Cash Elections Equal to the Total Cash Amount. If the Potential Cash Payment is equal or nearly equal (as determined by the Exchange Agent) to (but in no event in excess of) the Total Cash Amount, then subsections (A) and (B) above shall not apply and:
Appears in 4 contracts
Samples: Agreement and Plan of Merger (National Commerce Corp), Agreement and Plan of Merger (National Commerce Corp), Agreement and Plan of Merger (CenterState Banks, Inc.)