Common use of Nonsubmittal Clause in Contracts

Nonsubmittal. For the purposes hereof, a holder of WICOR Common ------------ Stock who does not submit a Form of Election which is received by the Exchange Agent prior to the Election Deadline shall be deemed to have made a Non- Election. If Wisconsin Energy or the Exchange Agent shall determine that any purported Cash Election or Stock Election was not properly made, such purported Cash Election or Stock Election shall be deemed to be of no force and effect and the Person making such purported Cash Election or Stock Election shall, for all purposes hereof, be deemed to have made a Non-Election.