Election Procedure. (a) Each person who, on or prior to the Election Date, is a registered holder of Shares, other than Excluded Shares, shall be entitled to specify the number of such holder’s Shares with respect to which such holder makes a Mixed Election, a Cash Election or a Stock Election by complying with the procedures set forth in this Section 4.3.
(b) Parent shall prepare and file as an exhibit to the Form S-4 a form of election (the “Form of Election”) (which shall specify that delivery shall be effected, and risk of loss and title to the Certificates shall pass, only upon delivery of the Form of Election and such Certificates to the Exchange Agent, and which shall be in such form and shall have such other customary provisions as Parent and the Company may reasonably agree) and the Company shall mail to each registered holder of Shares as of the record date for the Company Shareholders Meeting the Form of Election with the Company’s proxy statement. The Form of Election shall be used by each registered holder of Shares (or, in the case of nominee holders, the beneficial owner through proper instructions and documentation) to make a Mixed Election, a Cash Election or a Stock Election. In the event that a holder fails to make a Mixed Election, a Cash Election or a Stock Election with respect to any Shares held or beneficially owned by such holder, then such holder shall be deemed to have made a Mixed Election with respect to those Shares (each such Share, a “Non-Electing Share”). The Company shall use its commercially reasonable efforts to make the Form of Election available to all persons who become registered holders of Shares during the period between the record date for the Company Shareholders Meeting and the Election Date.
(c) Any holder’s election will be deemed properly made only if the Exchange Agent has received at its designated office, by 5:00 p.m. (New York City time) on (i) the date of the Company Shareholders Meeting or (ii) if the Closing Date is more than four (4) Business Days after the date of the Company Shareholders Meeting, the date that is two (2) Business Days preceding the Closing Date (the “Election Date”), a Form of Election duly completed and validly executed and accompanied by (A) Certificates representing the Shares to which such Form of Election relates (or customary affidavits and, if required by the procedures set forth in the Form of Election, the posting by such person of a bond in such reasonable amount as the Form of Election may d...
Election Procedure. (1) The Financial Services Union must take the initiative to hold elections as set out in article 5. The protection of union representatives becomes effective at the time the employer is informed in writing of the election results.
(2) The election is not valid until it has been approved by the Financial Services Union and the company has been notified in writing of the results, where appropriate by e-mail. The notice from the Financial Services Union must contain the following information: - the election date - the name and occupation of the person elected - the unit(s) for which the person in question has been elected union representative - the number of members of the Financial Services Union in the unit(s) in question - the number of participants in the election.
(3) Any objections to the election must reach the Financial Services Union no later than four weeks after receipt of the written notice from the Financial Services Union concerning its approval of the election. The employer’s objections to the election must be submitted to FA, which must pass on the objections to the Financial Services Union within the four- week period allowed for submitting objections. In the event of disagreement, the matter must be subject to negotiation between the parties to the agreement, and if no agreement can be reached, the matter must be heard by an arbitration tribunal in accordance with the rules governing the handling of union-related disputes.
Election Procedure. To elect Preferential Placement the employee shall designate up to twelve (12) domestic General Electric Company manufacturing plant, service shop or distribution center locations within the four-year eligibility period on forms provided exclusively by the Company. Effective January 1, 2004, the term “locations” used in the prior sentence shall be construed for the sole purpose of this paragraph to include like locations maintained by GE affiliates participating in the GE Job and Income Security Plan for Hourly Employees and the GE Job and Income Security Plan for Nonexempt Employees. This election will not affect an individual’s continuity of service. Individuals otherwise eligible for Preferential Placement pursuant to Section (e)(1)(i) and Section (e)(1)(ii) above, and who have made this election, will be placed in Preferential Placement status either: (i) on their designated termination date for plant closing, or (ii) on their layoff date. Individuals eligible for Preferential Placement under Section 3(e)(1) (iii) and who have made this election, will be placed on Preferential Placement after three (3) months on protected service due to layoff. Individuals otherwise eligible for Preferential Placement pursuant to Section 3(e)(1)(i) or Section 3(e)(1)(ii) above may request, following the conclusion of decision bargaining, that their plant closing or layoff date be advanced in order to assume Preferential Placement and accept placement prior to their anticipated plant closing or layoff date. Local management shall give due regard to such request. Locations can be added to the employee’s list to reach the twelve (12) limit, but no listed locations can be eliminated and replaced or substituted for (even if closed).
Election Procedure. No later than 45 days prior to the Effective Time, OVBC shall cause the Exchange Agent to mail or make available to each holder of record of a certificate or certificates which immediately prior to the Effective Time represented issued and outstanding MB Common Shares ("Old Certificates"): (i) a notice and letter of transmittal, specifying that delivery shall be effected and risk of loss and title to the Old Certificates shall pass only upon proper delivery of such certificates to the Exchange Agent and advising such holder of the effectiveness of the Parent Merger and the procedure for surrendering to the Exchange Agent the Old Certificates in exchange for the consideration set forth in Section 3.01, and (ii) an election form in such form as OVBC and MB shall mutually agree to within 60 days of the date of this Agreement (the "Election Form"). Each Election Form shall permit the holder (or in the case of nominee record holders, the beneficial owner through proper instructions and documentation) (i) to elect to receive the Per Share Stock Consideration with respect to all of such holder's MB Common Shares, (ii) to elect to receive the Per Share Cash Consideration with respect to all of such holder's MB Common Shares, (iii) to elect to receive the Per Share Cash Consideration with respect to some of such holder's MB Common Shares and to receive the Per Share Stock Consideration with respect to such holder's remaining MB Common Shares, or (iv) to indicate that such holder makes no such election with respect to such holder's MB Common Shares ("No Election Shares"). Any MB Common Shares with respect to which the holder has elected to receive the Per Share Cash Consideration are hereinafter referred to as "Cash Election Shares," and any MB Common Shares with respect to which the holder has elected to receive the Per Share Stock Consideration are hereinafter referred to as "Stock Election Shares." Any MB Common Shares with respect to which the holder thereof shall not, as of the Election Deadline, have made an election by submission to the Exchange Agent of an effective, properly completed Election Form shall be deemed to be No Election Shares. Any Dissenting Shares shall be deemed to be Cash Election Shares for purposes of the allocation provisions of Subsection (d) below, but in no event shall such shares be classified as Reallocated Stock Shares.
