CONVERSION OF SPE MEMBERSHIP INTERESTS. (a) Under and subject to the terms and conditions of the respective Formation Transaction Documentation, as the result of an irrevocable election indicated on a Consent Form submitted by a Pre-Formation Participant or as a result of the failure of a Pre-Formation Participant to submit a Consent Form, each Pre-Formation Participant is irrevocably bound to accept and entitled to receive, as a result of and upon consummation of the Merger or other Formation Transactions, a specified share of the sponsors’ value of the Xxxxxx Entities as a whole in the form of the right to receive cash, REIT Shares and/or OP Units as calculated in Section 1.05(b).
Appears in 12 contracts
Samples: Agreement and Plan of Merger (Younan Properties Inc), Agreement and Plan of Merger (Younan Properties Inc), Agreement and Plan of Merger (Younan Properties Inc)