Common use of Cash Election Shares More Than Total Cash Amount Clause in Contracts

Cash Election Shares More Than Total Cash Amount. If the sum of the aggregate cash amount that would be paid upon the conversion in the Merger of the Cash Election Shares plus the aggregate amount of Option Cancellation Payments under Section 1.6(a) or any other provisions of this Agreement (such sum hereinafter, the “Section 1.5(e) Cash Amount”) is greater than the Total Cash Amount, then: (A) all Stock Election Shares and No Election Shares shall be converted into the right to receive the Per Share Stock Consideration, (B) the Exchange Agent shall then select from among the Cash Election Shares, by a pro rata selection process, a sufficient number of shares (“Stock Designated Shares”) such that the aggregate cash amount that will be paid in the Merger (including, without limitation, any cash paid for Option Cancellation Payments under Section 1.6(a) or any other provision of this Agreement) equals as closely as practicable the Total Cash Amount, and all Stock Designated Shares shall be converted into the right to receive the Per Share Stock Consideration, and (C) the Cash Election Shares that are not Stock Designated Shares will be converted into the right to receive the Per Share Cash Consideration.

Cash Election Shares More Than Total Cash Amount. If the sum of the aggregate cash amount that would be paid upon the conversion in the Merger of the Cash Election Shares plus the aggregate amount of Option Cancellation Payments cash paid in respect of options to purchase Company Common Stock under Section 1.6(a1.6(b) or any other provisions of this Agreement (such sum hereinafter, the “Section 1.5(e) Cash Amount”) is greater than the Total Cash Amount, then: (A) all Stock Election Shares and No Election Shares shall be converted into the right to receive the Per Share Stock Consideration, (B) the Exchange Agent shall then select from among the Cash Election Shares, by a pro rata selection process, a sufficient number of shares (“Stock Designated Shares”) such that the aggregate cash amount that will be paid in the Merger (including, without limitation, any cash paid for Option Cancellation Payments in respect of options to purchase Company Common Stock under Section 1.6(a1.6(b) or any other provision of this Agreement) equals as closely as practicable the Total Cash Amount, and all Stock Designated Shares shall be converted into the right to receive the Per Share Stock Consideration, and (C) the Cash Election Shares that are not Stock Designated Shares will be converted into the right to receive the Per Share Cash Consideration.

Cash Election Shares More Than Total Cash Amount. If the sum of the aggregate cash amount that would be paid upon the conversion in the Merger of product obtained by multiplying (x) the Cash Election Shares plus by (y) the aggregate amount of Option Cancellation Payments under Section 1.6(a) or any other provisions of this Agreement (such sum hereinafter, the “Section 1.5(e) Per Share Cash Amount”) Consideration is greater than the Total Cash Amount, then: (A) all Stock Election Shares and No Election Shares shall be converted into the right to receive the Per Share Stock Consideration, (B) the Exchange Agent shall then select from among the Cash Election Shares, by a pro rata selection processto the holders of Cash Election Shares in accordance with their respective numbers of Cash Election Shares (except as provided in the last paragraph of Section 2.3(e)), a sufficient number of shares (“Stock Designated Shares”) such that the aggregate cash amount that will be paid in the Merger (including, without limitation, any cash paid for Option Cancellation Payments under Section 1.6(a) or any other provision of this Agreement) Mergers equals as closely as practicable the Total Cash Amount, and all Stock Designated Shares shall be converted into the right to receive the Per Share Stock Consideration, and (C) the Cash Election Shares that are not Stock Designated Shares will be converted into the right to receive the Per Share Cash Consideration.

Cash Election Shares More Than Total Cash Amount. If the sum of the aggregate cash amount that would be paid upon the conversion in the Merger of the Cash Election Shares plus the aggregate amount of Option Cancellation Payments under Section 1.6(a) or any other provisions of this Agreement (such sum hereinafter, the “Section 1.5(e2.02(e) Cash Amount”) is greater than the Total Cash Amount, then: (A) all Stock Election Shares and No Election Shares shall be converted into the right to receive the Per Share Stock Consideration, , (B) the Exchange Agent shall then select from among the Cash Election Shares, by a pro rata selection process, a sufficient number of shares (“Stock Designated Shares”) such that the aggregate cash amount that will be paid in the Merger (includingexcluding, however, without limitation, any cash paid for Option Cancellation Payments in respect of options to purchase Seller Shares under Section 1.6(a) 7.01 or any other provision of this Agreement) equals as closely as practicable the Total Cash Amount, and all Stock Designated Shares shall be converted into the right to receive the Per Share Stock Consideration, ; and (CB) the Cash Election Shares that are not Stock Designated Shares will be converted into the right to receive the Per Share Cash Consideration.

