Common use of Election Procedures; Exchange Agent Clause in Contracts

Election Procedures; Exchange Agent. (a) Prior to the date of the Company Stockholder Meeting, Parent and the Company shall prepare a form (an "ELECTION FORM") pursuant to which a holder of record of Company Shares may make a Cash Election with respect to each Company Share owned by such holder. The Company shall cause an Election Form and a letter of transmittal and instructions (which shall specify that the delivery shall be effected, and risk of loss and title shall pass, only upon proper delivery of the Certificates to the Exchange Agent) for use in exchanging certificates representing Company Shares (the "CERTIFICATES") for the Merger Consideration to be included with the Company Proxy Statement (as defined in Section 5.9(a)) and mailed to each holder of record of Company Shares as of the record date for such meeting.

Election Procedures; Exchange Agent. (a) Prior to the date of the Company Stockholder MeetingShareholder Meeting (as defined in Section 7.02), Parent and the Company shall prepare a form (an "ELECTION FORM"“Election Form”) pursuant to which a holder of record of Company Shares may make a Cash Election with respect to each Company Share owned by such holder. The Company shall cause an Election Form and a letter of transmittal and instructions (which shall specify that the delivery shall be effected, and risk of loss and title shall pass, only upon proper delivery of the Certificates to the Exchange Agent) for use in exchanging certificates representing Company Shares (the "CERTIFICATES"“Certificates”) for the Merger Consideration to be included with the Company Proxy Statement (as defined in Section 5.9(a5.09(a)) and mailed to each holder of record of Company Shares as of the record date for such meeting.

Election Procedures; Exchange Agent. (a) Prior to the date of the Company Stockholder MeetingShareholder Meeting (as defined in Section 7.02), Parent and the Company shall prepare a form (an "ELECTION FORM") pursuant to which a holder of record of Company Shares may make a Cash Election with respect to each Company Share owned by such holder. The Company shall cause an Election Form and a letter of transmittal and instructions (which shall specify that the delivery shall be effected, and risk of loss and title shall pass, only upon proper delivery of the Certificates to the Exchange Agent) for use in exchanging certificates representing Company Shares (the "CERTIFICATES") for the Merger Consideration to be included with the Company Proxy Statement (as defined in Section 5.9(a5.09(a)) and mailed to each holder of record of Company Shares as of the record date for such meeting.

Election Procedures; Exchange Agent. (a) Prior to the date of the Company Stockholder Meeting, Parent and the Company shall prepare a form (an "ELECTION FORM"“Election Form”) pursuant to which a holder of record of Company Shares may make a Cash Election with respect to each Company Share owned by such holder. The Company shall cause an Election Form and a letter of transmittal and instructions (which shall specify that the delivery shall be effected, and risk of loss and title shall pass, only upon proper delivery of the Certificates to the Exchange Agent) for use in exchanging certificates representing Company Shares (the "CERTIFICATES"“Certificates”) for the Merger Consideration to be included with the Company Proxy Statement (as defined in Section 5.9(a)) and mailed to each holder of record of Company Shares as of the record date for such meeting.