Common use of Arrangement with Creditors Clause in Contracts

Arrangement with Creditors. Whenever a compromise or arrangement is proposed between this Corporation and its creditors or any class of them and/or between this Corporation and its stockholders or any class of them any court of equitable jurisdiction within the State of Delaware may, on the application in a summary way of this Corporation or of any creditor or stockholder thereof or on the application of any receiver or receivers appointed for this Corporation under the provisions of Section 291 of Title 8 of the Delaware Code or on the application of trustees in dissolution or of any receiver or receivers appointed for this Corporation under the provisions of Section 279 of Title 8 of the Delaware Code order a meeting of the creditors or class of creditors and/or of the stockholders or class of stockholders of this Corporation, as the case may be, to be summoned in such manner as the said court directs. If a majority in number representing three-fourths (3/4) in value of the creditors or class of creditors, and/or of the stockholders or class of stockholders of this Corporation, as the case may be, agree to any compromise or arrangement and to any reorganization of this Corporation as a consequence of such compromise or arrangement, the said compromise or arrangement and the said reorganization shall, if sanctioned by the court to which the said application has been made, be binding on all the creditors or class of creditors, and/or on all the stockholders or class of stockholders, of this Corporation, as the case may be, and also on this Corporation.

Appears in 2 contracts

Samples: Series C Preferred Stock Purchase Agreement (Vyyo Inc), Stock Purchase Agreement (Vyyo Inc)

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Arrangement with Creditors. Whenever a compromise or arrangement is proposed between this Corporation and its creditors or any class of them and/or between this Corporation and its stockholders or any class of them any court of equitable jurisdiction within the State of Delaware may, on the application in a summary way of this Corporation or of any creditor or stockholder thereof or on the application of any receiver or receivers appointed for this Corporation under the provisions of Section 291 of Title 8 of the Delaware Code or on the application of trustees in dissolution or of any receiver or receivers appointed for this Corporation under the provisions of Section 279 of Title 8 of the Delaware Code order a meeting of the creditors or class of creditors and/or of the stockholders or class of stockholders of this Corporation, as the case may be, to be summoned in such manner as the said court directs. If a majority in number representing three-fourths (3/4) in value of the creditors or class of creditors, and/or of the stockholders or class of stockholders of this Corporation, as the case may be, agree to any compromise or arrangement and to any reorganization of this Corporation as a consequence of such compromise or arrangement, the said compromise or arrangement and the said reorganization shall, if sanctioned by the court to which the said application has been made, be binding on all the creditors or class of creditors, and/or on all the stockholders or class of stockholders, of this Corporation, as the case may be, and also on this Corporation.

Appears in 1 contract

Samples: Stock Purchase Agreement (Vyyo Inc)

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Arrangement with Creditors. Whenever a compromise or arrangement is proposed between this the Corporation and its creditors or any class of them and/or between this the Corporation and its stockholders or any class of them them, any court of equitable jurisdiction within the State of Delaware Delaware, may, on the application in a summary way of this the Corporation or of any creditor or stockholder thereof or on the application of any receiver or receivers appointed for this the Corporation under the provisions of Section 291 of Title 8 of the Delaware Code DGCL or on the application of trustees in dissolution or of any receiver or receivers appointed for this the Corporation under the provisions of Section 279 of Title 8 of the Delaware Code DGCL order a meeting of the creditors or class of creditors creditors, and/or of the stockholders or class of stockholders of this the Corporation, as the case may be, to be summoned in such manner as the said court directs. If a majority in number representing three-fourths (3/4) in value of the creditors or class of creditors, and/or of the stockholders or class of stockholders of this the Corporation, as the case may be, agree to any compromise or arrangement and to any reorganization of this the Corporation as a consequence of such compromise or arrangement, the said compromise or arrangement and the said reorganization shall, if sanctioned by the court Court to which the said application has been made, be binding on all the creditors or class of creditors, and/or on all the stockholders or class of stockholders, of this the Corporation, as the case may be, be and also on this the Corporation.. EIGHTH

Appears in 1 contract

Samples: Merger Agreement (America West Holdings Corp)

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