Common use of CONSOLIDATION, MERGER, SALE, LEASE OR CONVEYANCE Clause in Contracts

CONSOLIDATION, MERGER, SALE, LEASE OR CONVEYANCE. In case of any consolidation or merger of the Company with or into another corporation or entity, or in case of any sale, lease or conveyance to another corporation or entity of the assets of the Company as an entirety or substantially as an entirety, each share of Series H Preferred Stock shall after the date of such consolidation, merger, sale, lease or conveyance be convertible into the number of shares of stock or other securities or property (including cash) to which the Voting Common Stock issuable (immediately prior to the time of such consolidation, merger, sale, lease or conveyance) upon conversion of such share of Series H Preferred Stock would have been entitled upon such consolidation, merger, sale, lease or conveyance, and in any such case, if necessary, the provisions set forth herein with respect to the rights and interests thereafter of the holders of the shares of Series H Preferred Stock shall be appropriately adjusted so as to be applicable, as nearly as may reasonably be possible, to any shares of stock or other securities or property thereafter deliverable on the conversion of the shares of Series H Preferred Stock.

Appears in 2 contracts

Samples: Restructuring Agreement (Cypress Group LLC), Restructuring Agreement (TPG Advisors Ii Inc)

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CONSOLIDATION, MERGER, SALE, LEASE OR CONVEYANCE. In case of any consolidation with or merger of the Company Corporation with or into another corporation or entity, or in case of any sale, lease lease, or conveyance to another corporation or entity person of the assets of the Company Corporation as an entirety or substantially as an entirety, each share of Series H A Preferred Stock shall will be convertible, after the date of such consolidation, merger, sale, lease lease, or conveyance be convertible conveyance, into the number of shares of stock or other securities or property (including cash) to which the Voting Class A Common Stock issuable (immediately prior to at the time of such consolidation, merger, sale, lease lease, or conveyance) upon conversion of such a share of Series H A Preferred Stock would have been entitled upon such consolidation, merger, sale, lease lease, or conveyance, ; and in any such case, if necessary, the provisions set forth herein with respect to the rights and interests thereafter of the holders of the shares of Series H A Preferred Stock shall will be appropriately adjusted so as to be applicable, as nearly as may reasonably be possiblebe, to any shares of 106 stock or other securities or property thereafter deliverable on the conversion of the shares of Series H A Preferred Stock.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Dynegy Inc)

CONSOLIDATION, MERGER, SALE, LEASE OR CONVEYANCE. In case of any consolidation with or merger of the Company Corporation with or into another corporation or entity, or in case of any sale, lease lease, or conveyance to another corporation or entity person of the assets of the Company Corporation as an entirety or substantially as an entirety, each share of Series H A Preferred Stock shall will be convertible, after the date of such consolidation, merger, sale, lease lease, or conveyance be convertible conveyance, into the number of shares of stock or other securities or property (including cash) to which the Voting Class A Common Stock issuable (immediately prior to at the time of such consolidation, merger, sale, lease lease, or conveyance) upon conversion of such a share of Series H A Preferred Stock would have been entitled upon such consolidation, merger, sale, lease lease, or conveyance, ; and in any such case, if necessary, the provisions set forth herein with respect to the rights and interests thereafter of the holders of the shares of Series H A Preferred Stock shall will be appropriately adjusted so as to be applicable, as nearly as may reasonably be possiblebe, to any shares of 104 stock or other securities or property thereafter deliverable on the conversion of the shares of Series H A Preferred Stock.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Illinova Corp)

CONSOLIDATION, MERGER, SALE, LEASE OR CONVEYANCE. In case of any consolidation or merger of the Company with or into another corporation or entity, or in case of any sale, lease or conveyance to another corporation or entity of the assets of the Company as an entirety or substantially as an entirety, each share of Series H I Preferred Stock shall after the date of such consolidation, merger, sale, lease or conveyance be convertible into the number of shares of stock or other securities or property (including cash) to which the Non-Voting Common Stock issuable (immediately prior to the time of such consolidation, merger, sale, lease or conveyance) upon conversion of such share of Series H I Preferred Stock would have been entitled upon such consolidation, merger, sale, lease or conveyance, and in any such case, if necessary, the provisions set forth herein with respect to the rights and interests thereafter of the holders of the shares of Series H I Preferred Stock shall be appropriately adjusted so as to be applicable, as nearly as may reasonably be possible, to any shares of stock or other securities or property thereafter deliverable on the conversion of the shares of Series H I Preferred Stock.

Appears in 1 contract

Samples: Restructuring Agreement (Cypress Group LLC)

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CONSOLIDATION, MERGER, SALE, LEASE OR CONVEYANCE. In case of any consolidation with or merger of the Company Corporation with or into another corporation or entity, or in case of any sale, lease or conveyance to another corporation or entity of the assets of the Company Corporation as an entirety or substantially as an entirety, each share of Series H Preferred Stock shall after the date of such consolidation, merger, sale, lease or conveyance be convertible into the number of shares of stock or other securities or property (including cash) to which the Voting shares of Common Stock issuable (immediately prior to at the time of such consolidation, merger, sale, lease or conveyance) upon conversion of such share of Series H Preferred Stock would have been entitled upon such consolidation, merger, sale, lease or conveyance, ; and in any such case, if necessary, the provisions set forth herein with respect to the rights and interests thereafter of the holders of the shares of Series H Preferred Stock shall be appropriately adjusted so as to be applicable, as nearly as may reasonably be possiblebe, to any shares of stock or other securities or property thereafter deliverable on the conversion of the shares of Series H Preferred Stock.

Appears in 1 contract

Samples: Debenture Purchase Agreement (Wedge Energy Services LLC)

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