Election Procedure. Each holder of Columbia Shares (other than holders of Columbia Shares to be cancelled as set forth in Section 2.1(d)) shall have the right to submit a request specifying either that such holder’s Columbia Shares shall be converted into the Fulton Stock Consideration, Cash Consideration or a combination of Cash Consideration and Fulton Stock Consideration, without interest, in the Merger in accordance with the following procedures:
(i) Each holder of Columbia Shares may specify in a request made in accordance with the provisions of this Section 2.2 (herein called an “Election”) to either: (i) convert each Columbia Share owned by such holder into the right to receive the Fxxxxx Stock Consideration in the Merger (a “Stock Election”); (ii) convert each Columbia Share owned by such holder into the right to receive the Cash Consideration in the Merger (a “Cash Election”); or (iii) convert a portion of the Columbia Shares owned by such holder into the right to receive the Cash Consideration in the Merger, and a portion of the Columbia Shares owned by such holder into the right to receive the Fxxxxx Stock Consideration in the Merger, in such ratio of Fulton Stock Consideration to Cash Consideration of 90%/10% 80%/20%, 70%/30%, 60%/40%, 50%/50%, 40%/60%, 30%/70%, 20%/80%, 10%/90% (a “Cash/Stock Election”). A Form of Election (as defined below) shall be included with each copy of the Proxy Statement/Prospectus (as defined in Section 6.1(b)) mailed to stockholders of Columbia in connection with the meeting of stockholders called to consider the approval of this Agreement. Fulton and Columbia shall each use its reasonable best efforts to mail or otherwise make available the Form of Election to all persons who become holders of Columbia Shares during the period between the record date for such stockholder meeting and the Election Deadline (as defined in Section 2.2(a)(iv)).
(ii) Fulton shall prepare a form (the “Form of Election”), which shall be in form and substance acceptable to Columbia, pursuant to which each holder of Columbia Shares, no later than at the close of business on the Election Deadline, may make an Election and which shall be mailed to the Columbia stockholders in accordance with Section 2.2(a)(i) so as to permit Columbia’s stockholders to exercise their right to make an Election on or prior to the Election Deadline.
(iii) Holders of record of Columbia Shares who hold such shares as nominees, trustees, or in other representative capacities may submit ...
Election Procedure. 1. For all Departments, the elections shall be held at the beginning of the winter session of even-numbered years. Furthermore, in the English and French Departments, elections shall also be held in odd-numbered years for one (1) of the two (2) members representing the Department’s Instructors, to ensure continuity within the Committee. The Union shall inform eligible members about the election procedure for Personnel Committee members. The period of nominations for candidates shall last fourteen (14) Days;
2. At the end of the nomination period, the Union shall send the Instructors in each Department a list of candidates as well as a ballot form;
3. The elections shall be held over a period of seven (7) consecutive Days and conclude at the latest at the end of the fifth (5th) week of the session.
Election Procedure. 4 1.5. Issuance of Purchaser Stock and Payment of Cash Consideration; Proration...................................................................6 1.6. Issuance of Purchaser Stock.....................................................................8 1.7. Payment of Cash Consideration...................................................................9 1.8. Options........................................................................................10 1.9.
Election Procedure. An election form and other appropriate and customary transmittal materials (which shall specify that delivery shall be effected, and risk of loss and title to the certificates theretofore representing the Seller Shares shall pass, only upon proper delivery of such certificates to the Exchange Agent (as defined below)) in such form as Buyer and Seller shall mutually agree (the “Election Form”) shall be mailed at least 30 calendar days prior to the anticipated Effective Time or on such other date as Seller and Buyer shall mutually agree (the “Mailing Date”) to each holder of record of Seller Shares as of the close of business on the fifth Nasdaq trading day prior to the Mailing Date (the “Election Form Record Date”).
Election Procedure. 4.1. The Financial Services Union takes the initiative to hold an election. The protection of the trade union representative commences on the date when the company receives written information about the election result.
4.2. The election is not valid until it has been approved by the Financial Services Union and communicated to the company in writing, possibly by email. The notice from the Financial Services Union must include information about: – The date of the election – The name and job title of the person elected – The number of members of the Financial Services Union employed by the company – The number of persons participating in the election.
4.3. Any objections to the election must be received by the Financial Services Union within four weeks of receipt of the written notice from the Financial Services Union about the approval of the election. In case of disputes, the matter is negotiated between the contracting parties, and if no agreement is reached in this way, the matter is brought before an arbitration tribunal according to the rules for settlement of industrial disputes.
Election Procedure. 30-3-1 Consent of the Innovation Plan Application shall be based on obtaining the approval, by means of a secret ballot vote, of a majority of teachers employed at the school. If DCTA collective bargaining agreement waivers are included in the Innovation Plan, consent of the Innovation Plan Application shall be based on obtaining the approval, by means of a secret ballot vote, of sixty percent (60%) of members of the collective bargaining agreement at the school.
