Deemed Non-Election. For the purposes hereof, a holder of Common Shares who does not submit a Form of Election that is received by the Paying Agent prior to the Election Deadline (as defined in Section 1.9.9) shall be deemed not to have properly made a Cash Election. If PennCorp 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 3 contracts
Samples: Agreement and Plan of Merger (Washington National Corp), Agreement and Plan of Merger (Washington National Corp), Agreement and Plan of Merger (Penncorp Financial Group Inc /De/)
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 (as defined in Section 1.9.9the "NO ELECTION SHARES") shall be deemed not to have properly made a Cash Election. If PennCorp 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 3 contracts
Samples: Merger Agreement (Stinehart William Jr), Merger Agreement (Tribune Co), Merger Agreement (Stinehart William Jr)
