Termination of Exchange. Any certificates representing shares of AGH Common Stock deposited with the Exchange Agent pursuant to Section 2.2(a) and not exchanged within one year after the Effective Time pursuant to this Section 2.2 shall be returned by the Exchange Agent to AGH which shall thereafter act as Exchange Agent. All funds held by the Exchange Agent for payment to the holders of unsurrendered Certificates and unclaimed at the end of one year from the Effective Time shall be returned to AGH; after which time any holder of unsurrendered Certificates shall look only to AGH and be entitled to payment of such funds to which such holder may be due, subject to applicable law. AGH shall not be liable to any person for such shares or funds delivered to a public official pursuant to any applicable abandoned property, escheat or similar law. As used in this Agreement, the term "PERSON" shall mean any natural person, corporation, general or limited partnership, limited liability company, joint venture, trust, association, unincorporated organization or entity of any kind.
Appears in 2 contracts
Sources: Merger Agreement (American General Hospitality Corp), Merger Agreement (Capstar Hotel Co)