Common use of Initial Mailing Clause in Contracts

Initial Mailing. Wisconsin Energy and WICOR will mail a Form of --------------- Election to all holders of record of shares of WICOR Common Stock as of a date mutually agreed to by WICOR and Wisconsin Energy (the "Initial Mailing Record Date") which shall be approximately 45 calendar days prior to the anticipated Effective Time of Merger. Elections shall be made by holders of WICOR Common Stock by mailing to the Exchange Agent a Form of Election. To be effective, a Form of Election must be properly completed, signed and submitted to the Exchange Agent and accompanied by the certificates representing the shares of WICOR Common Stock as to which the election is being made (or by an appropriate guarantee of delivery of such certificates as set forth in such Form of Election from a member of any registered national securities exchange or of the National Association of Securities Dealers, Inc. or a commercial bank or trust company having an office or correspondent in the United States, provided such certificates are in fact delivered by the time set forth in such guarantee of delivery). Wisconsin Energy will have the discretion, which it may delegate in whole or in part to the Exchange Agent, to determine whether Forms of Election have been properly completed, signed and submitted or revoked and to disregard immaterial defects in Forms of Election. The decision of Wisconsin Energy (or the Exchange Agent) in such matters shall be conclusive and binding. Neither Wisconsin Energy nor the Exchange Agent will be under any obligation to notify any Person of any defect in a Form of Election submitted to the Exchange Agent. The Exchange Agent shall also make all computations contemplated by this Section 2.4 of this Agreement and all such computations shall be conclusive and binding on the holders of WICOR Common Stock absent manifest error in any such computation.