Common use of Mailing of Transmittal Material Clause in Contracts

Mailing of Transmittal Material. Provided that CBC has delivered, or caused to be delivered, to an independent exchange agent selected by SCB and reasonably acceptable to CBC (the “Exchange Agent”) all information which is reasonably necessary for the Exchange Agent to perform its obligations as specified herein, the Exchange Agent shall, promptly following the Closing Date (but in no event more than five (5) Business Days after the Closing Date), mail and otherwise make available to each holder of record of shares of CBC Common Stock immediately prior to the Effective Time, a notice and a form of letter of transmittal, in a form reasonably acceptable to, and approved in writing by, CBC (which shall specify that delivery shall be effected, and risk of loss and title to any Certificate(s) theretofore representing shares of CBC Common Stock shall pass, only upon proper delivery of such Certificate(s) to the Exchange Agent or surrender of Book-Entry Shares to the Exchange Agent), advising such holder of the effectiveness of the Merger and the procedure and instructions for surrendering to the Exchange Agent such Certificate(s) or Book-Entry Shares in exchange for a portion of the Merger Consideration to which such holder may be entitled pursuant to Section 3.01(b) hereof and any cash in lieu of any fractional shares to be paid pursuant to Section 3.04. A letter of transmittal will be properly completed only if accompanied by a Certificate or Certificates, if any, or instructions to surrender Book-Entry Shares representing all shares of CBC Common Stock covered thereby, subject to the provisions of Section 3.02(d).

Mailing of Transmittal Material. Provided that CBC HEOP has delivered, or caused to be delivered, to an independent exchange agent selected by SCB American Stock Transfer and reasonably acceptable to CBC Trust Company (the “Exchange Agent”) all information which is reasonably necessary for the Exchange Agent to perform its obligations as specified herein, the Exchange Agent shall, promptly following the Closing Effective Date (but in no event more than five three (53) Business Days after the Closing Effective Date), mail and otherwise make available to each holder of record of shares of CBC HEOP Common Stock immediately prior to the Effective TimeStock, a notice and a form of letter of transmittal, in a form reasonably acceptable to, and approved in writing by, CBC to HEOP (which shall specify that delivery shall be effected, and risk of loss and title to any such Certificate(s) theretofore representing shares of CBC HEOP Common Stock shall pass, only upon proper delivery of such Certificate(s) to the Exchange Agent or surrender transfer of Book-Entry Shares to the Exchange Agent), advising such holder of the effectiveness of the Merger and the procedure and instructions for surrendering to the Exchange Agent such Certificate(s) or Book-Entry Shares in exchange for a portion of the Merger Consideration to which such holder may be entitled pursuant to Section 3.01(b) hereof and any cash in lieu of any fractional shares to be paid pursuant to Section 3.04hereof. A letter of transmittal will be properly completed only if accompanied by a Certificate or Certificates, if any, Certificates or instructions to surrender transfer Book-Entry Shares representing all shares of CBC HEOP Common Stock covered thereby, subject to the provisions of paragraph (d) of this Section 3.02(d)3.02.