the total needs to exceed 1% of shares and in this case not exceed 15%
The Court shall dismiss the proceedings as to all holders of such shares who are otherwise entitled to appraisal rights unless 1) the total number of shares entitled to appraisal exceeds 1% of the outstanding shares of the class or series eligible for appraisal 2) the value of the consideration provided in the merger or consolidation for such total number of shares exceeds $1 million