Common use of Unclaimed Consideration Clause in Contracts

Unclaimed Consideration. Each holder of a Certificate who has not theretofore complied with the exchange procedures set forth in and contemplated by this Section 1.4 shall look only to Acquirer (subject to abandoned property, escheat and similar Applicable Law) for such holder’s claim, only as a general unsecured creditor of Acquirer, to any portion of the Merger Consideration payable pursuant to Section 1.3(a) in respect of such Certificate. Notwithstanding anything to the contrary contained herein, if any Certificate has not been surrendered prior to the earlier of the first anniversary of the Effective Time and such date on which the applicable portion of the Merger Consideration payable pursuant to Section 1.3(a) in respect of such Certificate would otherwise escheat to, or become the property of, any Governmental Entity, any amounts payable in respect of such Certificate shall, to the extent permitted by Applicable Law, become the property of Acquirer, free and clear of all claims or interests of any Person previously entitled thereto.

Unclaimed Consideration. Each holder of a Certificate Company Unit who has not theretofore complied with the exchange procedures set forth in and contemplated by this Section 1.4 shall look only to Acquirer (subject to abandoned property, escheat and similar Applicable Law) for such holder’s its claim, only as a general unsecured creditor of Acquirerthereof, to any portion of the Merger Consideration payable or issuable pursuant to Section 1.3(a) in respect of such CertificateCompany Unit. Notwithstanding anything to the contrary contained herein, if any Certificate Company Unit has not been surrendered prior to the earlier of the first anniversary of the 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 Company Unit would otherwise escheat to, or become the property of, any Governmental Entity, any amounts payable in respect of such Certificate Company Unit shall, to the extent permitted by Applicable Law, become the property of Acquirer, free and clear of all claims or interests of any Person previously entitled thereto.

Unclaimed Consideration. Each holder of a Certificate who has not theretofore complied with the exchange procedures set forth in and contemplated by this Section 1.4 shall look only to Acquirer (subject to abandoned property, escheat and similar Applicable Law) for such holder’s its claim, only as a general unsecured creditor of Acquirerthereof, to any portion of the Merger Aggregate Stock Consideration payable issuable pursuant to Section 1.3(a1.3(a)(i) in respect of such Certificate. Notwithstanding anything to the contrary contained herein, if any Certificate has not been surrendered prior to the earlier of the first anniversary of the Effective Time and such date on which the applicable portion of the Merger Aggregate Stock Consideration payable issuable pursuant to Section 1.3(a1.3(a)(i) in respect of such Certificate would otherwise escheat to, or become the property of, any Governmental Entity, any amounts payable shares issuable in respect of such Certificate shall, to the extent permitted by Applicable Law, become the property of Acquirer, free and clear of all claims or interests of any Person previously entitled thereto.