Common use of Dissolution, Liquidation or Winding Up Clause in Contracts

Dissolution, Liquidation or Winding Up. In the event of any dissolution, liquidation or winding up of the affairs of the Corporation, after distribution in full of the preferential amounts, if any, to be distributed to the holders of shares of the Preferred Stock, holders of Common Stock shall be entitled, unless otherwise provided by law or this Certificate of Incorporation, to receive all of the remaining assets of the Corporation of whatever kind available for distribution to stockholders ratably in proportion to the number of shares of Common Stock held by them respectively.

Appears in 4 contracts

Samples: Asset Purchase Agreement (Central Iowa Energy, LLC), Agreement and Plan of Merger (Blackhawk Biofuels, LLC), Limited Liability Company Agreement (Blackhawk Biofuels, LLC)

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Dissolution, Liquidation or Winding Up. In Upon the event of any dissolution, liquidation or winding up of the affairs of the Corporation, after distribution in full of subject to the preferential amountsrights, if any, to be distributed to of the holders of shares any outstanding series of the Preferred Stock, the holders of the Common Stock shall be entitled, unless otherwise provided by law or this Certificate of Incorporation, entitled to receive all of the remaining assets of the Corporation of whatever kind available for distribution to its stockholders ratably in proportion to the number of shares of Common Stock held by them respectivelythem.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Ikonics Corp), Stockholders Agreement (Adma Biologics, Inc.)

Dissolution, Liquidation or Winding Up. In the event of any dissolution, liquidation or winding up of the affairs of the Corporation, after distribution in full of the preferential amounts, if any, to be distributed to the holders of shares of the Preferred Stock, holders of Common Stock shall be entitled, unless otherwise provided by law or this Certificate of Incorporation, to receive all of the remaining assets of the Corporation of whatever kind available for distribution to stockholders ratably in proportion to the number of shares of Common Stock held by them respectively.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Citrix Systems Inc)

Dissolution, Liquidation or Winding Up. In the event of any dissolution, liquidation or winding up of the affairs of the Corporationcorporation, after distribution in full of the preferential amounts, if any, to be distributed to the holders of shares of the Preferred Stock, holders of Common Stock shall be entitled, unless otherwise provided by law or this Certificate of Incorporation, including any certificate of designation for a series of Preferred Stock, to receive all of the remaining assets of the Corporation corporation of whatever kind available for distribution to stockholders ratably in proportion to the number of shares of Common Stock held by them respectivelythem.

Appears in 1 contract

Samples: Agreement of Merger (International Microcomputer Software Inc /Ca/)

Dissolution, Liquidation or Winding Up. In the event of any dissolution, liquidation or winding up of the affairs of the Corporation, whether voluntary or involuntary, after distribution in full of the preferential amounts, if any, to be distributed to the holders of shares of the Preferred Stock, if any, the assets and funds of the Corporation shall be distributed pro rata to the holders of Common Stock shall be entitled, unless otherwise provided by law or this Certificate of Incorporation, to receive all of the remaining assets of the Corporation of whatever kind available for distribution to stockholders ratably in proportion to based on the number of shares of Common Stock held by them respectivelythem.

Appears in 1 contract

Samples: Contribution and Merger Agreement (Renegy Holdings, Inc.)

Dissolution, Liquidation or Winding Up. In the event of any dissolution, liquidation or winding up of the affairs of the Corporation, after distribution in full of the preferential amounts, if any, to be distributed to the holders of shares of the Preferred Stock, holders of Common Stock shall be entitled, unless otherwise provided by law or this Certificate the certificate of Incorporationincorporation of the Corporation, to receive all of the remaining assets of the Corporation of whatever kind available for distribution to stockholders ratably in proportion to the number of shares of Common Stock held by them respectively.

Appears in 1 contract

Samples: Business Combination Agreement (VectoIQ Acquisition Corp.)

Dissolution, Liquidation or Winding Up. In the event of any dissolution, liquidation or winding up of the affairs of the Corporation, after distribution in full of the preferential amounts, if any, to be distributed to the holders of shares of the outstanding Preferred Stock, holders of the Common Stock shall be entitled, unless otherwise provided by law or this Certificate of Incorporationlaw, to receive all of the remaining assets of the Corporation of whatever kind available for distribution to stockholders ratably in proportion to the number of shares of Common Stock held by them respectively.

Appears in 1 contract

Samples: Business Combination Agreement (InterPrivate Acquisition Corp.)

Dissolution, Liquidation or Winding Up. In the event of any dissolution, liquidation or winding up of the affairs of the Corporation, after distribution in full of the preferential amountswhether voluntary or involuntary, if any, to be distributed to the holders of shares of the Preferred Stock, holders each issued and outstanding share of Common Stock shall be entitled, unless otherwise provided by law or this Certificate of Incorporation, entitle the holder thereof to receive all an equal portion of the remaining net assets of the Corporation of whatever kind available for distribution to stockholders ratably in proportion to the number of shares holders of Common Stock held by them respectivelyStock, subject to any preferential rights of any then outstanding Preferred Stock.

Appears in 1 contract

Samples: Shareholder Agreement (Banco Santander, S.A.)

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Dissolution, Liquidation or Winding Up. In the event of any dissolution, liquidation or winding winding-up of the affairs of the Corporation, after distribution in full of the preferential amounts, if any, to be distributed to the holders of shares of the Preferred Stock, holders of Common Stock shall be entitled, unless otherwise provided by law or this Amended and Restated Certificate of Incorporation, to receive all of the remaining assets of the Corporation of whatever kind available for distribution to stockholders ratably in proportion to the number of shares of Common Stock held by them respectivelythem.

Appears in 1 contract

Samples: Loan Modification Agreement (Imprivata Inc)

Dissolution, Liquidation or Winding Up. In the event of any dissolution, liquidation or winding up of the affairs of the Corporationcorporation, after distribution in full of the preferential amounts, if any, to be distributed to the holders of shares of the Preferred Stock, holders of Common Stock shall be entitled, unless otherwise provided by law or this Restated Certificate of Incorporation, to receive all of the remaining assets of the Corporation corporation of whatever kind available for distribution to stockholders ratably in proportion to the number of shares of Common Stock held by them respectively.

Appears in 1 contract

Samples: Stock Purchase Agreement (Deltagen Inc)

Dissolution, Liquidation or Winding Up. In the event of any dissolution, liquidation or winding up of the affairs of the Corporation, after distribution in full of the preferential amounts, if any, to be distributed to the holders of shares of the Preferred Stock, holders of Common Stock Stock, shall be entitled, unless otherwise provided by law or this Restated Certificate of Incorporation, to receive all of the remaining assets of the Corporation of whatever kind available for distribution to stockholders ratably in proportion to the number of shares of Common Stock held by them respectively.

Appears in 1 contract

Samples: Agreement (Dynagen Inc)

Dissolution, Liquidation or Winding Up. In the event of any dissolution, liquidation or winding winding-up of the affairs of the Corporation, after distribution in full of the preferential amounts, if any, to be distributed to the holders of shares of the Preferred Stock, holders of Common Stock shall be entitled, unless otherwise provided by law or this Certificate of Incorporation, to receive all of the remaining assets of the Corporation of whatever kind available for distribution to stockholders ratably in proportion to the number of shares of Common Stock held by them respectivelythem.

Appears in 1 contract

Samples: Collaboration Agreement (Arsanis, Inc.)

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