Treatment of Merger Sub Capital Stock. At the Effective Time, by virtue of the Merger and without any action on the part of Acquirer, Merger Sub or any other Person, each share of capital stock of Merger Sub that is issued and outstanding immediately prior to the Effective Time shall be converted into and become one share of common stock of the Surviving Corporation (and the shares of the Surviving Corporation into which the shares of Merger Sub capital stock are so converted shall be the only shares of the Surviving Corporation’s capital stock that are issued and outstanding immediately after the Effective Time). From and after the Effective Time, each certificate evidencing ownership of a number of shares of Merger Sub capital stock will evidence ownership of such number of shares of common stock of the Surviving Corporation.
Treatment of Merger Sub Capital Stock. At the Effective Time, as a result of the Merger and without any action on the part of the Company, Parent or Merger Sub, each share of common stock, par value $0.01 per share, of Merger Sub issued and outstanding immediately prior to the Effective Time shall be converted into one validly issued, fully paid and nonassessable share of common stock, par value $0.01 per share, of the Surviving Corporation.
Treatment of Merger Sub Capital Stock. Each share of no par value common stock of Merger Sub then outstanding will be converted into one share of common stock of the Surviving Corporation.
Treatment of Merger Sub Capital Stock. At the Effective Time, by virtue of the Merger and without any action on the part of the Acquirer, the Merger Sub or any other Person, each share of capital stock of the Merger Sub that is issued and outstanding immediately prior to the Effective Time shall be converted into and become 100% of the membership interests of the Surviving Company (and the membership interests of the Surviving Company into which the shares of the Merger Sub capital stock are so converted shall be the only membership interests of the Surviving Company that are issued and outstanding immediately after the Effective Time).
Treatment of Merger Sub Capital Stock. At the First Effective Time, by virtue of the First Merger and without any action on the part of Parent, Acquirer, Merger Sub or any other Person, each share of capital stock of Merger Sub that is issued and outstanding immediately prior to the First Effective Time shall be converted into and become one share of common stock of the First Step Surviving Corporation (and the shares of First Step Surviving Corporation into which the shares of Merger Sub capital stock are so converted shall be the only shares of the First Step Surviving Corporation’s capital stock that are issued and outstanding immediately after the First Effective Time). From and after the First Effective Time, each certificate evidencing ownership of a number of shares of Merger Sub capital stock will evidence ownership of such number of shares of common stock of the First Step Surviving Corporation.
Treatment of Merger Sub Capital Stock. (i) Each share of Merger Sub Preferred Stock issued and outstanding as of the Effective Time (other than shares held in the treasury of Merger Sub) shall be converted into one share of preferred stock of the Surviving Corporation having substantially identical powers, preferences and relative rights as the Merger Sub Preferred Stock.
(ii) Each share of Merger Sub Common Stock issued and outstanding as of the Effective Time (other than shares held in the treasury of Merger Sub) shall be converted into the number of shares of Surviving Corporation Common Stock that will result in the Retained Surviving Corporation Common Stock comprising a percentage of the aggregate shares of Surviving Corporation Common Stock issued and outstanding immediately following the Effective Time (the "RETAINED PERCENTAGE") equal to (x) $3.986 million DIVIDED BY (y) the sum of the total capital contributions paid to Merger Sub in respect of Merger Sub Common Stock (the "PAID-IN CAPITAL") plus $3.986 million (expressed as a percentage). Based on the parties' current expectations that (A) the Paid-in Capital will be $19.014 million, (B) the number of Continuing Shares will be 398,600 and (C) there will be 1,901,400 shares of Merger Sub Common Stock issued and outstanding as of the Effective Time, then (x) the Retained Percentage would be 17.331% and (y) each share of Merger Sub issued and outstanding as of the Effective Time would be converted into one share of the Surviving Corporation.
Treatment of Merger Sub Capital Stock. Each membership interest in Merger Sub issued and outstanding immediately prior to the Merger Effective Time shall survive the Merger and remain the only outstanding membership interests in Merger Sub, and PECO OP shall remain the sole member of Merger Sub.
Treatment of Merger Sub Capital Stock. Each share of capital stock of Merger Sub that is issued and outstanding immediately prior to the Effective Time shall be converted into and become one shares of common stock of the Surviving Corporation (and the share of common stock of Surviving Corporation into which the shares of Merger Sub capital stock are so converted shall be the only shares of capital stock of the Surviving Corporation’s that are issued and outstanding immediately after the Effective Time). From and after the Effective Time, each certificate evidencing ownership of a number of shares of Merger Sub capital stock will evidence ownership of such number of shares of common stock of the Surviving Corporation.
