Deemed Non-Election. For the purposes hereof, a holder of Company Common Shares who does not submit a Form of Election that is received by the Paying Agent prior to the Election Deadline (the "NO ELECTION SHARES") shall be deemed not to have made a Cash Election,
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Tribune Co), Agreement and Plan of Merger (Stinehart William Jr), Agreement and Plan of Merger (Stinehart William Jr)
Deemed Non-Election. For the purposes hereof, a holder of Company Common Shares who does not submit a Form of Election that is received by the Paying Exchange Agent prior to the Election Deadline (the "NO ELECTION SHARES") shall be deemed not to have made a Cash Stock Election,. If Parent or the Exchange Agent shall determine that any purported Election was not properly made, the shares subject to such improperly made Election shall be treated as No Election Shares.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Delta Beverage Group Inc), Agreement and Plan of Merger (Whitman Corp/New/)
Deemed Non-Election. For the purposes hereof, a holder of Company Common Shares who does not submit a Form of Election that is received by the Paying Agent prior to the Election Deadline (the "NO ELECTION SHARES"as defined in Section 2.2.6) shall be deemed not to have properly made a Cash Election,. If Nipsco or the Paying Agent shall determine that any purported Cash Election was not properly made, such purported Cash Election shall be deemed to be of no force and effect.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Bay State Gas Co /New/)
