Common use of Maximum Numbers Clause in Contracts

Maximum Numbers. The number of shares of WICOR Common Stock to be --------------- converted into the right to receive Wisconsin Energy Common Stock in the Merger shall equal the Maximum Stock Number. The number of shares of WICOR Common Stock to be converted into the right to receive cash in the Merger shall equal the Maximum Cash Number. Notwithstanding any other provisions of this Agreement, if the Stock Percentage is a percentage other than zero (0), at least 40% of the number of shares of WICOR Common Stock issued and outstanding immediately prior to the Effective Time of Merger shall be converted into whole shares of Wisconsin Energy Common Stock exclusive of fractional share interests to be paid in cash pursuant to Section 2.6(e) of this Agreement.

Appears in 2 contracts

Sources: Merger Agreement (Wicor Inc), Merger Agreement (Wisconsin Electric Power Co)