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HomeMy WebLinkAbout1479 ARTICLE V MANNER OF CONVERSION AND EXCHANGE OF SHARES IN THE MERGER A. Except as provided in paragraph B below, each share of the Common Stock, $1 par value, of FBS (the "FBS Common Stock") issued and outstanding immediately prior to the Effective Time of tho 1/or^~eL shall ~ »=nn aru~ by ni rt»P Af the MeiQet atld WlthOllt anV action on the part of the holder thereof, be converted in to _9 of a share of Southeast $4.06 Preferred Stock. The number of shares of Southeast $4.06 Preferred Stock into which a share of FBS Common Stock shall be converted is hereinafter referred to as the "Conversion Ratio." ~ B. All shares of FBS Common Stock, if any, held in the treasury of FBS immediately prior to the Eff active Time of the Merger shall, by virtue of the Merger and without any action on the part of FBS, be cancelled, and no cash, securities or othe r property will be issued in the Merger in respect thereof. No such E treasury shares shall be deemed outstanding for purposes of paragraph A above. ' C. After the Effective Time of the Merger, each holder r of record of FBS Common Stock immediately prior to the Effective s Time of the Merger ("FBS Holder") shall be entitled to receive p upon surrender to the Exchange Agents, Mellon Bank, N.A. and 4 e Southeast First National Bank of Miami, of the certificate or certificates evidencing his shares of FBS Common Stock (i) a -3- ~n ~1 'x1 eooK PacE 1 ~ / u