Common use of Choice of Election Clause in Contracts

Choice of Election. Each Election Form shall permit the holder (or the beneficial owner through appropriate and customary documentation and instructions) to specify (i) the number of such holder’s (or such beneficial owner’s) Common Units with respect to which such holder (or such beneficial owner) elects to receive (A) the Per Unit Mixed Consideration, (B) the Per Unit Stock Consideration or (C) the Per Unit Cash Election Consideration or (ii) that such holder (or such beneficial owner) makes no election with respect to such holder’s (or such beneficial owner’s) Common Units. Any Common Units with respect to which the Exchange Agent does not receive a properly completed Election Form during the period (the “Election Period”) from the Mailing Date to 5:00 p.m., New York time, on the second (2nd) business day prior to the Effective Time (the “Election Deadline”) shall be deemed to be No Election Units. Parent shall publicly announce the anticipated Election Deadline at least five (5) business days prior to the Election Deadline. If the Effective Time is delayed to a subsequent date, the Election Deadline shall be similarly delayed to a subsequent date (which shall be the second (2nd) business day prior to the Effective Time or such other date as mutually agreed to by Parent and the Partnership), and Parent shall promptly announce any such delay and, when determined, the rescheduled Election Deadline. For the purposes of this Agreement, “No Election Unit” means each Common Unit for which no election to receive Per Unit Mixed Consideration, Per Unit Cash Election Consideration or Per Unit Stock Consideration has been properly made and received in accordance with the terms of this Section 2.3. For the avoidance of doubt, for purposes of this Section 2.3, references to Common Units shall include, or be deemed to include, Restricted Units.

Choice of Election. Each Election Form shall permit the holder (or the beneficial owner through appropriate and customary documentation and instructions) to specify (i) the number of such holder’s (or such beneficial owner’s) shares of Company Common Units Stock with respect to which such holder (or such beneficial owner) elects to receive (A) the Per Unit Mixed Stock Election Consideration, (Bii) the Per Unit number of shares of Company Common Stock Consideration or (C) with respect to which such holder elects to receive the Per Unit Cash Election Consideration or (iiiii) that such holder (or such beneficial owner) makes no election with respect to such holder’s (or such beneficial owner’s) shares of Company Common UnitsStock. Any shares of Company Common Units Stock with respect to which the Exchange Agent does not receive a properly completed Election Form during the period (the “Election Period”) from the Mailing Date to 5:00 p.m., New York time, on the second (2nd) business day Business Day prior to the Effective Time or such other time as mutually agreed by Parent and the Company (the “Election Deadline”) shall be deemed to be No Election UnitsShares. Parent shall publicly announce the anticipated Election Deadline at least five (5) business days Business Days prior to the Election Deadline. If the Effective Time is delayed to a subsequent date, the Election Deadline shall be similarly delayed to a subsequent date (which shall be the second (2nd) business day Business Day prior to the Effective Time or such other date as mutually agreed to by Parent and the PartnershipCompany), and Parent shall promptly announce any such delay and, when determined, the rescheduled Election Deadline. For the purposes of this Agreement, “No Election UnitShare” means each share of Company Common Unit Stock for which (i) no election to receive Per Unit Mixed Consideration, Per Unit Cash Election Consideration or Per Unit Stock Election Consideration has been properly made and received made, or no Election Form has been properly returned, in accordance with the terms of this Section 2.3. For 3.2, (ii) an Election Form specifies that the avoidance of doubt, for purposes holder thereof makes no election with respect to such share or (iii) an election to receive Cash Election Consideration or Stock Election Consideration has been properly revoked in accordance with the terms of this Section 2.3, references to 3.2. Shares of Company Common Units Stock that are Escrow Trust Shares at the Election Deadline shall include, or be deemed to include, Restricted Unitstreated as No Election Shares.

Choice of Election. Each Election Form shall permit the holder (or the beneficial owner through appropriate and customary documentation and instructions) to specify (i) the number of such holder’s (or such beneficial owner’s) Common Units with respect to which such holder (or such beneficial owner) elects to receive (A) the Per Unit Mixed Consideration, (B) the Per Unit Stock Consideration or (C) the Per Unit Cash Election Consideration or (ii) that such holder (or such beneficial owner) makes no election with respect to such holder’s (or such beneficial owner’s) Common Units. Any Common Units with respect to which the Exchange Agent does not receive a properly completed Election Form during the period (the “Election Period”) from the Mailing Date to 5:00 p.m., New York time, on the second (2nd) business day prior to the Effective Time (the “Election Deadline”) shall be deemed to be No Election Units. Parent shall publicly announce the anticipated Election Deadline at least five (5) business days prior to the Election Deadline. If the Effective Time is delayed to a subsequent date, the Election Deadline shall be similarly delayed to a subsequent date (which shall be the second (2nd) business day prior to the Effective Time or such other date as mutually agreed to by Parent and the Partnership), and Parent shall promptly announce any such delay and, when determined, the rescheduled Election Deadline. For the purposes of this Agreement, “No Election Unit” means each Common Unit for which no election to receive Per Unit Mixed Consideration, Per Unit Cash Election Consideration or Per Unit Stock Consideration has been properly made and received in accordance with the terms of this Section 2.3. For the avoidance of doubt, for purposes of this Section 2.3, references to Common Units shall include, or be deemed to include, Restricted Units.delay