Cash Election Shares More Than Total Cash Amount. If the sum of the aggregate cash amount that would be paid upon the conversion in the Merger of the Cash Election Shares plus (the aggregate amount of Option Cancellation Payments under Section 1.6(a"SECTION 2.02(E) or any other provisions of this Agreement (such sum hereinafter, the “Section 1.5(e) Cash Amount”CASH AMOUNT") is greater than the Total Cash Amount, then: (A) all Stock Election Shares and No Election Shares shall be converted into the right to receive the Per Share Stock Consideration, , (B) the Exchange Agent shall then select from among the Cash Election Shares, by a pro rata selection process, a sufficient number of shares (“Stock Designated Shares”"STOCK DESIGNATED SHARES") such that the aggregate cash amount that will be paid in the Merger (includingexcluding, however, without limitation, any cash paid for Option Cancellation Payments in respect of options to purchase Seller Shares under Section 1.6(a) 7.01 or any other provision of this Agreement) equals as closely as practicable the Total Cash Amount, and all Stock Designated Shares shall be converted into the right to receive the Per Share Stock Consideration, ; and (CB) the Cash Election Shares that are not Stock Designated Shares will be converted into the right to receive the Per Share Cash Consideration.

Cash Election Shares More Than Total Cash Amount. If the sum of the aggregate cash amount that would be paid upon the conversion in the Merger of the Cash Election Shares plus (the aggregate amount of Option Cancellation Payments under Section 1.6(a"SECTION 2.03(e) or any other provisions of this Agreement (such sum hereinafter, the “Section 1.5(e) Cash Amount”CASH AMOUNT") is greater than the Total Cash Amount, then: (A) all Stock Election Shares and No Election Shares shall be converted into the right to receive the Per Share Stock Consideration, (B) the Exchange Agent shall then select from among the Cash Election Shares, by a pro rata selection process, a sufficient number of shares (“Stock Designated Shares”"STOCK DESIGNATED SHARES") such that the aggregate cash amount that will be paid in the Merger (includingexcluding, without limitationhowever, any cash paid for Option Cancellation Payments in lieu of fractional shares pursuant to 2.03(j) hereof, any cash paid to dissenting shareholders pursuant to Section 2.04 hereof and any cash paid in respect of options to purchase Seller Shares under Section 1.6(a) 2.02 or any other provision of this Agreement) equals as closely as practicable the Total Cash Amount, and all Stock Designated Shares shall be converted into the right to receive the Per Share Stock Consideration, ; and (C) the Cash Election Shares that are not Stock Designated Shares will be converted into the right to receive the Per Share Cash Consideration.

Cash Election Shares More Than Total Cash Amount. If the sum of the aggregate cash amount that would be paid upon the conversion in the Merger of the Cash Election Shares plus (the aggregate amount of Option Cancellation Payments under "Section 1.6(a) or any other provisions of this Agreement (such sum hereinafter, the “Section 1.5(e2.03(e) Cash Amount”") is greater than the Total Cash Amount, then: (A) all Stock Election Shares and No Election Shares shall be converted into the right to receive the Per Share Stock Consideration, (B) the Exchange Agent shall then select from among the Cash Election Shares, by a pro rata selection process, a sufficient number of shares (“"Stock Designated Shares”") such that the aggregate cash amount that will be paid in the Merger (includingexcluding, without limitationhowever, any cash paid for Option Cancellation Payments in lieu of fractional shares pursuant to 2.03(j) hereof, any cash paid to dissenting shareholders pursuant to Section 2.04 hereof and any cash paid in respect of options to purchase Seller Shares under Section 1.6(a) 2.02 or any other provision of this Agreement) equals as closely as practicable the Total Cash Amount, and all Stock Designated Shares shall be converted into the right to receive the Per Share Stock Consideration, ; and (C) the Cash Election Shares that are not Stock Designated Shares will be converted into the right to receive the Per Share Cash Consideration.