Cash Election Shares Equal to Total Cash Amount. If the Section 1.5(e) Cash Amount is equal or nearly equal (as determined by the Exchange Agent) to the Total Cash Amount, then subparagraphs (1) and (2) above shall not apply and all Cash Election Shares shall be converted into the right to receive the Per Share Cash Consideration and all Stock Election Shares and No Election Shares shall be converted into the right to receive the Per Share Stock Consideration.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Tower Bancorp Inc), Agreement and Plan of Merger (Susquehanna Bancshares Inc), Agreement and Plan of Merger (Susquehanna Bancshares Inc)
Cash Election Shares Equal to Total Cash Amount. If the Section 1.5(e2.03(e) Cash Amount is equal or nearly equal (as determined by the Exchange Agent) to the Total Cash Amount, then subparagraphs (1) and (2) above shall not apply and apply, all Cash Election Shares shall be converted into the right to receive the Per Share Cash Consideration and all Stock Election Shares and No Election Shares shall be converted into the right to receive the Per Share Stock Consideration. The pro rata selection process to be used by the Exchange Agent shall consist of such equitable pro ration processes as shall be mutually determined by Buyer and Seller.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Wesbanco Inc), Agreement and Plan of Merger (Wesbanco Inc)
Cash Election Shares Equal to Total Cash Amount. If the Section 1.5(e2.02(e) Cash Amount is equal or nearly equal (as determined by the Exchange Agent) to the Total Cash Amount, then subparagraphs (1) and (2) above shall not apply and apply, all Cash Election Shares shall be converted into the right to receive the Per Share Cash Consideration and all Stock Election Shares and No Election Shares shall be converted into the right to receive the Per Share Stock Consideration. The pro rata selection process to be used by the Exchange Agent shall consist of such equitable pro ration processes as shall be mutually determined by Buyer and Seller.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Wesbanco Inc), Agreement and Plan of Merger (Western Ohio Financial Corp)
Cash Election Shares Equal to Total Cash Amount. If the Section 1.5(e) aggregate cash amount that would be paid upon conversion in the Merger of the Cash Amount Election Shares is equal or nearly equal (as determined by the Exchange Agent) to the Total Cash Amount, then subparagraphs (1i) and (2ii) above shall not apply and all Cash Election Shares shall be converted into the right to receive the Per Share Cash Consideration and all Stock Election Shares and No Election Shares shall be converted into the right to receive the Per Share Stock Consideration.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Mercantile Bankshares Corp)
Cash Election Shares Equal to Total Cash Amount. If the Section 1.5(e) aggregate cash amount that would be paid upon conversion in the Merger of the Cash Amount Election Shares is equal or nearly equal (as determined by the Exchange Agent) to the Total Cash Amount, then subparagraphs (1a) and (2b) above shall not apply and all Cash Election Shares shall be converted into the right to receive the Per Share Cash Consideration and all Stock Election Shares and No Election Shares shall be converted into the right to receive the Per Share Stock Consideration.
Appears in 1 contract