Choice of Election. Each Election Form shall permit the holder (or the beneficial owner through appropriate and customary documentation and instructions) to specify (i) the number of such holder’s (or such beneficial owner’s) Company Common Units Shares with respect to which such holder (or such beneficial owner) elects to receive (A) the Per Unit Mixed Consideration, (Bii) the Per Unit number of Company Common Shares with respect to which such holder elects to receive the Stock Consideration or Election Consideration, (Ciii) the Per Unit number of Company Common Shares with respect to which such holder elects to receive the Cash Election Consideration or (iiiv) that such holder (or such beneficial owner) makes no election with respect to such holder’s (or such beneficial owner’s) 's Company Common UnitsShares. Any Company Common Units Shares with respect to which the Exchange Agent does not receive a properly completed Election Form during the period (the “"Election Period”") from the Mailing Date to 5:00 p.m., New York time, on the second (2nd) business day Business Day prior to the Effective Time or such other time as mutually agreed by Parent and the Company (the “"Election Deadline”") shall be deemed to be No Election UnitsShares. Parent shall publicly announce the anticipated Election Deadline at least five (5) business days Business Days prior to the Election Deadline. If the Effective Time is delayed to a subsequent date, the Election Deadline shall be similarly delayed to a subsequent date (which shall be the second (2nd) business day Business Day prior to the Effective Time or such other date as mutually agreed to by Parent and the PartnershipCompany), and Parent shall promptly announce any such delay and, when determined, the rescheduled Election Deadline. For the purposes of this Agreement, “"No Election Unit” Share" means each Company Common Unit Share for which no election to receive Per Unit Mixed Consideration, Per Unit Cash Election Consideration or Per Unit Stock Election Consideration has been properly made and received in accordance with the terms of this Section 2.3. For 2.02 or for which such election has been properly revoked in accordance with the avoidance of doubt, for purposes terms of this Section 2.3, references to Common Units shall include, or be deemed to include, Restricted Units2.02.

Choice of Election. Each Election Form shall permit the holder (or the beneficial owner through appropriate and customary documentation and instructions) of a NTI Common Unit (other than a NTI Restricted Unit) to specify (i) the number of such holder’s (or such beneficial owner’s) NTI Common Units (other than NTI Restricted Units) with respect to which such holder (or such beneficial owner) elects to receive (A) the Per Unit Mixed Consideration, (B) the Per Unit Stock Election Consideration or (C) the Per Unit Cash Election Consideration or (ii) that such holder (or such beneficial owner) makes no election with respect to such holder’s (or such beneficial owner’s) NTI Common Units (“No Election Units”). Any NTI Common Units with respect to which the Exchange Agent does not receive a properly completed Election Form during the period (the “Election Period”) from the Mailing Date to 5:00 p.m., New York time, on the second (2nd) business day Business Day prior to the Effective Time or such other time as mutually agreed by WNR and NTI (the “Election Deadline”) shall be deemed to be No Election Units. Parent WNR shall publicly announce the anticipated Election Deadline at least five (5) business days Business Days prior to the Election Deadline. If the Effective Time is delayed to a subsequent date, the Election Deadline shall be similarly delayed to a subsequent date (which shall be the second (2nd) business day Business Day prior to the Effective Time or such other date as mutually agreed to by Parent WNR and the PartnershipNTI), and Parent WNR shall promptly announce any such delay and, when determined, the rescheduled Election Deadline. For the purposes of this Agreement, “No Election Unit” means each Common Unit for which no election to receive Per Unit Mixed Consideration, Per Unit Cash Election Consideration or Per Unit Stock Consideration has been properly made and received in accordance with the terms of this Section 2.3. For the avoidance of doubt, for purposes of this Section 2.3, references to Common Units shall include, or be deemed to include, Restricted Units.

Choice of Election. Each Election Form shall permit the holder (or the beneficial owner through appropriate and customary documentation and instructions) to specify (i) the number of such holder’s (or such beneficial owner’s) Company Common Units Shares with respect to which such holder (or such beneficial owner) elects to receive (A) the Per Unit Mixed Consideration, (Bii) the Per Unit number of Company Common Shares with respect to which such holder elects to receive the Stock Consideration or Election Consideration, (Ciii) the Per Unit number of Company Common Shares with respect to which such holder elects to receive the Cash Election Consideration or (iiiv) that such holder (or such beneficial owner) makes no election with respect to such holder’s (or such beneficial owner’s) Company Common UnitsShares. Any Company Common Units Shares with respect to which the Exchange Agent does not receive a properly completed Election Form during the period (the “Election Period”) from the Mailing Date to 5:00 p.m., New York time, on the second (2nd) business day Business Day prior to the Effective Time or such other time as mutually agreed by Parent and the Company (the “Election Deadline”) shall be deemed to be No Election UnitsShares. Parent shall publicly announce the anticipated Election Deadline at least five (5) business days Business Days prior to the Election Deadline. If the Effective Time is delayed to a subsequent date, the Election Deadline shall be similarly delayed to a subsequent date (which shall be the second (2nd) business day Business Day prior to the Effective Time or such other date as mutually agreed to by Parent and the PartnershipCompany), and Parent shall promptly announce any such delay and, when determined, the rescheduled Election Deadline. For the purposes of this Agreement, “No Election UnitShare” means each Company Common Unit Share for which no election to receive Per Unit Mixed Consideration, Per Unit Cash Election Consideration or Per Unit Stock Election Consideration has been properly made and received in accordance with the terms of this Section 2.3. For 2.02 or for which such election has been properly revoked in accordance with the avoidance of doubt, for purposes terms of this Section 2.3, references to Common Units shall include, or be deemed to include, Restricted Units2.02.