Option to Cause Merger. Each of (a) Positive, and (b) Diversus shall have the option, to be exercised in accordance with Section 1.2, to cause Diversus to merge with Positive Merger Sub (the “Merger”), each shareholder of Diversus (a “Diversus Shareholder”) receiving either cash or shares of common stock of Positive in exchange for such Diversus Shareholder’s shares of Diversus capital stock. The amount of cash or number of shares of common stock of Positive that each Diversus Shareholder shall receive in the merger for each share of Diversus common stock or Diversus preferred stock shall be determined in accordance with Section 1.5.
Appears in 4 contracts
Samples: Option Agreement, Option Agreement (Positive Physicians Holdings,inc.), Option Agreement (Positive Physicians Holdings,inc.)
