafter look only to Parent for payment of their claim for Parent Common StockUnits, Algos Warrants any cash payable pursuant to Sections 1.5(c) and 1.8 and any dividends or distributions with respect to Parent Common StockUnits. Neither Parent nor either Constituent None of Parent, Trust or the Surviving Corporation shall be liable to any former holder of Company Common Stock for any such shares of Parent Common Stock, Algos WarrantsUnits, cash and dividends and distributions held in the Exchange Fund which are that is delivered to a public official pursuant to any applicable abandoned property, escheat or similar law.

Return of Exchange Fund. Any portion of the Exchange Fund ----------------------- that which remains undistributed to the former stockholders shareholders of the Company for six months after the Effective Time shall be delivered to Parent, upon demand of Parent, and any such former stockholders shareholders who have not theretofore complied with this Article I shall thereafter look only to Parent for payment of their claim for Parent Common Stock, Algos Warrants any cash in lieu of fractional shares of Parent Common Stock and any dividends or distributions with respect to Parent Common Stock. Neither Parent nor either Constituent the Surviving Corporation shall be liable to any former holder of Company Common Stock for any such shares of Parent Common Stock, Algos Warrants, cash and dividends and distributions held in the Exchange Fund which are is delivered to a public official pursuant to any applicable abandoned property, escheat or similar law.

Return of Exchange Fund. Any portion of the Exchange Fund ----------------------- that which remains undistributed to the former stockholders of the Company for six months one year after the Effective Time shall be delivered to Parent, upon demand of Parent, and any such former stockholders who have not theretofore complied with this Article I shall thereafter look only to Parent for payment of their claim for Parent Common Stock, Algos Warrants any cash in lieu of fractional shares of Parent Common Stock and any dividends or distributions with respect to Parent Common Stock. Neither Parent nor either Constituent the Surviving Corporation shall be liable to any former holder of Company Common Stock for any such shares of Parent Common Stock, Algos Warrants, cash and dividends and distributions held in the Exchange Fund which are is delivered to a public official pursuant to any applicable abandoned property, escheat or similar law.

Return of Exchange Fund. Any portion of the Exchange Fund ----------------------- that remains undistributed to the former stockholders of the Company for six (6) months after the Effective Time shall be delivered to Parent, upon demand of Parent, and any such former stockholders who have not theretofore complied with this Article I shall thereafter look only to Parent for payment of their claim for Parent Common Stock, Algos Warrants any cash in lieu of fractional shares of Parent Common Stock and any dividends or distributions with respect to Parent Common Stock. Neither Parent nor either Constituent the Surviving Corporation shall be liable to any former holder of Company Common Capital Stock for any such shares of Parent Common Stock, Algos Warrants, cash and dividends and distributions held in the Exchange Fund which are is delivered to a public official pursuant to any applicable abandoned property, escheat or similar law.

Return of Exchange Fund. Any portion of the Exchange ----------------------- Fund ----------------------- that which remains undistributed to the former stockholders shareholders of the Company for six months after the Effective Time shall be delivered to Parent, upon demand of Parent, and any such former stockholders shareholders who have not theretofore complied with this Article I shall thereafter look only to Parent for payment of their claim for Parent Common Stock, Algos Warrants any cash in lieu of fractional shares of Parent Common Stock and any dividends or distributions with respect to Parent Common Stock. Neither Parent nor either Constituent the Surviving Corporation shall be liable to any former holder of Company Common Stock for any such shares of Parent Common Stock, Algos Warrants, cash and dividends and distributions held in the Exchange Fund which are is delivered to a public official pursuant to any applicable abandoned property, escheat or similar law.

Return of Exchange Fund. Any portion of the Exchange Fund ----------------------- that which remains undistributed to the former stockholders of the Company for six months one year after the Effective Time shall be delivered to Parent, upon demand of Parent, and any such former stockholders who have not theretofore complied with this Article I shall thereafter look only to Parent for payment of their claim for Parent Common Stock, Algos Warrants any cash in lieu of fractional shares of Parent Common Stock and any dividends or distributions with respect to Parent Common Stock. Neither Parent nor either Constituent the Surviving Corporation shall be liable to any former holder of Company Common Stock for any such shares of Parent Common Stock, Algos Warrants, cash and dividends and distributions held in the Exchange Fund which are is delivered to a public official pursuant to any applicable abandoned property, escheat or similar law.