Common use of COMPROMISES AND ARRANGEMENTS Clause in Contracts

COMPROMISES AND ARRANGEMENTS. 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 DGCL 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 DGCL, 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, which parties are to be summoned in such manner as the court directs. If a majority in number representing three-fourths (3/4) in value of either the creditors or a class of creditors and/or of the stockholders or a 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, said compromise or arrangement and said reorganization shall, if sanctioned by the court to which 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 8 contracts

Samples: License Agreement (Radius Health, Inc.), Stockholders’ Agreement (Radius Health, Inc.), Stockholders’ Agreement (Radius Health, Inc.)

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COMPROMISES AND ARRANGEMENTS. 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 Class of them, any court of equitable jurisdiction within the State of 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 291 391 of Title 8 of the DGCL Delaware Code 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 DGCLDelaware Code, order a meeting 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, which parties are to be summoned in such a manner as the said court directs. If a majority in of the number representing three-fourths (3/43/4ths) in value of either the creditors or a class of creditors creditors, and/or of the stockholders or a 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, said the 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 creditors, and/or on all the stockholders or class of stockholders of this the Corporation, as the case may be, and also on this the Corporation.

Appears in 1 contract

Samples: investors.ribboncommunications.com

COMPROMISES AND ARRANGEMENTS. 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, any court of equitable jurisdiction within the State of 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 DGCL Delaware Code 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 DGCL, Delaware Code order a meeting 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, which parties are to be summoned in such manner as the said court directs. If a majority in number representing three-three fourths (3/43/4ths) in value of either the creditors or a class of creditors creditors, and/or of the stockholders or a 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 to which the said application has been made, be binding on all the creditors or class of creditors creditors, and/or on all the stockholders or class of stockholders stockholders, of this the Corporation, as the case may be, and also on this the Corporation.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Sonus Networks Inc)

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COMPROMISES AND ARRANGEMENTS. 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, any court of equitable jurisdiction within the State of 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 DGCL Delaware Code 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 DGCL, Delaware Code order a meeting 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, which parties are to be summoned in such manner as the said court directs. If a majority in number representing three-fourths (3/43/4ths) in value of either the creditors or a class of creditors creditors, and/or of the stockholders or a 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 to which the said application has been made, be binding on all the creditors or class of creditors creditors, and/or on all the stockholders or class of stockholders stockholders, of this the Corporation, as the case may be, and also on this the Corporation.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Sonus Networks Inc)

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