Upset Provision. 2.10.1 After Closing is properly called pursuant to Section 1.2, Company shall have the right to terminate this Plan of Merger upon written notice to Purchaser if the Upset Condition then exists. The “
Upset Provision. 4 2.3 ADJUSTMENTS . . . . . . . . . . . . . . . . . . . . . . . . . .5 2.4 CESSATION OF STOCKHOLDER STATUS . . . . . . . . . . . . . . . .7 2.5 SURRENDER OF OLD CERTIFICATES AND DISTRIBUTION OF OLD KENT COMMON STOCK . . . . . . . . . . . . . . . . . . . . . . . . .7 2.6
Upset Provision. After a Closing is properly called pursuant to Section 1.2 (THE CLOSING), CFSB shall have the right to terminate this Plan of Merger if the "Upset Condition" then exists.
Upset Provision. After a Closing is properly called pursuant to Section 1.2 (THE CLOSING), First Evergreen shall have the right to terminate this Plan of Merger if the Final Old Xxxx Xxxxx is less than $35.00 (the "UPSET PRICE"). The "FINAL OLD XXXX XXXXX" means the average of the closing prices per share of Old Kent Common Stock reported on The NASDAQ Stock Market during the 10 consecutive trading days ending on the tenth business day prior to the date of the scheduled Closing (the "PRICING PERIOD"), as reported in the DOW XXXXX NEWS/RETRIEVAL system, or other equally reliable means.
Upset Provision. After Closing is properly called pursuant to Section 1.2, O.A.K. shall have the right to terminate this Plan of Merger upon written notice to Chemical if the Upset Condition then exists.
Upset Provision. Grand Premier shall have the right to terminate this Plan of Merger by written notice to Old Kent at any time following the Pricing Period, upon the occurrence of an "Upset Condition."
Upset Provision. The "Upset Condition" will have occurred if both of the following conditions exist as of the last day of the Pricing Period: (a) the Final Purchaser Price is less than $23.30; and (b) the number determined by dividing the Final Purchaser Price by $29.13 is less than the number obtained by subtracting (i) 20% from (ii) the quotient obtained by dividing the Final Index Price by 686.39. The "Final Purchaser Price" means the 20-day average closing price of Purchaser Common Stock ending on the fifth Business Day prior to the date of Closing in transactions reported on the OTC Pink marketplace (or such other securities market or stock exchange on which Purchaser Common Stock then principally trades) (the "Pricing Period"), excluding the two highest and two lowest prices during the Pricing Period. The "Final Index Price" means the closing price of the SNL Micro Cap Bank index on the last day of the Pricing Period.
Upset Provision. 4 2.3 ADJUSTMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . .6 2.4 CESSATION OF SHAREHOLDER STATUS. . . . . . . . . . . . . . . . .8 2.5 SURRENDER OF OLD CERTIFICATES AND DISTRIBUTION OF OLD KENT COMMON STOCK . . . . . . . . . . . . . . . . . . . . . . . . . .8 2.6
Upset Provision. After a Closing is properly called pursuant to Section 1.2 (THE CLOSING), Pinnacle shall have the right to terminate this Plan of Merger if the "Upset Condition" then exists.
Upset Provision. 2.13.1 The “
