Common use of Mixed Election Clause in Contracts

Mixed Election. Subject to the immediately following sentence, each record holder of shares of Holdings Common Stock immediately prior to the Closing Date shall be entitled to elect to receive the Per Share Common Stock Consideration for a portion of such holder’s shares of Holdings Common Stock and the Per Share Cash Consideration for the remaining portion of such holder’s shares of Holdings Common Stock (a “Mixed Election”). With respect to each holder of Holdings Common Stock who makes a Mixed Election and subject to the allocation rules set forth in Section 2.5(e) below, the shares of Holdings Common Stock that such holder elects to be converted into the right to receive the Per Share Common Stock Consideration shall be treated as Common Stock Election Shares and the shares such holder elects to be converted into the right to receive the Per Share Cash Consideration shall be treated as Cash Election Shares.

Mixed Election. Subject to the immediately following sentence, each record holder of shares of Holdings FNB Common Stock immediately prior to the Closing Effective Date shall be entitled to elect to receive the Per Share shares of Tower Common Stock Consideration for a portion of such holder’s shares of Holdings FNB Common Stock and the Per Share Cash Consideration cash for the remaining portion of such holder’s shares of Holdings FNB Common Stock (a the “Mixed Election”). With respect to each holder of Holdings FNB Common Stock who makes a Mixed Election and subject to the allocation rules set forth in Section 2.5(e2.02(e) below, the shares of Holdings FNB Common Stock that such holder elects to be converted into the right to receive the Per Share Common Stock Consideration shall be treated as Common Stock Election Shares and the shares such holder elects to be converted into the right to receive the Per Share Cash Consideration shall be treated as Cash Election Shares.

Mixed Election. Subject to the immediately following sentence, each record holder of shares of Holdings Scottdale Common Stock immediately prior to the Closing Date Election Deadline shall be entitled to elect to receive the Per Share Common Stock Consideration for a portion of such holder’s shares of Holdings Scottdale Common Stock and the Per Share Cash Consideration for the remaining portion of such holder’s shares of Holdings Scottdale Common Stock (a “Mixed Election”). With respect to each holder of Holdings Scottdale Common Stock who makes a Mixed Election and subject to the allocation rules set forth in Section 2.5(e3.2(e) below, the shares of Holdings Scottdale Common Stock that such holder elects to be converted into the right to receive the Per Share Common Stock Consideration shall be treated as Common Stock Election Shares and the shares such holder elects to be converted into the right to receive the Per Share Cash Consideration shall be treated as Cash Election Shares.

Mixed Election. Subject to the immediately following sentence, each record holder of shares of Holdings RBI Common Stock immediately prior to the Closing Date Election Deadline shall be entitled to elect to receive the Per Share Common Stock Consideration for a portion of such holder’s shares of Holdings RBI Common Stock and the Per Share Cash Consideration for the remaining portion of such holder’s shares of Holdings RBI Common Stock (a “Mixed Election”). With respect to each holder of Holdings RBI Common Stock who makes a Mixed Election and subject to the allocation rules set forth in Section 2.5(e) below, the shares of Holdings RBI Common Stock that such holder elects to be converted into the right to receive the Per Share Common Stock Consideration shall be treated as Common Stock Election Shares and the shares such holder elects to be converted into the right to receive the Per Share Cash Consideration shall be treated as Cash Election Shares.

Mixed Election. Subject to the immediately following sentence, each record holder of shares of Holdings Common Stock immediately prior to the Closing Date shall be entitled to elect to receive the Per Share Common Stock Consideration for a portion of such holder’s shares of Holdings Common Stock and the Per Share Cash Consideration for the remaining portion of such holder’s shares of Holdings Common Stock (a “Mixed Election”). With respect to each holder of Holdings Common Stock who makes a Mixed Election and subject to the allocation rules set forth in Section 2.5(e­2.5(e) below, the shares of Holdings Common Stock that such holder elects to be converted into the right to receive the Per Share Common Stock Consideration shall be treated as Common Stock Election Shares and the shares such holder elects to be converted into the right to receive the Per Share Cash Consideration shall be treated as Cash Election Shares.

Mixed Election. Subject to the immediately following sentence, each record holder of shares of Holdings East Prospect Common Stock immediately prior to the Closing Effective Date shall be entitled to elect to receive the Per Share shares of CMTY Common Stock Consideration for a portion of such holder’s shares of Holdings East Prospect Common Stock and the Per Share Cash Consideration cash for the remaining portion of such holder’s shares of Holdings East Prospect Common Stock (a the “Mixed Election”). With respect to each holder of Holdings East Prospect Common Stock who makes a Mixed Election and subject to the allocation rules set forth in Section 2.5(e) belowElection, the shares of Holdings East Prospect Common Stock that such holder elects to be converted into the right to receive the Per Share Common Stock Consideration shall be treated as Common Stock Election Shares and the shares such holder elects to be converted into the right to receive the Per Share Cash Consideration shall be treated as Cash Election Shares.

Mixed Election. Subject to the immediately following sentence, each record holder of shares of Holdings MDBC Common Stock immediately prior to the Closing Date shall be entitled to elect to receive the Per Share Common Stock Consideration for a portion of such holder’s shares of Holdings MDBC Common Stock and the Per Share Cash Consideration for the remaining portion of such holder’s shares of Holdings MDBC Common Stock (a “Mixed Election”). With respect to each holder of Holdings MDBC Common Stock who makes a Mixed Election and subject to the allocation rules set forth in Section 2.5(e2.2(e) below, the shares of Holdings MDBC Common Stock that such holder elects to be converted into the right to receive the Per Share Common Stock Consideration shall be treated as Common Stock Election Shares and the shares such holder elects to be converted into the right to receive the Per Share Cash Consideration shall be treated as Cash Election Shares.

Mixed Election. Subject to the immediately following sentence, each record holder of shares of Holdings FNB Common Stock immediately prior to the Closing Effective Date shall be entitled to elect to receive the Per Share shares of Tower Common Stock Consideration for a portion of such holder’s 's shares of Holdings FNB Common Stock and the Per Share Cash Consideration cash for the remaining portion of such holder’s 's shares of Holdings FNB Common Stock (a “the "Mixed Election”"). With respect to each holder of Holdings FNB Common Stock who makes a Mixed Election and subject to the allocation rules set forth in Section 2.5(e2.02(e) below, the shares of Holdings FNB Common Stock that such holder elects to be converted into the right to receive the Per Share Common Stock Consideration shall be treated as Common Stock Election Shares and the shares such holder elects to be converted into the right to receive the Per Share Cash Consideration shall be treated as Cash Election Shares.

Mixed Election. Subject to the immediately following sentence, each record holder of shares of Holdings PBI Common Stock immediately prior to the Closing Date Election Deadline shall be entitled to elect to receive the Per Share Common Stock Consideration for a portion of such holder’s shares of Holdings PBI Common Stock and the Per Share Cash Consideration for the remaining portion of such holder’s shares of Holdings PBI Common Stock (a “Mixed Election”). With respect to each holder of Holdings PBI Common Stock who makes a Mixed Election and subject to the allocation rules set forth in Section 2.5(e) below, the shares of Holdings PBI Common Stock that such holder elects to be converted into the right to receive the Per Share Common Stock Consideration shall be treated as Common Stock Election Shares and the shares such holder elects to be converted into the right to receive the Per Share Cash Consideration shall be treated as Cash Election Shares.