Common use of Election Forms and Types of Elections Clause in Contracts

Election Forms and Types of Elections. An election form in such form and substance as designated by Parent and reasonably acceptable to the Company (the “Election Form”) shall be mailed by the Company with the Proxy Statement/Prospectus (the “Mailing Date”) to each holder of record of Company Common Stock as of the Company Record Date. Parent shall make available one or more Election Forms as may be reasonably requested by all persons who become holders of Company Common Stock after the Company Record Date and prior to the Election Deadline, and the Company shall promptly provide or cause to be provided to the Exchange Agent all information in the Company’s possession reasonably necessary for it to perform its obligations as specified herein. Subject to the other provisions of this Article II, each Election Form shall permit the holder (or the beneficial owner through appropriate and customary documentation and instructions) to elect (an “Election”) to receive either (A) Parent Common Stock (a “Stock Election”) with respect to all of such holder’s Company Common Stock, (B) cash (a “Cash Election”) with respect to all of such holder’s Company Common Stock, or (C) Parent Common Stock in exchange for either a specified number of shares of Company Common Stock (a “Combination Stock Election”) and cash in exchange for a specified number of shares of Company Common Stock (a “Combination Cash Election”). Any Company Common Stock (other than Dissenting Shares or Excluded Shares) with respect to which the holder (or indirectly the beneficial owner) shall not have submitted to the Exchange Agent an effective, properly completed Election Form, which was received prior to the Election Deadline, shall be deemed to be “Undesignated Shares” under this Agreement.

Election Forms and Types of Elections. An election form in such form and substance as designated by Parent Buyer and reasonably acceptable to the Company (the “Election Form”) shall be mailed by the Company with the Joint Proxy Statement/Prospectus (the “Mailing Date”) to each holder of record of Company Common Stock as of the Company Record Date. Parent Buyer shall make available one or more Election Forms as may be reasonably requested by all persons who become holders of Company Common Stock after the Company Record Date and prior to the Election Deadline, and the Company shall promptly provide or cause to be provided to the Exchange Agent all information in the Company’s possession reasonably necessary for it to perform its obligations as specified herein. Subject In the event that Buyer submits a Cash Consideration Notice, subject to the other provisions of this Article IIIII, each Election Form shall permit the holder (or the beneficial owner through appropriate and customary documentation and instructions) to elect (an “Election”) to receive either (A) Parent Buyer Common Stock (a “Stock Election”) with respect to all of such holder’s Company Common Stock, (B) cash (a “Cash Election”) with respect to all of such holder’s Company Common Stock, or (C) Parent Buyer Common Stock in exchange for either a specified number of shares of Company Common Stock (a “Combination Stock Election”) and or cash in exchange for a specified number of shares of Company Common Stock (a “Combination Cash Election”). Any Company Common Stock (other than Dissenting Shares or Excluded Shares) with respect to which the holder (or indirectly the beneficial owner) shall not have submitted to the Exchange Agent an effective, properly completed Election Form, which was received prior to the Election Deadline, shall be deemed to be “Undesignated Shares” under this Agreement.

Election Forms and Types of Elections. An election form in such form and substance as designated by Parent and reasonably acceptable to the Company (the “"Election Form”") shall be mailed by the Company with the Proxy Statement/Prospectus (the “"Mailing Date”") to each holder of record of Company Common Stock as of the Company Record Date. Parent shall make available one or more Election Forms as may be reasonably requested by all persons who become holders of Company Common Stock after the Company Record Date and prior to the Election Deadline, and the Company shall promptly provide or cause to be provided to the Exchange Agent all information in the Company’s 's possession reasonably necessary for it to perform its obligations as specified herein. Subject to the other provisions of this Article II, each Election Form shall permit the holder (or the beneficial owner through appropriate and customary documentation and instructions) to elect (an “"Election”") to receive either (A) Parent Common Stock (a “"Stock Election”") with respect to all of such holder’s 's Company Common Stock, (B) cash (a “"Cash Election”") with respect to all of such holder’s 's Company Common Stock, or (C) Parent Common Stock in exchange for either a specified number of shares of Company Common Stock (a “"Combination Stock Election”") and cash in exchange for a specified number of shares of Company Common Stock (a “"Combination Cash Election”"). Any Company Common Stock (other than Dissenting Shares or Excluded Shares) with respect to which the holder (or indirectly the beneficial owner) shall not have submitted to the Exchange Agent an effective, properly completed Election Form, which was received prior to the Election Deadline, shall be deemed to be “"Undesignated Shares” " under this Agreement.