No Excess Clause Samples
No Excess. If neither of Subsections (a) or (b) above is applicable, all Cash Election Shares will be converted into the right to receive the Cash Distribution, all Stock Election Shares will be converted into the right to receive the Stock Distribution, and the Non-Election Shares will be converted into the right to receive the Cash Distribution and/or the Stock Distribution as follows:
(1) Non-Election Shares shall first be converted to a right to receive the Cash Distribution until the aggregate of the Non-Election Shares and Cash Election Shares equals the Calculated Cash Election Number.
(2) Any excess Non-Election Shares shall then be converted to a right to receive the Stock Distribution.
(3) All allocations pursuant to this Subsection (c) shall be made on a pro rata basis, if applicable.
No Excess. If you choose to pay the full excess waiver fee then you do not have to pay the excess contribution under clause 34
No Excess. If neither of Subsections (1) or (2) above is applicable, all Cash Election Shares shall be converted into the right to receive the Cash Distribution, all Stock Election Shares shall be converted into the right to receive the Stock Distribution, and the Non-Election Shares shall be converted into the right to receive the Cash Distribution and/or the Stock Distribution as follows:
(a) If sum of the number of Non-Election Shares plus the number of Cash Election Shares (the "Aggregate Number") equals or exceeds the Maximum Cash Election Number, then (1) the number of Non-Election Shares to be converted into the right to receive the Stock Distribution shall be equal to the Aggregate Number minus the Maximum Cash Election Number, (2) the remaining Non-Election Shares shall be converted into the right to receive the Cash Distribution, and (3) the Exchange Agent shall allocate the Merger Consideration payable to each holder of a Non-Election Share in a manner that minimizes the creation of fractional shares of InterWest Common Stock.
(b) If the Aggregate Number is less than the Maximum Cash Election Number, then (1) all Non-Election Shares shall be converted into the right to receive the Cash Distribution, and (2) the Exchange Agent will reallocate the Merger Consideration payable to each holder of Stock Election Shares pro rata (based upon the number of Stock Election Shares owned by such holder, as compared with the total number of Stock Election Shares owned by all holders) such that the holders of Stock Election Shares will receive, as Stock Distributions, a number of shares of InterWest Common Stock equal to the Maximum Stock Election Number, and will receive the remainder of the Merger Consideration due to them as Cash Distributions.
No Excess. If neither of Sections 2.3(e)(i) or 2.3(e)(ii) above is applicable, all Cash Election Shares will be converted into the right to receive the Cash Component, all Stock Election Shares will be converted into the right to receive the Merger Shares, and the Non-Election Shares will be converted into the right to receive the Cash Component and/or the Merger Shares as follows:
(A) Non-Election Shares shall first be converted to a right to receive a portion of the Cash Component until the aggregate of the Non-Election Shares and Cash Election Shares equals the total Cash Component.
(B) Any excess Non-Election Shares shall then be converted to a right to receive the Merger Shares.
(C) All allocations pursuant to this Section 2.3(e)(iii) shall be made on a pro rata basis, if applicable.
No Excess. 6 months protection costs £100.00 + VAT = £120.00 12 months protections costs £160.00 + VAT = £192.00
No Excess. If neither clauses (i) or (ii) above is applicable, all Cash Election Shares will be converted into the right to receive the Cash Distribution, all Stock Election Shares will be converted into the right to receive the Stock Distribution, and the Non-Election Shares will be converted into the right to receive the Cash Distribution and/or the Stock Distribution as follows:
(A) Non-Election Shares shall first be converted to a right to receive the Cash Distribution until the aggregate of the Non-Election Shares, when aggregated with the Cash Election Shares, Cash Election Designated ESOP Shares and Dissenting Shares, equals the Calculated Cash Election Number; and
(B) Any excess Non-Election Shares shall then be converted to a right to receive the Stock Distribution.
(C) All allocations pursuant to this clause (iii) shall be made on a pro rata basis, if applicable.
