Common use of Conversion Alternatives Clause in Contracts

Conversion Alternatives. Subject to Sections 2.03, 2.04 and 2.05 below with respect to treasury stock, fractional shares and Dissenting BFC Shares, each share of BFC Common Stock issued and outstanding immediately prior to the Effective Date, shall, on the Effective Date, by reason of the Merger and without any action on the part of the holder thereof, cease to be outstanding and be converted into the right to receive, at the election of the holder thereof: (i) a number of shares of CMTY Common Stock calculated on the basis of the Floating Exchange Ratio (unless prior to the Effective Date there has occurred a CMTY Acquisition Transaction, in which event the Fixed Exchange Ratio shall be used in lieu of the Floating Exchange Ratio), including the associated rights to purchase securities pursuant to the Rights Agreement, subject to adjustment as provided in Section 2.07 below (the “Common Stock Consideration”); or (ii) $24.00 (the “Cash Consideration” and, collectively with the Common Stock Consideration, the “Merger Consideration”). Notwithstanding the foregoing, (A) the number of shares of BFC Common Stock to be converted into the right to receive the Common Stock Consideration on the Effective Date (the “Aggregate Common Stock Consideration”) shall be equal, subject to the determination by CMTY in its sole discretion as of a date at least five (5) Business Days prior to the mailing of the Prospectus/Proxy Statement, to a minimum of fifty percent (50%) and a maximum of sixty-five percent (65%) of the total number of shares of BFC Common Stock issued and outstanding on the Effective Date and (B) the number of shares of BFC Common Stock to be converted into the right to receive the Cash Consideration on the Effective Date shall be equal, subject to the determination by CMTY in its sole discretion as of the mailing of the Prospectus/Proxy Statement, to a maximum of fifty percent (50%) and a minimum of thirty-five percent (35%) of the total number of shares of BFC Common Stock issued and outstanding on the Effective Date, minus (1) the aggregate number of shares with respect to which cash is paid in lieu of fractional shares pursuant to Section 2.04 and (2) the number of shares of Dissenting BFC Shares, if any, with respect to which dissenters’ rights have been duly exercised (the “Aggregate Cash Consideration”).

Conversion Alternatives. Subject to Sections 2.03, 2.04 and 2.05 below with respect to treasury stock, fractional shares and Dissenting BFC Shares, each share of BFC Common Stock issued and outstanding immediately prior to the Effective Date, shall, on the Effective Date, by reason of the Merger and without any action on the part of the holder thereof, cease to be outstanding and be converted into the right to receive, at the election of the holder thereof: (i) a number of shares of CMTY Common Stock calculated on the basis of the Floating Exchange Ratio (unless prior to the Effective Date there has occurred a CMTY Acquisition Transaction, in which event the Fixed Exchange Ratio shall be used in lieu of the Floating Exchange Ratio), including the associated rights to purchase securities pursuant to the Rights Agreement, subject to adjustment as provided in Section 2.07 below (the “"Common Stock Consideration”"); or (ii) $24.00 (the “"Cash Consideration” " and, collectively with the Common Stock Consideration, the “"Merger Consideration”"). Notwithstanding the foregoing, (A) the number of shares of BFC Common Stock to be converted into the right to receive the Common Stock Consideration on the Effective Date (the “"Aggregate Common Stock Consideration”") shall be equal, subject to the determination by CMTY in its sole discretion as of a date at least five (5) Business Days prior to the mailing of the Prospectus/Proxy Statement, to a minimum of fifty percent (50%) and a maximum of sixty-five percent (65%) of the total number of shares of BFC Common Stock issued and outstanding on the Effective Date and (B) the number of shares of BFC Common Stock to be converted into the right to receive the Cash Consideration on the Effective Date shall be equal, subject to the determination by CMTY in its sole discretion as of the mailing of the Prospectus/Proxy Statement, to a maximum of fifty percent (50%) and a minimum of thirty-five percent (35%) of the total number of shares of BFC Common Stock issued and outstanding on the Effective Date, minus (1) the aggregate number of shares with respect to which cash is paid in lieu of fractional shares pursuant to Section 2.04 and (2) the number of shares of Dissenting BFC Shares, if any, with respect to which dissenters’ ' rights have been duly exercised (the “"Aggregate Cash Consideration”").

