Common use of Perfection of the Election Clause in Contracts

Perfection of the Election. An Election shall be considered to have been validly made by a holder of Xxxxxx Common Stock only if (i) the Exchange Agent shall have received an Election Form properly completed and executed by such holder, accompanied by a certificate or certificates representing the shares of Xxxxxx Common Stock as to which such Election is being made, duly endorsed in blank or otherwise in form acceptable for transfer on the books of Xxxxxx, or containing an appropriate guaranty of delivery in the form customarily used in transactions of this nature from a member of a national securities exchange or a member of the Financial Industry Regulatory Authority or a commercial bank or trust company in the United States and (ii) such Election Form and such certificate(s) or such guaranty of delivery shall have been received by the Exchange Agent prior to the Election Deadline.

Perfection of the Election. An Election shall be considered to have been validly made by a holder of Xxxxxx Wxxxxx Common Stock only if (i) the Exchange Agent shall have received an Election Form properly completed and executed by such holder, accompanied by a certificate or certificates representing the shares of Xxxxxx Wxxxxx Common Stock as to which such Election is being made, duly endorsed in blank or otherwise in form acceptable for transfer on the books of XxxxxxWxxxxx, or containing an appropriate guaranty of delivery in the form customarily used in transactions of this nature from a member of a national securities exchange or a member of the Financial Industry Regulatory Authority or a commercial bank or trust company in the United States and (ii) such Election Form and such certificate(s) or such guaranty of delivery shall have been received by the Exchange Agent prior to the Election Deadline.

Perfection of the Election. An Election shall be considered to have been validly made by a holder of Xxxxxx Common Stock Falls shareholder only if (i) the Exchange Agent shall have received an Election Form Form/Letter of Transmittal properly completed and executed by such holdershareholder, accompanied by a certificate or certificates representing the shares of Xxxxxx Falls Common Stock Shares as to which such Election is being made, duly endorsed in blank or otherwise in form acceptable for transfer on the books of XxxxxxFalls, or containing an appropriate guaranty of delivery in the form customarily used in transactions of this nature from a member of a national securities exchange or a member of the Financial Industry Regulatory Authority NASD or a commercial bank or trust company in the United States and (ii) such Election Form Form/Letter of Transmittal and such certificate(s) or such guaranty of delivery shall have been received by the Exchange Agent prior to the Election Deadline.