Election Deadline. A Form of Election must be received by the Exchange Agent by the close of business on the third business day prior to the Effective Time (the “Election Deadline”) in order to be effective. All elections will be irrevocable.
Election Deadline. Parent and the Company shall each use its best efforts to cause copies of the Form of Election to be mailed to the record holders of the Company Shares not less than thirty days prior to the Effective Time and to make the Form of Election available to all persons who become record holders of Company Shares subsequent to the date of such mailing and no later than the close of business on the seventh business day prior to the Effective Time. A Form of Election must be received by the Paying Agent by 5:00 p.m., New York City time, on the second day after the Effective Time (the "Election Deadline") in order to be effective. All elections may be revoked until the Election Deadline in writing by the record holders submitting Forms of Election.
Election Deadline. Any Election shall have been properly made and effective only if the Exchange Agent shall have actually received a properly completed Election Form by 5:00 P.M. Alaska time on or before the 30th day following the Mailing Date, or such later time and date as Northrim and Alaska Pacific may mutually agree prior to the Effective Time (the “Election Deadline”). An Election Form shall be deemed properly completed only if an Election is indicated for each Share covered by such Election Form and if accompanied by one or more Certificates (or customary affidavits and indemnification regarding the loss or destruction of such Certificates or the guaranteed delivery of such Certificates) representing all Shares covered by such Election Form, together with duly executed transmittal materials included in or required by the Election Form. Any Election Form may be revoked or changed by the Person submitting such Election Form at or prior to the Election Deadline. In the event an Election Form is revoked prior to the Election Deadline, the Shares represented by such Election Form shall automatically become Undesignated Shares unless and until a new Election is properly completed and made with respect to such Shares on or before the Election Deadline, and Northrim shall cause the Certificates representing such Shares to be promptly returned without charge to the Person submitting the revoked Election Form upon written request to that effect from the holder who submitted such Election Form. Subject to the terms of this Agreement and of the Election Form, the Exchange Agent shall have reasonable discretion to determine whether any Election Form, revocation or change has been properly or timely made and to disregard immaterial defects in the Election Forms, and any decisions of Northrim required by the Exchange Agent and made in good faith in determining such matters shall be binding and conclusive. Neither Northrim nor the Exchange Agent shall be under any obligation to notify any Person of any defect in an Election Form. Any termination of this Agreement in accordance with Article 10 shall result in a revocation of all Election Forms delivered to the Exchange Agent on or prior to the date of such termination. In the event of any termination of this Agreement in accordance with Article 10, the Exchange Agent shall return any Certificates delivered to the Exchange Agent on or prior to the date of such termination.
Election Deadline. 8 Employee......................................................................19
Election Deadline. .......... 2.2(b) Environmental Condition....................................... 3.1(q) Environmental Liabilities..................................... 3.1(q) Environmental Permit.......................................... 3.1(q) Environmental Laws............................................ 3.1(q) ERISA......................................................... 3.1(n) Exchange Act.................................................. 3.1(f) Exchange Agent................................................ 2.2(a) Exchange Fund................................................. 2.2(a) Exchange Ratio................................................ 2.1(c) Form of Election ............................................. 2.2(b) Governmental Entity........................................... 3.1(f) Hazardous Materials........................................... 3.1(q) hereof, herein and hereunder.................................. 9.4
Election Deadline. For any election contained herein to be considered, this Election Form, properly completed and signed, must be received by the exchange agent for the Merger, [●] (the “Exchange Agent”), at the address set forth on the front of this Election Form, no later than 5:00 P.M., Eastern Time, on [●], 2018 (the “Election Deadline”). The Exchange Agent, in its sole discretion, will determine whether any Election Form is received on a timely basis and whether an Election Form has been properly completed.
Election Deadline. 5 Elections...........................................4
Election Deadline. Tribune and the Company shall each use all reasonable best efforts to cause copies of the Form of Election to be mailed to the record holders of the Company Common Shares not less than thirty days prior to the Effective Time and to make the Form of Election available to all persons who become record holders of Company Common Shares subsequent to the date of such mailing and no later than the last business day prior to the Election Deadline. A Form of Election must be received by the Paying Agent by 5:00 p.m., New York City time, on the seventh business day after the Effective Time (the "ELECTION DEADLINE") in order to be effective. All elections may be revoked until the Election Deadline in writing by the record holders submitting Forms of Election.
Election Deadline. PennCorp and the Company shall each use its best efforts to mail the Form of Election, with a Joint Proxy Statement (as defined in Section 2.4), to the record holders of the Common Shares for the Stockholders Meeting (as defined in Section 4.2), and to all persons who become record holders of Common Shares during the period between the record date for the Stockholders Meeting and 10:00 a.m. New York time, on the date seven calendar days prior to the anticipated Effective Time and to make the Form of Election available to all persons who become record holders of Common Shares subsequent to such day and no later than the close of business on the business day prior to the Effective Time. A Form of Election must be received by the Paying Agent by 5:00 p.m., New York City time, on the last business day prior to the Effective Time (the "Election Deadline") in order to be effective. All elections may be revoked in writing by the record holders submitting Forms of Election until the Election Deadline.
Election Deadline. Not more than 90 days nor less than 20 Business Days prior to the Election Deadline, FirstEnergy shall cause copies of the Form of Election, together, in the case of holders of GPU Common Stock who became such after the record date for the meeting referred to therein, with a copy of the Joint Proxy Statement (as defined in Section 3.05), to be mailed to the holders of record of GPU Common Stock (as of a record date as close as practicable to the date of mailing and mutually agreed by GPU and FirstEnergy). FirstEnergy shall use best efforts to make the Form of Election, together with a copy of the Joint Proxy Statement, available to all persons who become record holders of GPU Common Stock subsequent to the record date with respect to such mailing and prior to the Election Deadline. A Form of Election must be received by the Exchange Agent by 5:00 p.m., New York City time, on the Business Day prior to the Effective Time (the "Election Deadline"), in order to be effective. All Elections may be revoked until the Election Deadline in writing by the record holders submitting Forms of Election. In addition, all Elections shall automatically be revoked if the Merger Agreement is terminated in accordance with Section 9.01. If an Election is revoked, the GPU Certificates (or guarantee of delivery, as applicable) to which the Election relates shall be promptly returned to the shareholder submitting those GPU Certificates in respect of such Election. Nothing contained herein shall be interpreted to prohibit a holder of shares of GPU Common Stock from making Cash Elections with respect to those shares.
