Proration of Election Price. (a) Notwithstanding anything in this Agreement to the contrary but subject to Sections 1.02(a) and 1.06, the number of Shares to be converted into the right to retain Company Stock at the Effective Time (the "STOCK ELECTION NUMBER") shall be 485,010 (excluding for this purpose any Shares to be canceled pursuant to Section 1.02(a)).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Thermadyne Holdings Corp /De), Agreement and Plan of Merger (Thermadyne Holdings Corp /De)
Proration of Election Price. (a) Notwithstanding anything in this Agreement to the contrary but subject to Sections 1.02(a) and 1.06, the number of Shares to be converted into the right to retain Company Stock at the Effective Time (the "STOCK ELECTION NUMBERStock Election Number") shall be 485,010 the sum of (A) 1,474,345 plus (B) 5.3% of the number of Shares, if any, issued after April 21, 1997 but prior to the Effective Time in respect of Options (as defined below) or Warrants (as defined below) (excluding for this purpose any Shares to be canceled pursuant to Section 1.02(a)).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Lee Thomas H Equity Fund Iii L P), Agreement and Plan of Merger (Donaldson Lufkin & Jenrette Inc /Ny/)
Proration of Election Price. (a) Notwithstanding anything in this Agreement to the contrary but subject to Sections 1.02(a) and 1.06, the number of Shares to be converted into the right to retain Company Stock at the Effective Time (the "STOCK ELECTION NUMBER") shall be 485,010 the sum of (A) 1,474,345 plus (B) 5.3% of the number of Shares, if any, issued after April 21, 1997 but prior to the Effective Time in respect of Options (as defined below) or Warrants (as defined below) (excluding for this purpose any Shares to be canceled pursuant to Section 1.02(a)).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Apollo Investment Fund Iii Lp), Agreement and Plan of Merger (Decisionone Holdings Corp)
Proration of Election Price. (a) Notwithstanding anything in this Agreement to the contrary but subject to Sections 1.02(a) and 1.06, the number of Shares to be converted into the right to retain Company Stock at the Effective Time (the "STOCK ELECTION NUMBERStock Election Number") shall be 485,010 (excluding for this purpose any Shares to be canceled pursuant to Section 1.02(a)).
Appears in 1 contract
Samples: Agreement and Plan of Merger (Donaldson Lufkin & Jenrette Inc /Ny/)
