Common use of Surrender and Exchange of Certificates Clause in Contracts

Surrender and Exchange of Certificates. Promptly after the Effective Time and upon surrender of a certificate or certificates representing the NDI Shares that were outstanding immediately prior to the Effective Time or an affidavit and indemnification in form reasonably acceptable to counsel for the Company stating that such NDI Shareholders have lost their certificate or an affidavit or that such certificates have been destroyed, the Company shall issue to the NDI Shareholders surrendering such certificate(s) or affidavit, a certificate or certificates registered in the name of such NDI Shareholders representing the number of shares of the Merger Shares and such proportionate share of cash consideration that such NDI Shareholders shall be entitled to receive as set forth in Section 1.6(b). Until the certificate(s) is or are surrendered, each certificate(s) that immediately prior to the Effective Time represented any outstanding shares of NDI Shares shall be deemed at and after the Effective Time to represent only the right to receive upon surrender as aforesaid the Merger consideration as specified in Section 1.6(b) for the holder thereof or to perfect any rights of appraisal that such holder may have pursuant to the applicable provisions of the TBOC.

Surrender and Exchange of Certificates. Promptly after the Effective Time and upon (i) surrender of a certificate or certificates representing the NDI Shares shares of Company Common Units that were outstanding immediately prior to the Effective Time or an affidavit and indemnification in form reasonably acceptable to counsel for the Company Parent stating that such NDI Shareholders have Stockholder has lost their its certificate or an affidavit certificates or that such certificates have been destroyed, the Company Parent shall issue to each record holder of the NDI Shareholders Company Common Units surrendering such certificate(s) certificate or affidavitcertificates, a certificate or certificates registered in the name of such NDI Shareholders Stockholder representing the number of shares of the Merger Shares and such proportionate share of cash consideration Parent Common Stock that such NDI Shareholders Stockholder shall be entitled to receive as set forth in Section 1.6(b)1.5(a)(ii) hereof. Until the certificate(s) certificate, certificates or affidavit is or are surrenderedsurrendered as contemplated by this Section 1.6 and Section 4 hereof, each certificate(s) certificate or affidavit that immediately prior to the Effective Time represented any outstanding shares of NDI Shares Company Common Units shall be deemed at and after the Effective Time to represent only the right to receive upon surrender as aforesaid the Merger consideration as Parent Common Stock specified in Section 1.6(b) Schedule 1.5 hereof for the holder thereof or to perfect any rights of appraisal that which such holder may have pursuant to the applicable provisions of the TBOC.

Surrender and Exchange of Certificates. Promptly after the Effective Time and upon surrender of a certificate or certificates representing the NDI Driven Shares that were outstanding immediately prior to the Effective Time or an affidavit and indemnification in form reasonably acceptable to counsel for the Company stating that such NDI Driven Shareholders have lost their certificate or an affidavit or that such certificates have been destroyed, the Company shall issue to the NDI Driven Shareholders surrendering such certificate(s) or affidavit, a certificate or certificates registered in the name of such NDI Driven Shareholders representing the number of shares of the Merger Shares and such proportionate share of cash consideration that such NDI Driven Shareholders shall be entitled to receive as set forth in Section 1.6(b). Until the certificate(s) is or are surrendered, each certificate(s) that immediately prior to the Effective Time represented any outstanding shares of NDI Driven Shares shall be deemed at and after the Effective Time to represent only the right to receive upon surrender as aforesaid the Merger consideration as specified in Section 1.6(b) for the holder thereof or to perfect any rights of appraisal that such holder may have pursuant to the applicable provisions of the TBOC.N.R.S..

Surrender and Exchange of Certificates. Promptly after the Effective Time and upon surrender of a certificate or certificates representing the NDI HT Shares that were outstanding immediately prior to the Effective Time or an affidavit and indemnification in form reasonably acceptable to counsel for the Company stating that such NDI HT Shareholders have lost their certificate or an affidavit or that such certificates have been destroyed, the Company shall issue to the NDI HT Shareholders surrendering such certificate(s) or affidavit, a certificate or certificates registered in the name of such NDI HT Shareholders representing the number of shares of the Merger Shares and such proportionate share of cash consideration that such NDI HT Shareholders shall be entitled to receive as set forth in Section 1.6(b). Until the certificate(s) is or are surrendered, each certificate(s) that immediately prior to the Effective Time represented any outstanding shares of NDI HT Shares shall be deemed at and after the Effective Time to represent only the right to receive upon surrender as aforesaid the Merger consideration as specified in Section 1.6(b) for the holder thereof or to perfect any rights of appraisal that such holder may have pursuant to the applicable provisions of the TBOCNCBCA.

Surrender and Exchange of Certificates. Promptly after the Effective Time and upon surrender of a certificate or certificates representing the NDI I-ON Shares that were outstanding immediately prior to the Effective Time or an affidavit and indemnification in form reasonably acceptable to counsel for the Company stating that such NDI I-ON Shareholders have lost their certificate or an affidavit or that such certificates have been destroyed, the Company shall issue to the NDI I-ON Shareholders surrendering such certificate(s) or affidavit, a certificate or certificates registered in the name of such NDI I-ON Shareholders representing the number of shares of the Merger Shares and such proportionate share of cash consideration that such NDI I-ON Shareholders shall be entitled to receive as set forth in Section 1.6(b). Until the certificate(s) is or are surrendered, each certificate(s) that immediately prior to the Effective Time represented any outstanding shares of NDI I-ON Shares shall be deemed at and after the Effective Time to represent only the right to receive upon surrender as aforesaid the Merger consideration as specified in Section 1.6(b) for the holder thereof or to perfect any rights of appraisal that such holder may have pursuant to the applicable provisions of the TBOCNCBCA.