Mixed Election Shares definition

Mixed Election Shares has the meaning ascribed to it in Section 3.03(b).

AI-Powered Contracts

Draft, Review & Redline at the Speed of AI

Mixed Election Shares means all Company Shares, including Dissenting Shares, in respect of which Mixed Elections have been validly and timely delivered and not subsequently revoked or changed.

Mixed Election Shares is defined in Section 2.2(a)(iii) hereof.

Examples of Mixed Election Shares in a sentence

All other shares of Company Common Stock (other than Mixed Election Shares, which shall be converted into the Mixed Consideration) shall be converted into the Share Consideration, subject to Section 2.04(b)(iii).
In the event a Form of Election in Merger is revoked prior to the Election Deadline, the Company Shares represented by such Form of Election in Merger shall become Mixed Election Shares, except to the extent a subsequent election is properly made with respect to any or all of such Company Shares prior to the Election Deadline.
Company Shares as to which no election of Per Share Stock Consideration or Per Share Cash Consideration is made shall be herein referred to as the "Mixed Election Shares"; Company Shares as to which the Per Share Cash Consideration election is made shall be referred to as the "Cash Election Shares"; and Company Shares as to which the Per Share Stock Consideration election is made shall be referred to as the "Stock Election Shares".
If any such holder fails to perfect or withdraws or loses any such right to appraisal prior to the Election Deadline, each such share of Company Common Stock of such holder shall thereupon be deemed to be Mixed Election Shares for all purposes of this Agreement, unless such holder of Dissenting Shares shall thereafter otherwise make a timely Election under this Agreement.
In the event a Form of Election in Offer is revoked prior to the expiration date of the Offer, the Company Shares represented by such Form of Election in Offer shall become Mixed Election Shares, except to the extent a subsequent election is properly made with respect to any or all of such Company Shares prior to expiration date of the Offer.
All other Company Common Shares and Company Warrants (other than Mixed Election Shares and Mixed Election Warrants, which shall be converted into the Mixed Consideration, and other than Dissenting Shares) shall be converted into the right to receive the Share Consideration, subject to Section 3.5(b)(iii).
The Administrative Agent shall not be liable or responsible in any way for the safekeeping of any of the Collateral or for any loss or damage thereto (except for reasonable care in the custody thereof while any Collateral is in the Administrative Agent’s actual possession) or for any diminution in the value thereof, or for any act or default of any warehouseman, carrier, forwarding agency, or other Person whomsoever, but the same shall be at the Credit Parties’ sole risk.
The "Cash Election Amount" shall be equal to the Per Share Cash Consideration multiplied by the total number of Cash Election Shares plus the amount of the Per Share Mixed Consideration consisting of cash multiplied by the total number of Mixed Election Shares (the "Mixed Cash Consideration Election Amount").
In the event an Election is revoked prior to the expiration date of the Offer, the Shares represented by such Form of Election in Offer shall become Mixed Election Shares (to the extent such Shares remain tendered in the Offer and are not validly withdrawn from the Offer), except to the extent a subsequent election is properly made with respect to any or all of such Shares prior to the expiration date of the Offer.
In the event a Form of Election in Merger is revoked prior to the Election Deadline, the Shares represented by such Form of Election in Merger shall become Mixed Election Shares, except to the extent a subsequent election is properly made with respect to any or all of such Shares prior to the Election Deadline.

More Definitions of Mixed Election Shares

Mixed Election Shares has the meaning set forth in Section 1.1(d)(i).

Mixed Election Shares has the meaning given to it in Section 2.4(a). -------------- "Mixed Stock Consideration Election Amount" has the meaning given to it in Section 2.4(a). -------------- "MRP" has the meaning given to it in Section 6.1(e).

Mixed Election Shares shall have the meaning set forth in Section 2.4(a) of this Agreement.

Mixed Election Shares means (i) any share of Company Capital Stock for which an election to receive the Per Share Mixed Election Consideration has been effectively made and not revoked pursuant to a Merger Consideration Election Form pursuant to Section 6.2(b) and (ii) any share of Company Capital Stock deemed to be a Mixed Election Share pursuant to the terms of Section 6.2(b).

Mixed Election Shares has the meaning set forth in Section 2.2.2. (nnn) “Mixed Stock Shares” has the meaning set forth in Section 2.2.2. (ooo) “New Certificate” has the meaning set forth in Section 2.3.2. (ppp) “No Election Shares” has the meaning set forth in Section 2.2.2.