Share Election. (a) Each Person who, on or prior to the Election Date (as defined in Section 2.3(c)) is a record holder of shares of Common Stock shall have the right, subject to Section 2.4, to submit a Form of Election (as defined in Section 2.3(c)) specifying (i) the number of shares of Common Stock that such Person desires to be converted into cash pursuant to the Cash Election and/or (ii) the number of shares of Common Stock that such Person desires to be converted into Parent Shares pursuant to the Stock Election.
Share Election. SECTION 1.4 Proration . . . . . . . . . . . . . . . . . . . . . . . SECTION 1.5
Share Election. (a) Each Person (as defined in Section 1.6 hereof) who, on or prior to the Election Date referred to in subsection (c) below, is a record holder of shares of Company Common Stock or a record holder of Company OP Units, as the case may be, shall have the right to submit a Form of Election (as defined in Section 1.3(c) hereof) specifying the number of shares of Company Common Stock or Company OP Units, as the case may be, that such Person desires to be converted into Buying Entities' Common Stock pursuant to the Common Stock Election or a Company OP Election. (b) Prior to the mailing of the Proxy Statement (as defined in Section 5.2(b) hereof), Buyer shall designate the Company's registrar or transfer agent, or such other bank, trust company, Person or Persons as shall be acceptable to the Company to act as exchange agent (the "Exchange Agent") for the payment of the Merger Consideration. (c) Buyer shall prepare and mail a form of election, which form shall be subject to the reasonable approval of the Company (the "Form of Election") with the Proxy Statement to the record holders of shares of Company Common Stock and the record holders of Company OP Units as of the record date for the Company Special Meeting, which Form of Election shall be used by each record holder of shares of Company Common Stock and each record holder of Company OP Units who wishes to elect to receive shares of Buying Entities' Common Stock for any or all shares of Company Common Stock or Company OP Units, as the case may be, held, subject to the provisions of Section 1.4 hereof, by such holder. The Company shall use its reasonable best efforts to make the Form of Election and the Proxy Statement available to all Persons who become holders of shares of Company Common Stock during the period between such record date and the Election Date. Any such holder's election to receive shares of Buying Entities' Common Stock shall have been properly made only if the Exchange Agent shall have received at its designated office, by 5:00 p.m., New York City time on the business day (the "Election Date") next preceding the date of the Company Special Meeting, a Form of Election properly completed and signed and accompanied by certificates for the shares of Company Common Stock or Company OP Units to which such Form of Election relates, duly endorsed in blank or otherwise in form acceptable for transfer on the books of the Company (or by an appropriate guarantee of delivery of such certificates as set f...
Share Election. In the case of the Forward Merger (and, with respect to clauses (b) and, unless a Restructuring Trigger has theretofore occurred, (c) and (e) below, in the case of the Reverse Merger to the extent applicable):
Share Election. 7 SECTION 1.4
Share Election. 11 Section 2.4 Proration......................................................13 Section 2.5 Exchange of Certificates.......................................14 Section 2.6 Transfer Taxes; Withholding....................................16 Section 2.7
Share Election. (a) If with respect to any tender of Operating Units pursuant to this Agreement the Corporation makes the Share Election, then within twenty days after such tender the Corporation shall deliver to the tendering holder one Corporation Share for each Operating Unit validly tendered pursuant to the provisions of this Agreement.
Share Election. Stockholder hereby agrees to elect to receive Share Consideration in the Offer in respect of all the Stockholder Shares. Stockholder acknowledges and agrees that all shareholders of the Company (including Stockholder) which make Share Elections will have an equal opportunity to receive Share Consideration in the Offer (based on the number of Tendered Shares in respect of which each such holder (including Stockholder) shall have made a Share Election), subject to the limitation that Share Consideration shall be paid in respect of an aggregate of 34,783,758 Tendered Shares. To the extent Share Elections are made in respect of more than 34,783,758 Tendered Shares, each tendering shareholder (including Stockholder) shall receive (x) Cash Consideration in the Offer in respect of such number of Tendered Shares in respect of which such shareholder has made a Share Election equal to (i) the number of Tendered Shares in respect of which such shareholder has made a Share Election minus (ii) the number of Tendered Shares in respect of which such shareholder has made a Share Election multiplied by a fraction, the numerator of which equals 34,783,758 and the denominator of which equals the aggregate number of Tendered Shares for which a Share Election has been made by all tendering shareholders (including Stockholder) and (y) Share Consideration in respect of the remaining portion of the Tendered Shares in respect of which such shareholder has made a Share Election.
Share Election. (a) Each person who, on or prior to the Election Date, is a record holder of shares of Company Shares shall have the right to submit a Form of Election specifying one of the following: (i) that such stockholder desires that all of his or her Company Shares be converted into the Base Consideration (such election being hereinafter sometimes referred to as a "Base Election"), (ii) that such stockholder desires that all of his or her Company Shares be converted into cash pursuant to the Cash Election, or (iii) that such stockholder desires that all of his or her Company Shares be converted into Stock Election Shares pursuant to the Stock Election. A stockholder may not make an election for less than all of his or her Company Shares.
Share Election. 4 SECTION 1.4 Proration...................................................6 SECTION 1.5 Exchange of Certificates....................................7 SECTION 1.6 Transfer Taxes; Withholding................................11 SECTION 1.7 Stock Options; Other Equity Awards.........................11 SECTION 1.8 Lost Certificates..........................................14 SECTION 1.9
