Common use of Reduction of Shares Deposited for Cash Clause in Contracts

Reduction of Shares Deposited for Cash. If more than twenty percent (20%) of the total number of shares of Xxxxxx Common Stock issued and outstanding constitute Dissenting Shares or, at the Election Deadline, have been deposited for exchange with cash pursuant to the All Cash Election and/or the Mixed Election and not withdrawn pursuant to Section 2.2(e), CBSI will cause to be eliminated by the Exchange Agent, from the shares deposited pursuant to the All Cash Election (subject to the limitations described in Section 2.2(f)(iv)), a sufficient number of such shares so that the total number of shares remaining on deposit for exchange into cash pursuant to the All Cash Election and the Mixed Election, when added to the number of Dissenting Shares, does not exceed twenty percent (20%) of the shares of Xxxxxx Common Stock issued and outstanding on the Election Deadline. The holders of Xxxxxx Common Stock who have made the Mixed Election shall not be required to have more than eighty percent (80%) of their shares of Xxxxxx Common Stock converted into CBSI Common Stock. After giving effect to Section 2.2(a)(iv), such elimination will be effected as follows:

Reduction of Shares Deposited for Cash. If more than twenty twenty-five percent (2025%) of the total number of shares of Xxxxxx Three Rivers Common Stock issued and outstanding constitute Dissenting Shares orhave, at the Election Deadline, have been deposited for exchange with cash pursuant to the All Cash Election and/or or the Mixed Election and not withdrawn pursuant to Section 2.2(e3.01(f), CBSI Sky will promptly eliminate, or cause to be eliminated by the Exchange Agent, from the shares deposited pursuant to the All Cash Election (subject to the limitations described in Section 2.2(f)(iv3.01(g)(iv)), a sufficient number of such shares so that the total number of shares remaining on deposit for exchange into cash pursuant to the All Cash Election and the Mixed Election, when added to the number of Dissenting Shares, Election does not exceed twenty twenty-five percent (2025%) of the shares of Xxxxxx Three Rivers Common Stock issued and outstanding on the Election DeadlineEffective Date. The holders of Xxxxxx Three Rivers Common Stock who have made elected to have their shares converted pursuant to the Mixed Election shall not be required to have more than eighty seventy-five percent (8075%) of their shares of Xxxxxx Three Rivers Common Stock converted into CBSI Sky Common Stock. After giving effect to Section 2.2(a)(iv3.01(a)(iv), such elimination will be effected as follows:

Reduction of Shares Deposited for Cash. If more than twenty percent (20%) of the total number of shares of Xxxxxx Wxxxxx Common Stock issued and outstanding constitute Dissenting Shares or, at the Election Deadline, have been deposited for exchange with cash pursuant to the All Cash Election and/or the Mixed Election and not withdrawn pursuant to Section 2.2(e), CBSI will cause to be eliminated by the Exchange Agent, from the shares deposited pursuant to the All Cash Election (subject to the limitations described in Section 2.2(f)(iv)), a sufficient number of such shares so that the total number of shares remaining on deposit for exchange into cash pursuant to the All Cash Election and the Mixed Election, when added to the number of Dissenting Shares, does not exceed twenty percent (20%) of the shares of Xxxxxx Wxxxxx Common Stock issued and outstanding on the Election Deadline. The holders of Xxxxxx Wxxxxx Common Stock who have made the Mixed Election shall not be required to have more than eighty percent (80%) of their shares of Xxxxxx Wxxxxx Common Stock converted into CBSI Common Stock. After giving effect to Section 2.2(a)(iv), such elimination will be effected as follows: