Effective Election. Any Election shall be properly made only if the Exchange Agent shall have actually received a properly completed Election Form by the Election Deadline. Any Election Form may be revoked or changed by the Person submitting such Election Form to the Exchange Agent by written notice to the Exchange Agent only if such written notice is actually received by the Exchange Agent at or prior to the Election Deadline. The Exchange Agent shall have reasonable discretion to (i) determine whether any Election, modification or revocation is received, (ii) determine whether any Election, modification or revocation has been properly made, and (iii) disregard immaterial defects in any Election Form. Good faith determinations made by the Exchange Agent regarding such matters shall be binding and conclusive. Neither National Penn, TF Financial nor the Exchange Agent shall be under any obligation to notify any Person of any defect in an Election Form.
Appears in 2 contracts
Sources: Merger Agreement (National Penn Bancshares Inc), Merger Agreement (Tf Financial Corp)
Effective Election. Any Election shall be properly made only if the Exchange Agent shall have actually received a properly completed Election Form by the Election Deadline. Any Election Form may be revoked or changed by the Person person submitting such Election Form to the Exchange Agent by written notice to the Exchange Agent only if such written notice is actually received by the Exchange Agent at or prior to the Election Deadline. The Exchange Agent shall have reasonable discretion to (i) determine whether any Electionelection, modification or revocation is received, (ii) determine whether any Electionelection, modification or revocation has been properly made, and (iii) disregard immaterial defects in any Election Form. Good faith determinations made by the Exchange Agent regarding such matters shall be binding and conclusive. Neither National PennNPB, TF Financial PFI nor the Exchange Agent shall be under any obligation to notify any Person person of any defect in an Election Form.
Appears in 2 contracts
Sources: Merger Agreement (Peoples First Inc), Merger Agreement (National Penn Bancshares Inc)
Effective Election. Any Election shall be properly made only if the Exchange Agent shall have actually received a properly completed Election Form by the Election Deadline. Any Election Form may be revoked or changed by the Person person submitting such Election Form to the Exchange Agent by written notice to the Exchange Agent only if such written notice is actually received by the Exchange Agent at or prior to the Election Deadline. The Exchange Agent shall have reasonable discretion to (i) determine whether any Election, modification or revocation is received, (ii) determine whether any Election, modification or revocation has been properly made, and (iii) disregard immaterial defects in any Election Form. Good faith determinations made by the Exchange Agent regarding such matters shall be binding and conclusive. Neither National PennFranklin, TF Financial Fulton nor the Exchange Agent shall be under any obligation to notify any Person person of any defect in an Election Form.
Appears in 2 contracts
Sources: Merger Agreement (Fulton Bancshares Corp), Merger Agreement (Franklin Financial Services Corp /Pa/)
Effective Election. Any Election shall be properly made only if the Exchange Agent shall have actually received a properly completed Election Form by the Election Deadline. Any Election Form may be revoked or changed by the Person person submitting such Election Form to the Exchange Agent by written notice to the Exchange Agent only if such written notice is actually received by the Exchange Agent at or prior to the Election Deadline. The Exchange Agent shall have reasonable discretion to (i) determine whether any Election, modification or revocation is received, (ii) determine whether any Election, modification or revocation has been properly made, and (iii) disregard immaterial defects in any Election Form. Good faith determinations made by the Exchange Agent regarding such matters shall be binding and conclusive. Neither National PennOLB, TF Financial Holdings, nor the Exchange Agent shall be under any obligation to notify any Person person of any defect in an Election Form.
Appears in 2 contracts
Sources: Merger Agreement (WSB Holdings Inc), Merger Agreement (Old Line Bancshares Inc)
Effective Election. Any An Election shall be properly made only if the Exchange Agent shall have actually received a properly completed Election Form by the Election Deadline. Any An Election Form may be revoked or changed by the Person person submitting such Election Form to the Exchange Agent by written notice to the Exchange Agent only if such written notice is actually received by the Exchange Agent at or prior to the Election Deadline. The Exchange Agent shall have reasonable discretion to (i) determine whether any Electionelection, modification or revocation is received, (ii) determine whether any Electionelection, modification or revocation has been properly made, and (iii) disregard immaterial defects in any Election Form. Good faith determinations made by the Exchange Agent regarding such matters shall be binding and conclusive. Neither National PennHNC, TF nor East Penn Financial nor the Exchange Agent shall be under any obligation to notify any Person person of any defect in an Election Form.
Appears in 2 contracts
Sources: Merger Agreement (Harleysville National Corp), Merger Agreement (East Penn Financial Corp)
Effective Election. Any Election shall be properly made only if the Exchange Agent shall have actually received a properly completed Election Form by the Election Deadline. Any Election Form may be revoked or changed by the Person person submitting such Election Form to the Exchange Agent by written notice to the Exchange Agent only if such written notice is actually received by the Exchange Agent at or prior to the Election Deadline. The Exchange Agent shall have reasonable discretion to (i) determine whether any Electionelection, modification or revocation is received, (ii) determine whether any Electionelection, modification or revocation has been properly made, and (iii) disregard immaterial defects in any Election Form. Good faith determinations made by the Exchange Agent regarding such matters shall be binding and conclusive. Neither National PennCMTY, TF Financial BFC nor the Exchange Agent shall be under any obligation to notify any Person person of any defect in an Election Form.
Appears in 2 contracts
Sources: Merger Agreement (Community Banks Inc /Pa/), Merger Agreement (Bucs Financial Corp)
Effective Election. Any Election shall be properly made only if the Exchange Agent shall have actually received a properly completed Election Form by the Election Deadline. Any Election Form may be revoked or changed by the Person person submitting such Election Form to the Exchange Agent by written notice to the Exchange Agent only if such written notice is actually received by the Exchange Agent at or prior to the Election Deadline. The Exchange Agent shall have reasonable discretion to (i) determine whether any Election, modification or revocation is received, (ii) determine whether any Election, modification or revocation has been properly made, and (iii) disregard immaterial defects in any Election Form. Good faith determinations made by the Exchange Agent regarding such matters shall be binding and conclusive. Neither National PennTower, TF Financial FNB, nor the Exchange Agent shall be under any obligation to notify any Person person of any defect in an Election Form.
Appears in 2 contracts
Sources: Merger Agreement (FNB Financial Corp /Pa/), Merger Agreement (FNB Financial Corp /Pa/)
Effective Election. Any Election shall be properly made only if the Exchange Agent shall have actually received a properly completed Election Form by the Election Deadline. Any Election Form may be revoked or changed by the Person person submitting such Election Form to the Exchange Agent by written notice to the Exchange Agent only if such written notice is actually received by the Exchange Agent at or prior to the Election Deadline. The Exchange Agent shall have reasonable discretion to (i) determine whether any Electionelection, modification or revocation is received, (ii) determine whether any Electionelection, modification or revocation has been properly made, and (iii) disregard immaterial defects in any Election Form. Good faith determinations made by the Exchange Agent regarding such matters shall be binding and conclusive. Neither National PennSterling, TF Financial Pennsylvania nor the Exchange Agent shall be under any obligation to notify any Person person of any defect in an Election Form.
Appears in 1 contract
Effective Election. Any Election shall be properly made only if the Exchange Agent shall have actually received a properly completed Election Form by the Election Deadline. Any Election Form may be revoked or changed by the Person person submitting such Election Form to the Exchange Agent by written notice to the Exchange Agent only if such written notice is actually received by the Exchange Agent at or prior to the Election Deadline. The Exchange Agent shall have reasonable discretion to (i) determine whether any Election, modification or revocation is received, (ii) determine whether any Election, modification or revocation has been properly made, and (iii) disregard immaterial defects in any Election Form. Good faith determinations made by the Exchange Agent regarding such matters shall be binding and conclusive. Neither National PennOLB, TF Financial MDBC, nor the Exchange Agent shall be under any obligation to notify any Person person of any defect in an Election Form.
Appears in 1 contract
Effective Election. Any Election shall be properly made only if the Exchange Agent shall have actually received a properly completed Election Form by the Election Deadline. Any Election Form may be revoked or changed by the Person person submitting such Election Form to the Exchange Agent by written notice to the Exchange Agent only if such written notice is actually received by the Exchange Agent at or prior to the Election Deadline. The Exchange Agent shall have reasonable discretion to (i) determine whether any Electionelection, modification or revocation is received, (ii) determine whether any Electionelection, modification or revocation has been properly made, and (iii) disregard immaterial defects in any Election Form. Good faith determinations made by the Exchange Agent regarding such matters shall be binding and conclusive. Neither National PennNPB, TF Financial NFC nor the Exchange Agent shall be under any obligation to notify any Person person of any defect in an Election Form.
Appears in 1 contract
Effective Election. Any Election shall be properly made only if the Exchange Agent shall have actually received a properly completed Election Form by the Election Deadline. Any Election Form may be revoked or changed by the Person person submitting such Election Form to the Exchange Agent by written notice to the Exchange Agent only if such written notice is actually received by the Exchange Agent at or prior to the Election Deadline. The Exchange Agent Sterling shall have reasonable discretion to (i) determine whether and when any Electionelection, modification or revocation is receivedreceived by the Exchange Agent, (ii) determine whether any Electionelection, modification or revocation has been properly made, and (iii) disregard immaterial defects in any Election Form. Good faith determinations made by the Exchange Agent Sterling regarding such matters shall be binding and conclusiveconclusive absent manifest error. Neither National PennSterling, TF nor Bay Net Financial nor the Exchange Agent shall be under any obligation to notify any Person person of any defect in an Election Form.
