Cash and Stock Elections. (a) Each Person who, prior to or as of the Election Deadline, is a record holder of shares of Company Common Stock (or, in the case of nominee record holders, the beneficial owner through proper instructions and documentation) shall be entitled to specify the number of such holder’s shares of Company Common Stock with respect to which such holder makes either a Cash Election or a Stock Election. For purposes of this Section 1.8, any reference to “shares of Company Common Stock” shall also include Net RS Shares, as applicable, mutatis mutandis.
Appears in 3 contracts
Samples: Amended and Restated Agreement and Plan of Merger (Monmouth Real Estate Investment Corp), Amended and Restated Agreement and Plan of Merger (Monmouth Real Estate Investment Corp), Amended and Restated Agreement and Plan of Merger (Equity Commonwealth)
Cash and Stock Elections. (a) Each Person who, on or prior to or as of the Election Deadline, is a record holder of shares of Company Common Stock (or, in the case of nominee record holders, the beneficial owner through proper instructions and documentationincluding Company Restricted Stock) other than Appraisal Shares shall be entitled to specify the number of such holder’s shares of Company Common Stock with respect to which such holder makes either a Cash Election or a Stock Election. For purposes of this Section 1.82.6, any reference to “shares of Company Common Stock” shall also include Net RS SharesCompany RSUs, as applicable, mutatis mutandis.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Wmih Corp.), Agreement and Plan of Merger (Nationstar Mortgage Holdings Inc.)
