Examples of Electing Share in a sentence
If any such holder shall have failed to perfect or shall have effectively withdrawn or lost such right, such holder's Shares shall be treated at the Company's sole discretion as either (i) a Share (other than an Electing Share) that had been converted as of the Effective Time of the Merger into the right to receive Merger Consideration in accordance with Section 2.01(a) or (ii) an Electing Share.
Each (i) Non-Electing Share and (ii) Company Share deemed issued with respect to an In-the-Money Company Option as described in Section 2.07(d)(i) shall be deemed to have made a Cash Election and shall be treated as a Cash Electing Share for purposes of this Section 2.03(d).
Each Electing Share shall be converted into the right to receive an amount in cash equal to the Per Share Cash Price, subject to Section 2.1(a)(ii)(3) and Section 2.1(a)(ii)(4).
If a Form of Election is revoked, the certificate or certificates representing the Convertible Preferred Stock Electing Share or the Series A Preferred Stock Electing Shares to which such Form of Election relates shall be promptly returned to the stockholder submitting the same to the Exchange Agent.
Except with respect to the distributive interest of Partners determined in accordance with the provisions of this Agreement, the accounts of the Partnership, as ascertained and determined at the end of each fiscal year, shall be conclusive upon each Limited Partner, unless it shall make objection to the same in writing, delivered to the Partnership within 20 days after receipt by the Limited Partner of a statement of its account as sent to each Limited Partner at the end of each fiscal year.
If, after the Effective Time of the Merger, such holder fails to perfect or loses any such right to appraisal, each such share of such holder shall be treated as a share (other than an Electing Share) that had been converted as of the Effective Time of the Merger into the right to receive Merger Consideration in accordance with this Section 2.01.
As a result of --------------- the Acquisition, each Electing Share will be converted into the cash consideration per share, the Retained Shares will remain outstanding as shares of common stock of the Surviving Corporation, and the outstanding shares of Newco will be converted into approximately 93.5% (expressed as a percentage of the Surviving Corporation following the Acquisition) of the outstanding common stock of the Surviving Corporation.
Upon conversion, such Holder shall have the right to designate whether such Holder will receive the Merger Consideration payable in respect of an Electing Share or a Non-Electing Share.
Any Company Share with respect to which the holder of Company Shares does not make a valid Election by the Election Deadline shall be deemed to be a Parent Ordinary Share Electing Share.
If any such holder of Company Common Stock shall have failed to perfect or shall have effectively withdrawn or lost such right, each share of such holder shall be treated, at the Company's sole discretion, as either (i) a share of Company Common Stock (other than an Electing Share) that had been converted as of the Effective Time into the right to receive the Common Stock Merger Consideration in accordance with Section 1.6(c)(ii) or (ii) an Electing Share.