Non-Election Shares definition

Non-Election Shares shall have the meaning set forth in Section 3.2.1.

Non-Election Shares shall have the meaning as set forth in Section 3.2(b) of the Agreement.

Non-Election Shares has the meaning set forth in Section 3.1(a)(i)(C).

Examples of Non-Election Shares in a sentence

• If a holder of Company Common Stock either (i) does not submit a properly completed Election Form in a timely fashion or (ii) revokes the holder’s Election Form prior to the Election Deadline (without later submitting a properly completed Election Form prior to the Election Deadline), the shares of Company Common Stock held by such holder shall be designated Non-Election Shares.

• If a United shareholder either (i) does not submit a properly completed Election Form by the Election Deadline, or (ii) revokes its Election Form prior to the Election Deadline, the shares of United Stock held by such shareholder shall be designated Non-Election Shares.

• If the aggregate cash amount that would be paid upon conversion in the Merger of the Cash Election Shares is equal or nearly equal (as determined by the Exchange Agent) to (but in no event in excess of) the Total Cash Amount, then subparagraphs (i) and (ii) above shall not apply and all Cash Election Shares shall be converted into the right to receive the Cash Consideration and all Stock Election Shares and Non-Election Shares shall be converted into the right to receive the Stock Consideration.

• For the holders of Non-Election Shares, subject to Section 3.2(e), Buyer shall have the authority to determine the type of consideration constituting the Per Share Purchase Price to be exchanged for the Non-Election Shares.

• Shares in respect of which a Non-Election is made (including Shares in respect of which such an election is deemed to have been made pursuant to this Section 3.2(a) and Section 3.1(g)) (collectively, "Non-Election Shares") shall be deemed to be Shares in respect of which a Cash Election has been made.

More Definitions of Non-Election Shares

Non-Election Shares. For the avoidance of doubt, any holder of Dissenter Shares shall not be deemed to have made a Stock Election, Cash Election, or Mixed Election with respect to such Dissenter Shares, and such Dissenter Shares shall not be deemed Stock Election Shares, Cash Election Shares, or Non-Election Shares.

Non-Election Shares shall have the meaning given to that term in SECTION 2.6(B).

Non-Election Shares has the meaning set forth in Section 4.02(b).

Non-Election Shares has the meaning ascribed thereto in Section 2.2(c);

Non-Election Shares has the meaning given to such term in Section 2.5(b).

Non-Election Shares is defined in Section 2.2(a)(iv) hereof.

Non-Election Shares has the meaning ascribed thereto in Section 2.2(b);