Common use of Certain Exceptions and Limitations Clause in Contracts

Certain Exceptions and Limitations. (A) Any shares of Target Stock held by Acquiror or any subsidiary of Acquiror (other than shares held in a fiduciary capacity or as DPC Property) will be canceled at the Effective Time; (B) Target Perfected Dissenting Shares shall not be converted into shares of Acquiror Stock, but shall, after the Effective Time, be entitled only to such rights as are granted them by Chapter 13 of the CGCL (each dissenting shareholder who is entitled to payment for his shares of Target Stock shall receive such payment in an amount as determined pursuant to Chapter 13 of CGCL), and (C) no fractional shares of Acquiror Stock shall be issued in the Merger and, in lieu thereof, each holder of Target Stock who would otherwise be entitled to receive a fractional share shall receive an amount in cash equal to the product (calculated to the nearest hundredth) obtained by multiplying such fractional share interest by the Average Closing Price.

Certain Exceptions and Limitations. (A) Any shares of Target Stock held by Acquiror or any subsidiary of Acquiror (other than shares held in a fiduciary capacity or as DPC Property) will be canceled at the Effective Time; (B) Target Perfected Dissenting Shares shall not be converted into shares of Acquiror Stock, but shall, after the Effective Time, be entitled only to such rights as are granted them by Chapter 13 of the CGCL (each dissenting shareholder who is entitled to payment for his shares of Target Stock shall receive such payment in an amount as determined pursuant to Chapter 13 of CGCL), and (C) no fractional shares of Acquiror Stock shall be issued in the Bank Merger and, in lieu thereof, each holder of Target Stock who would otherwise be entitled to receive a fractional share shall receive an amount in cash equal to the product (calculated to the nearest hundredthten thousandth) obtained by multiplying such fractional share interest by the Average Closing Price.

Certain Exceptions and Limitations. (A) Any shares of Target Acquiror Stock held by Acquiror Bancorp or any subsidiary of Acquiror Bancorp (other than shares held in a fiduciary capacity or as DPC Property) will be canceled at the Effective Time; (B) Target Acquiror Perfected Dissenting Shares shall not be converted into shares of Acquiror Bancorp Stock, but shall, after the Effective Time, be entitled only to such rights as are granted them by Chapter 13 of the CGCL (each dissenting shareholder who is entitled to payment for his shares of Target Acquiror Stock shall receive such payment in an amount as determined pursuant to Chapter 13 of CGCL), and (C) no fractional shares of Acquiror Bancorp Stock shall be issued in the Bank Merger and, in lieu thereof, each holder of Target Acquiror Stock who would otherwise be entitled to receive a fractional share shall receive an amount in cash equal to the product (calculated to the nearest hundredthten thousandth) obtained by multiplying such fractional share interest by (a) the Average Closing PricePrice times (b) the fraction of the share of Bancorp Stock to which such holder would otherwise be entitled.