Common use of Upset Provision Clause in Contracts

Upset Provision. After a Closing is properly called pursuant to Section 1.2 (THE CLOSING), First Evergreen shall have the right to terminate this Plan of Merger if the Final Old ▇▇▇▇ ▇▇▇▇▇ is less than $35.00 (the "UPSET PRICE"). The "FINAL OLD ▇▇▇▇ ▇▇▇▇▇" means the average of the closing prices per share of Old Kent Common Stock reported on The NASDAQ Stock Market during the 10 consecutive trading days ending on the tenth business day prior to the date of the scheduled Closing (the "PRICING PERIOD"), as reported in the DOW ▇▇▇▇▇ NEWS/RETRIEVAL system, or other equally reliable means.