Common use of No Excess Clause in Contracts

No Excess. If neither of Subsections (a) or (b) above is applicable, all Cash Election Shares will be converted into the right to receive the Cash Distribution, all Stock Election Shares will be converted into the right to receive the Stock Distribution, and the Non-Election Shares will be converted into the right to receive the Cash Distribution and/or the Stock Distribution as follows:

Appears in 2 contracts

Samples: Plan and Agreement (Glacier Bancorp Inc), Plan and Agreement (Westerfed Financial Corp)

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No Excess. If neither of Subsections (aSections 2.3(e)(i) or (b2.3(e)(ii) above is applicable, all Cash Election Shares will be converted into the right to receive the Cash DistributionComponent, all Stock Election Shares will be converted into the right to receive the Stock DistributionMerger Shares, and the Non-Election Shares will be converted into the right to receive the Cash Distribution Component and/or the Stock Distribution Merger Shares as follows:

Appears in 1 contract

Samples: Agreement of Merger (Premierwest Bancorp)

No Excess. If neither of Subsections clauses (ai) or (bii) above is applicable, all Cash Election Shares will be converted into the right to receive the Cash Distribution, all Stock Election Shares will be converted into the right to receive the Stock Distribution, and the Non-Election Shares will be converted into the right to receive the Cash Distribution and/or the Stock Distribution as follows:

Appears in 1 contract

Samples: Execution Copy Agreement and Plan of Merger (Mb Financial Inc /Md)

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No Excess. If neither of Subsections (a1) or (b2) above is applicable, all Cash Election Shares will shall be converted into the right to receive the Cash Distribution, all Stock Election Shares will shall be converted into the right to receive the Stock Distribution, and the Non-Election Shares will shall be converted into the right to receive the Cash Distribution and/or the Stock Distribution as follows:

Appears in 1 contract

Samples: Agreement and Plan of Merger (Interwest Bancorp Inc)

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