Appears in 1 contract
Effective Election. Any Election shall be properly made only if the ------------------ Exchange Agent shall have actually received a properly completed Election Form by the Election Deadline. Any Election Form may be revoked or changed by the Person person submitting such Election Form to the Exchange Agent by written notice to the Exchange Agent only if such written notice is actually received by the Exchange Agent at or prior to the Election Deadline. The Exchange Agent shall have reasonable discretion to (i) determine whether any Electionelection, modification or revocation is received, (ii) determine whether any Electionelection, modification or revocation has been properly made, and (iii) disregard immaterial defects in any Election Form. Good faith determinations made by the Exchange Agent regarding such matters shall be binding and conclusive. Neither National PennNPB, TF Financial NFC nor the Exchange Agent shall be under any obligation to notify any Person person of any defect in an Election Form.
Appears in 1 contract
Effective Election. Any Election shall be properly made only if the Exchange Agent shall have actually received a properly completed Election Form by the Election Deadline. Any Election Form may be revoked or changed by the Person person submitting such Election Form to the Exchange Agent by written notice to the Exchange Agent only if such written notice is actually received by the Exchange Agent at or prior to the Election Deadline. The Exchange Agent shall have reasonable discretion to (i) determine whether any Election, modification or revocation is received, (ii) determine whether any Election, modification or revocation has been properly made, and (iii) disregard immaterial defects in any Election Form. Good faith determinations made by the Exchange Agent regarding such matters shall be binding and conclusive. Neither National PennC&N, TF Financial Citizens nor the Exchange Agent shall be under any obligation to notify any Person person of any defect in an Election Form.
Appears in 1 contract
Effective Election. Any Election shall be properly made only if the Exchange Agent shall have actually received a properly completed Election Form (or Election Forms, in the event that a holder elects to submit different Election forms for each beneficial owner) by the Election Deadline. Any Election Form may be revoked or changed by the Person person submitting such Election Form to the Exchange Agent by written notice to the Exchange Agent only if such written notice is actually received by the Exchange Agent at or prior to the Election Deadline. The Exchange Agent shall have reasonable discretion to (i) determine whether any Electionelection, modification or revocation is received, (ii) determine whether any Electionelection, modification or revocation has been properly made, and (iii) disregard immaterial defects in any Election Form. Good faith determinations made by the Exchange Agent regarding such matters shall be binding and conclusive. Neither National PennCMTY, TF Financial East Prospect nor the Exchange Agent shall be under any obligation to notify any Person person of any defect in an Election Form.
Appears in 1 contract
Effective Election. Any Election shall be properly made only if the Exchange Agent shall have actually received a properly completed Election Form by the Election Deadline. Any Election Form may be revoked or changed by the Person person submitting such Election Form to the Exchange Agent by written notice to the Exchange Agent only if such written notice is actually received by the Exchange Agent at or prior to the Election Deadline. The Exchange Agent shall have reasonable discretion to (i) determine whether any Electionelection, modification or revocation is received, (ii) determine whether any Electionelection, modification or revocation has been properly made, and (iii) disregard immaterial defects in any Election Form. Good faith determinations made by the Exchange Agent regarding such matters shall be binding and conclusive. Neither National PennNPB, TF Financial CBT nor the Exchange Agent shall be under any obligation to notify any Person person of any defect in an Election Form.
Appears in 1 contract
Sources: Agreement of Reorganization and Merger (National Penn Bancshares Inc)
Effective Election. Any Election shall be properly made only if the Exchange Agent shall have actually received a properly completed Election Form by a holder of NW Bancorp Common Stock by the Election Deadline. Any Election Form may be revoked or changed by the Person person submitting such Election Form to the Exchange Agent by written notice to the Exchange Agent only if such written notice is actually received by the Exchange Agent at or prior to the Election Deadline. The Exchange Agent shall have reasonable discretion to (i) determine whether any Election, modification or revocation is received, (ii) determine whether any Election, modification or revocation has been properly made, and (iii) disregard immaterial defects in any Election Form. Good faith determinations made by the Exchange Agent regarding such matters shall be binding and conclusive. Neither National Penn, TF Financial nor the Exchange Agent shall be under any obligation to notify any Person of any defect in an Election Form.and
Appears in 1 contract