Common use of Unclaimed Consideration Clause in Contracts

Unclaimed Consideration. Each holder of a Certificate or Company Option who has not theretofore complied with the exchange procedures set forth in and contemplated by this Section 1.4 shall look only to the Final Surviving Corporation (subject to abandoned property, escheat and similar Applicable Laws) for its claim, only as a general unsecured creditor thereof, to any portion of the Merger Consideration payable or issuable pursuant to Section 1.3(a) in respect of such Certificate or Company Option. Notwithstanding anything to the contrary contained herein, if any Certificate or Company Option has not been surrendered prior to the earlier of the first anniversary of the First Effective Time and such date on which the applicable portion of the Merger Consideration payable or issuable pursuant to Section 1.3(a) in respect of such Certificate or Company Option would otherwise escheat to, or become the property of, any Governmental Entity, any amounts payable in respect of such Certificate or Company Option shall, to the extent permitted by Applicable Law, become the property of Acquirer, but remain subject to claims or interests of any Person previously entitled thereto. The terms of the Company Option Plan permit the treatment of Company Options that is provided herein without: (i) notice to, or the consent or approval of, any of the Company Optionholders, the Company Stockholders or any other Person and (ii) without any acceleration of the exercise schedule or vesting provisions in effect for such Company Options.

Unclaimed Consideration. Each holder of a Certificate Certificate, Company Option or Company Option Warrant who has not theretofore complied with the exchange procedures set forth in and contemplated by this Section 1.4 shall look only to the Final Surviving Corporation Acquirer (subject to abandoned property, escheat and similar Applicable LawsLaw) for its claim, only as a general unsecured creditor thereof, to any portion of the Merger Consideration payable or issuable pursuant to Section 1.3(a) in respect of such Certificate Certificate, Company Option or Company OptionWarrant. Notwithstanding anything to the contrary contained herein, if any Certificate Certificate, Company Option or Company Option Warrant has not been surrendered prior to the earlier of the first anniversary of the First Effective Time and such date on which the applicable portion of the Merger Consideration payable or issuable pursuant to Section 1.3(a) in respect of such Certificate Certificate, Company Option or Company Option Warrant would otherwise escheat to, or become the property of, any Governmental Entity, any amounts payable in respect of such Certificate Certificate, Company Option or Company Option Warrant shall, to the extent permitted by Applicable Law, become the property of Acquirer, but remain subject to free and clear of all claims or interests of any Person previously entitled thereto. The terms of the Company Option Plan permit the treatment of Company Options that is provided herein without: (i) notice to, or the consent or approval of, any of the Company Optionholders, the Company Stockholders or any other Person and (ii) without any acceleration of the exercise schedule or vesting provisions in effect for such Company Options.

Unclaimed Consideration. Each holder of a Certificate or Company Option Warrant who has not theretofore complied with the exchange procedures set forth in and contemplated by this Section 1.4 shall look only to the Final Surviving Corporation Acquirer (subject to abandoned property, escheat and similar Applicable LawsLaw) for its claim, only as a general unsecured creditor thereof, to any portion of the Merger Consideration payable or issuable pursuant to Section 1.3(a) in respect of such Certificate or Company OptionWarrant. Notwithstanding anything to the contrary contained herein, if any Certificate or Company Option Warrant has not been surrendered prior to the earlier of the first anniversary of the First Effective Time and such date on which the applicable portion of the Merger Consideration payable or issuable pursuant to Section 1.3(a) in respect of such Certificate or Company Option Warrant would otherwise escheat to, or become the property of, any Governmental Entity, any amounts payable in respect of such Certificate or Company Option Warrant shall, to the extent permitted by Applicable Law, become the property of Acquirer, but remain subject to free and clear of all claims or interests of any Person previously entitled thereto. The terms of the Company Option Plan permit the treatment of Company Options that is provided herein without: (i) notice to, or the consent or approval of, any of the Company Optionholders, the Company Stockholders or any other Person and (ii) without any acceleration of the exercise schedule or vesting provisions in effect for such Company Options.

Unclaimed Consideration. Each holder of a Certificate Certificate, Company Option or Company Option Warrant who has not theretofore complied with the exchange procedures set forth in and contemplated by this Section 1.4 shall look only to the Final Surviving Corporation Acquirer (subject to abandoned property, escheat and similar Applicable LawsLaw) for its claim, only as a general unsecured creditor thereof, to any portion of the Merger Consideration payable or issuable pursuant to Section 1.3(a) in respect of such Certificate or Company Option. Notwithstanding anything to the contrary contained herein, if any Certificate or Company Option has not been surrendered prior to the earlier of the first anniversary of the First Effective Time and such date on which the applicable portion of the Merger Consideration payable or issuable pursuant to Section 1.3(a) in respect of such Certificate or Company Option would otherwise escheat to, or become the property of, any Governmental Entity, any amounts payable in respect of such Certificate or Company Option shall, to the extent permitted by Applicable Law, become the property of Acquirer, but remain subject to free and clear of all claims or interests of any Person previously entitled thereto. The terms of the Company Option Plan permit the treatment of Company Options that is provided herein without: (i) notice to, or the consent or approval of, any of the Company Optionholders, the Company Stockholders or any other Person and (ii) without any acceleration of the exercise schedule or vesting provisions in effect for such Company Options.