Common use of Dissenters Clause in Contracts

Dissenters. Any shareholder of the Bank perfecting dissenters' rights with respect to the Share Exchange in the manner required by Article 13 of Chapter 55 of the North Carolina General Statutes shall be entitled to receive payment of the fair value of his shares of Bank Stock in the manner and pursuant to the procedures provided therein. Any shares of Corporation Stock authorized to be issued pursuant to this Plan but not exchanged for shares of Bank Stock because of the dissent or objection of a shareholder of the Bank and the receipt by him of cash in lieu of shares, may be sold by the Transfer Agent at public auction or by private sale (including a sale to the Corporation), or through a dealer or by any other reasonable method, at its election, for the best available price, and the net proceeds of any such sale shall be retained by the Corporation.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Mountainbank Financial Corp), Agreement and Plan of Reorganization (Mountainbank Financial Corp)

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Dissenters. Any shareholder of the Bank perfecting dissenters' rights with respect to the Share Exchange in the manner required by Article 13 of Chapter 55 of the North Carolina General Statutes shall be entitled to receive payment of the fair value of his or her shares of Bank Stock in the manner and pursuant to the procedures provided therein. Any shares of Corporation Stock authorized to be issued pursuant to this Plan but not exchanged for shares of Bank Stock because of the dissent or objection of a shareholder of the Bank and the receipt by him or her of cash in lieu of shares, may be sold by the Transfer Agent at public auction or by private sale (including a sale to the Corporation), or through a dealer or by any other reasonable method, at its election, for the best available price, and the net proceeds of any such sale shall be retained by the Corporation.

Appears in 1 contract

Samples: Agreement and Plan (North State Bancorp)

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Dissenters. Any shareholder of In the Bank perfecting event that dissenters' rights with respect to the Share Exchange in the manner required provided for by Article 13 of Chapter 55 of the North Carolina General Statutes shall be applicable to the Share Exchange, then any shareholder of the Bank who perfects such rights shall be entitled to receive payment of the fair value of his or her shares of Bank Stock in the manner and pursuant to the procedures provided therein. Any shares of Corporation Stock authorized to be issued pursuant to this Plan but not exchanged for shares of Bank Stock because of the dissent or objection of a shareholder of the Bank and the receipt by him or her of cash in lieu of shares, may be sold by the Transfer Agent at public auction or by private sale (including a sale to the Corporation), or through a dealer or by any other reasonable method, at its election, for the best available price, and the net proceeds of any such sale shall be retained by the Corporation.

Appears in 1 contract

Samples: Agreement and Plan (Bank of the Carolinas CORP)

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