Per Share Amount. 1 person..................................................................... 60
Per Share Amount. From and after the date hereof, the definition of "Per Share Amount" in the Stock Purchase Agreement shall be amended to be "$58.30"
Per Share Amount. 5 Permits.................................................................................................21 Person..................................................................................................76
Per Share Amount. The "Per Share Amount" shall be equal to ---------------- the quotient (rounded to the sixth decimal place) of (A) $360,000,000 minus the Total Preference Amount divided by (B) the sum of the Diluted Common Shares plus the Total Preferred Shares.
Per Share Amount. 5 Permits.....................................................22 Person......................................................78
Per Share Amount. Section 2.7 Person............................................... Section 9.5
Per Share Amount. The third recital of the Merger Agreement ---------------- shall be deleted and replaced in its entirety as follows:
Per Share Amount. The applicable consideration into which each share of any class or series of the capital stock of the Company shall be converted pursuant to Section 3.01(c) or 3.01(d) above shall be hereinafter referred to, collectively and individually, as the "Per Share Amount".
Per Share Amount. In the definition of “Per Share Amount” set forth in Recital D of the Merger Agreement, clause (i) is hereby amended and restated to read in its entirety as follows:
(i) cash in an amount equal to $7.65 (the “Per Share Amount”),”
Per Share Amount. The "Per Share Amount" shall be equal to the quotient (rounded to the second decimal place) of (A) $200,800,000 (the "Base Purchase Price") plus the aggregate exercise price of all Company Options (as defined in Section 2.2(a) hereof) outstanding immediately prior to the Effective Time plus the aggregate exercise price of all Company Options that are exercised after the date of this Agreement but prior to the Effective Time and the aggregate amount received by the Company, if any, pursuant to the automatic exercise of outstanding purchase options under the ESPP (as defined in Section 2.3 hereof) immediately prior to the Effective Time pursuant to Section 2.3 hereof divided by (B) the number of Diluted Shares. If all shares of Receivership Stock are returned to the Company prior to the Effective Time, the amount paid by the Company to cause such return, minus the lesser of (x) $10,000,000 or (y) the amount paid to the Bancorp Receiver plus the Company's out-of-pocket costs, including the reasonable fees and expenses of legal counsel and other advisors, incurred to obtain such return (including the resolution of any appeal of the Final Order) (the amount referred to in either (x) or (y) hereinafter referred to as the "Receiver Payment Credit") shall be deducted from the Base Purchase Price prior to calculation of the Per Share Amount, subject, however, to the second sentence of Section 2.6(b) hereof.