Conversion Alternatives. Subject to Sections 2.03, 2.04 and 2.05 2.07 below ----------------------- with respect to treasury stock, fractional shares and Dissenting BFC NFC Shares, each share of BFC NFC Common Stock issued and outstanding immediately prior to the Effective Date, shall, on the Effective Date, by reason of the Merger and without any action on the part of the holder thereof, cease to be outstanding and be converted into the right to receive, at the election of the holder thereof: (i) a number of 1.58 shares of CMTY NPB Common Stock calculated on (the basis of the Floating Exchange Ratio (unless prior to the Effective Date there has occurred a CMTY Acquisition Transaction, in which event the Fixed Exchange Ratio shall be used in lieu of the Floating "Exchange Ratio"), including the associated rights to purchase securities pursuant to the Rights AgreementAgreement (the number 1.58 shall be adjusted to 1.975 upon completion of the NPB Stock Split), subject to adjustment as provided in Section 2.07 2.06 and Section 2.10 below (the “"Common Stock Consideration”"); or (ii) $24.00 42.43 in cash (the “"Cash Consideration” and, ," and collectively with the Common Stock Consideration, the “"Merger Consideration”"). Notwithstanding the foregoing, (Ai) the number of shares of BFC NFC Common Stock to be converted into the right to receive the Cash Consideration on the Effective Date shall be equal to thirty percent (30%) of the total number of shares of NFC Common Stock issued and outstanding on the Effective Date, (the "Aggregate Cash Consideration"), and (ii) the number of shares of NFC Common Stock to be converted into the right to receive the Common Stock Consideration on the Effective Date (the “"Aggregate Common Stock Consideration”") shall be equal, subject equal to the determination by CMTY in its sole discretion as of a date at least five (5) Business Days prior to the mailing of the Prospectus/Proxy Statement, to a minimum of fifty seventy percent (50%) and a maximum of sixty-five percent (6570%) of the total number of shares of BFC Common Stock issued and outstanding on the Effective Date and (B) the number of shares of BFC Common Stock to be converted into the right to receive the Cash Consideration on the Effective Date shall be equal, subject to the determination by CMTY in its sole discretion as of the mailing of the Prospectus/Proxy Statement, to a maximum of fifty percent (50%) and a minimum of thirty-five percent (35%) of the total number of shares of BFC NFC Common Stock issued and outstanding on the Effective Date, minus (1) the aggregate number of shares with respect to which cash is paid in lieu of fractional shares pursuant to Section 2.04 and (2) the number of shares of Dissenting BFC Shares, if any, with respect to which dissenters’ rights have been duly exercised (the “Aggregate Cash Consideration”).

