Common use of Exchange Agent's Discretion Clause in Contracts

Exchange Agent's Discretion. The Exchange Agent shall have discretion to determine reasonable rules and procedures relating to the exchange (or lack thereof) of Old Certificates and the issuance and delivery of new certificates of Old Kent Common Stock into which shares of First Evergreen Common Stock are converted in the Merger and governing the payment for fractional shares of First Evergreen Common Stock.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (First Evergreen Corp), Agreement and Plan of Merger (Old Kent Financial Corp /Mi/)

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Exchange Agent's Discretion. The Exchange Agent shall have discretion to determine and apply reasonable rules and procedures relating to the exchange (or lack thereof) of Old Certificates and the issuance and delivery registration of new certificates the shares of Old Kent Common Stock into which shares of First Evergreen Merchants Common Stock are converted in the Merger and governing the payment for fractional shares of First Evergreen Merchants Common Stock.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Merchants Bancorp Inc/De/)

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Exchange Agent's Discretion. The Exchange Agent shall have discretion to determine reasonable rules and procedures relating to the exchange (or lack thereof) of Old Certificates and the issuance and delivery of new certificates of Old Kent Common Stock into which shares of First Evergreen Pinnacle Common Stock are converted in the Merger and governing the payment for fractional shares of First Evergreen Pinnacle Common Stock.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Old Kent Financial Corp /Mi/)

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