Election Procedures. (a) 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 shares of Company Common Stock shall pass, only upon proper delivery of such certificates to the Exchange Agent (as defined below)) in such form as Parent and the Company shall mutually agree (the “Election Form”) shall be mailed 35 days prior to the anticipated Effective Date or on such other date as the Company and Parent shall mutually agree (the “Mailing Date”) to each holder of record of Company Common Stock as of the close of business on the fifth business day prior to the Mailing Date (the “Election Form Record Date”).
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Community Banks Inc /Pa/), Agreement and Plan of Merger (Susquehanna Bancshares Inc), Agreement and Plan of Merger (Susquehanna Bancshares Inc)
Election Procedures. (a) 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 shares of Company Common Stock shall pass, only upon proper delivery of such certificates Certificates to the Exchange Agent (as defined below)Agent) in such form as Parent shall specify and as shall be reasonably acceptable to the Company shall mutually agree (the “Election Form”) shall be mailed 35 thirty days prior to the anticipated Effective Closing Date or on such other date as Parent and the Company and Parent shall mutually agree (the “Mailing Date”) to each holder of record of Company Common Stock as of the close of business on the fifth business day prior to the Mailing Date (the “Election Form Record Date”).
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Energy Transfer Equity, L.P.), Agreement and Plan of Merger (Southern Union Co), Agreement and Plan of Merger (Energy Transfer Equity, L.P.)
Election Procedures. (a) 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 shares of Company Common Stock shall pass, only upon proper delivery of such certificates to the Exchange Agent (as defined below)Agent) in such form as Parent and the Company shall mutually agree (the “"Election Form”") shall be mailed 35 thirty-five days prior to the anticipated Effective Date or on such other date as the Company and Parent shall mutually agree (the “"Mailing Date”") to each holder of record of Company Common Stock as of the close of business on the fifth business day prior to the Mailing Date (the “"Election Form Record Date”").
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Gulf West Banks Inc), Agreement and Plan of Merger (South Financial Group Inc)
Election Procedures. (a) 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 shares of Company Common Stock shall pass, only upon proper delivery of such certificates to the Exchange Agent (as defined below)Agent) in such form as Parent and the Company shall mutually agree (the “Election Form”) shall be mailed 35 thirty-five days prior to the anticipated Effective Date or on such other date as the Company and Parent shall mutually agree (the “Mailing Date”) to each holder of record of Company Common Stock as of the close of business on the fifth business day prior to the Mailing Date (the “Election Form Record Date”).
Appears in 1 contract
Samples: Agreement and Plan of Merger (Mercantile Bankshares Corp)
Election Procedures. (a) 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 shares of Company Bank Common Stock shall pass, only upon proper delivery of such certificates to the Exchange Agent (as defined below)) in such form as Parent and the Company Bank shall mutually agree (the “Election Form”) shall be mailed 35 days prior to the anticipated Effective Date or on such other date as the Company Bank and Parent SPB shall mutually agree (the “Mailing Date”) to each holder of record of Company Bank Common Stock as of the close of business on the fifth business day prior to the Mailing Date (the “Election Form Record Date”)) other than holders of Dissenting Shares.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Susquehanna Bancshares Inc)