Conversion Alternatives. Subject to Sections 2.03, 2.04 and 2.05 2.07 below with respect to treasury stock, fractional shares and Dissenting BFC NFC Shares, each share of BFC NFC Common Stock issued and outstanding immediately prior to the Effective Date, shall, on the Effective Date, by reason of the Merger and without any action on the part of the holder thereof, cease to be outstanding and be converted into the right to receive, at the election of the holder thereof: (i) a number of 1.58 shares of CMTY NPB Common Stock calculated on (the basis of the Floating Exchange Ratio (unless prior to the Effective Date there has occurred a CMTY Acquisition Transaction, in which event the Fixed Exchange Ratio shall be used in lieu of the Floating "Exchange Ratio"), including the associated rights to purchase securities pursuant to the Rights AgreementAgreement (the number 1.58 shall be adjusted to 1.975 upon completion of the NPB Stock Split), subject to adjustment as provided in Section 2.07 2.06 and Section 2.10 below (the “"Common Stock Consideration”"); or (ii) $24.00 42.43 in cash (the “"Cash Consideration” and, ," and collectively with the Common Stock Consideration, the “"Merger Consideration”"). Notwithstanding the foregoing, (Ai) the number of shares of BFC NFC Common Stock to be converted into the right to receive the Cash Consideration on the Effective Date shall be equal to thirty percent (30%) of the total number of shares of NFC Common Stock issued and outstanding on the Effective Date, (the "Aggregate Cash Consideration"), and (ii) the number of shares of NFC Common Stock to be converted into the right to receive the Common Stock Consideration on the Effective Date (the “"Aggregate Common Stock Consideration”") shall be equal, subject equal to the determination by CMTY in its sole discretion as of a date at least five (5) Business Days prior to the mailing of the Prospectus/Proxy Statement, to a minimum of fifty seventy percent (50%) and a maximum of sixty-five percent (6570%) of the total number of shares of BFC Common Stock issued and outstanding on the Effective Date and (B) the number of shares of BFC Common Stock to be converted into the right to receive the Cash Consideration on the Effective Date shall be equal, subject to the determination by CMTY in its sole discretion as of the mailing of the Prospectus/Proxy Statement, to a maximum of fifty percent (50%) and a minimum of thirty-five percent (35%) of the total number of shares of BFC NFC Common Stock issued and outstanding on the Effective Date, minus (1) the aggregate number of shares with respect to which cash is paid in lieu of fractional shares pursuant to Section 2.04 and (2) the number of shares of Dissenting BFC Shares, if any, with respect to which dissenters’ rights have been duly exercised (the “Aggregate Cash Consideration”).

Conversion Alternatives. Subject to Sections 2.03, 2.04 and 2.05 below with respect to treasury stock, fractional shares and Dissenting BFC Sharesdissenting shares of East Prospect Common Stock, each share of BFC East Prospect Common Stock issued and outstanding immediately prior to the Effective Date, shall, on the Effective Date, by reason of the Merger and without any action on the part of the holder thereof, cease to be outstanding and be converted into the right to receive, at the election of the holder thereof: (i) a number of shares of CMTY Common Stock calculated on the basis of the Floating Exchange Ratio (unless prior to the Effective Date there has occurred a CMTY Acquisition Transaction, in which event the Fixed Exchange Ratio shall be used in lieu of the Floating Exchange Ratio), including the associated rights to purchase securities pursuant to the Rights Agreement, subject to adjustment as provided in Section 2.07 below (the “Common Stock Consideration”); or (ii) $24.00 565.80 (the “Cash Consideration” and, collectively with the Common Stock Consideration, the “Merger Consideration”). Notwithstanding the foregoing, (Ai) the number of shares of BFC East Prospect Common Stock to be converted into the right to receive the Common Stock Consideration on the Effective Date (the “Aggregate Common Stock Consideration”) shall be equal, subject to the determination by CMTY in its sole discretion as of a date at least five (5) Business Days prior to the mailing of the Prospectus/Proxy Statement, to a minimum of fifty percent (50%) and a maximum of sixtyseventy-five percent (6575%) of the total number of shares of BFC East Prospect Common Stock issued and outstanding on the Effective Date and (Bii) the number of shares of BFC East Prospect Common Stock to be converted into the right to receive the Cash Consideration on the Effective Date shall be equal, subject to the determination by CMTY in its sole discretion as of a date at least five (5) Business Days prior to the mailing of the Prospectus/Proxy Statement, to a maximum of fifty percent (50%) and a minimum of thirtytwenty-five percent (3525%) of the total number of shares of BFC East Prospect Common Stock issued and outstanding on the Effective Date, minus (1A) the number of shares of East Prospect Common Stock, if any, with respect to which dissenters’ rights have been duly exercised and (B) the aggregate number of shares with respect to which cash is paid in lieu of fractional shares pursuant to Section 2.04 and (2) the number of shares of Dissenting BFC Shares, if any, with respect to which dissenters’ rights have been duly exercised (the “Aggregate Cash Consideration”).