Cash Election Form definition
Examples of Cash Election Form in a sentence
In connection with the Aerial Merger, Investor agrees that neither it nor any of its Affiliates shall submit a Cash Election Form pursuant to Section 2(d) of the Aerial Reorganization Agreement.
The Holder shall exercise the Exercise Option by checking the appropriate box in the Cash Election Form.
Parent will use commercially reasonable efforts to cause the Distribution Agent to make the notice of the Cash Election and the Cash Election Form available to all persons who become record holders of shares of Company Common Stock during the period between the record date for the Company Stockholders Meeting and the Election Deadline.
A holder of shares of Company Common Stock who submits a Cash Election Form will have the right to change or withdraw such holder’s Cash Election at any time before the Election Deadline, but not after the Election Deadline, in accordance with procedures set forth in the Cash Election Form.
In the event the Distribution Agent makes such a determination, such Cash Election shall be deemed to be not in effect, and the shares of Company Common Stock covered by such Cash Election shall be entitled to receive the Merger Consideration, unless a valid Cash Election Form is thereafter timely delivered and received with respect to such shares of Company Common Stock.
This Cash Election Form may only be completed by an Unsecured Creditor of the Company that has a Claim equal to or greater than $2000.
An Unsecured Creditor that submits a Cash Election Form to the Trustee by the Cash Election Deadline shall receive a distribution comprised of cash, or if applicable a combination of cash and Investor Shares, in accordance with Sections 9.5(c)(i) and 9.5(c)(ii) of this Proposal.
Any Unsecured Creditor ofthe Company with a Claim that is equal to or greater than $2000 may, by submitting this Cash Election Form to the Trustee on or before February 17, 2017 (the Cash Election Deadline), elect to receive a cash payment in respect of all or any percentage of its Proven Claim from the Cash Component of the Investment Pool.
Concurrently with the execution of this Agreement, each Clairvest Investor is delivering to Parent (i) a duly executed Joinder Agreement substantially in the form attached hereto as Exhibit A (the “Joinder Agreement”) and (ii) a Cash Election Form substantially in the form attached hereto as Exhibit B (the “Cash Election Form”) setting forth a Cash Election equal to the percentage portion of Subject Securities owned by such Clairvest Investor set forth in Schedule 1 attached hereto.
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