Common use of Mixed Election Clause in Contracts

Mixed Election. Subject to the immediately following sentence, each record holder of shares of CBT Common Stock immediately prior to the Effective Date shall be entitled to elect to receive shares of NPB Common Stock for a portion of such holder's shares of CBT Common Stock and cash for the remaining portion of such holder's shares of CBT Common Stock (the "Mixed Election"). With respect to each holder of CBT Common Stock who makes a Mixed Election, the shares of CBT Common Stock that such holder elects to be converted into the right to receive the Common Stock Consideration shall be treated as Common Stock Election Shares and the shares such holder elects to be converted into the right to receive the Cash Consideration shall be treated as Cash Election Shares.

Appears in 1 contract

Samples: Agreement of Reorganization and Merger (National Penn Bancshares Inc)

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Mixed Election. Subject to the immediately following sentence, each record holder of shares of CBT PFI Common Stock immediately prior to the Effective Date shall be entitled to elect to receive shares of NPB Common Stock for a portion of such holder's ’s shares of CBT PFI Common Stock and cash for the remaining portion of such holder's ’s shares of CBT PFI Common Stock (the "Mixed Election"). With respect to each holder of CBT PFI Common Stock who makes a Mixed Election, the shares of CBT PFI Common Stock that such holder elects to be converted into the right to receive the Common Stock Consideration shall be treated as Common Stock Election Shares and the shares such holder elects to be converted into the right to receive the Cash Consideration shall be treated as Cash Election Shares.

Appears in 1 contract

Samples: Merger Agreement (Peoples First Inc)

Mixed Election. Subject to the immediately following sentence, each record holder of shares of CBT BFC Common Stock immediately prior to the Effective Date shall be entitled to elect to receive shares of NPB CMTY Common Stock for a portion of such holder's ’s shares of CBT BFC Common Stock and cash for the remaining portion of such holder's ’s shares of CBT BFC Common Stock (the "Mixed Election"). With respect to each holder of CBT BFC Common Stock who makes a Mixed Election, the shares of CBT BFC Common Stock that such holder elects to be converted into the right to receive the Common Stock Consideration shall be treated as Common Stock Election Shares and the shares such holder elects to be converted into the right to receive the Cash Consideration shall be treated as Cash Election Shares.

Appears in 1 contract

Samples: Merger Agreement (Community Banks Inc /Pa/)

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Mixed Election. Subject to the immediately following sentence, each record holder of shares of CBT PFI Common Stock immediately prior to the Effective Date shall be entitled to elect to receive shares of NPB Common Stock for a portion of such holder's shares of CBT PFI Common Stock and cash for the remaining portion of such holder's shares of CBT PFI Common Stock (the "Mixed Election"). With respect to each holder of CBT PFI Common Stock who makes a Mixed Election, the shares of CBT PFI Common Stock that such holder elects to be converted into the right to receive the Common Stock Consideration shall be treated as Common Stock Election Shares and the shares such holder elects to be converted into the right to receive the Cash Consideration shall be treated as Cash Election Shares.

Appears in 1 contract

Samples: Merger Agreement (National Penn Bancshares Inc)

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