Dissolution or Liquidation. In case the Company shall, at any time prior to the Expiration Date, dissolve, liquidate or wind up its affairs, the Holder shall be entitled, upon the proper exercise of this Warrant in whole and prior to any distribution associated with such dissolution, liquidation, or winding up, to receive on such exercise, in lieu of the shares of Common Stock to which the Holder would have been entitled, the same kind and amount of assets as would have been distributed or paid to the Holder upon any such dissolution, liquidation or winding up, with respect to such shares of Common Stock had the Holder been a holder of record of such share of Common Stock on the record date for the determination of those holders of Common Stock entitled to receive any such dissolution, liquidation, or winding up distribution.
Appears in 29 contracts
Samples: Security Agreement (Itec Environmental Group Inc), Loan Agreement (Itec Environmental Group Inc), Security Agreement (Itec Environmental Group Inc)
Dissolution or Liquidation. In case the Company shall, at any time prior to the Expiration DateDate set forth in Section 1 hereof, dissolve, liquidate or wind up its affairs, the Holder shall be entitled, upon the proper exercise of this Warrant in whole or in part and prior to any distribution associated with such dissolution, liquidation, or winding up, to receive on such exercise, in lieu of the shares of Common Stock to which the Holder would have been entitled, the same kind and amount of assets as would have been distributed or paid to the Holder upon any such dissolution, liquidation or winding up, with respect to such shares of Common Stock had the Holder been a holder of record of such share of Common Stock on the record date for the determination of those holders of Common Stock entitled to receive any such dissolution, liquidation, or winding up distribution.
Appears in 14 contracts
Samples: Sonus Communication Holdings Inc, Sonus Communication Holdings Inc, Sonus Communication Holdings Inc
Dissolution or Liquidation. In case the Company shall, at any time prior to the Expiration DateDate set forth in Section 13 hereof, dissolve, liquidate or wind up its affairs, the Holder shall be entitled, upon the proper exercise of this Warrant in whole or in part and prior to any such distribution associated with such dissolution, in dissolution or liquidation, or winding up, to receive on such exercise, in lieu of the shares of Common Stock to which the Holder would have been entitledentitled to receive, the same kind and amount of assets as would have been distributed or paid to the Holder upon any such dissolution, liquidation liquidationdation or winding up, with respect to such shares of Common Stock had the Holder been a the holder of record of such share of Common Stock on the record date for the determination of those holders of Common Stock entitled to receive any such dissolution, liquidation, or winding up liquidation distribution.
Appears in 1 contract
Samples: Aps Healthcare Inc
Dissolution or Liquidation. In case the Company shall, at any time prior to the Expiration DateDate set forth in Section 1 hereof, dissolve, liquidate or wind up its affairs, the Holder shall be entitled, upon the proper exercise of this Warrant in whole or in part and prior to any distribution associated with such dissolution, liquidation, or winding up, to receive on such exercise, in lieu of the shares of Common Stock to which the Holder would have been entitled, the same kind and amount of assets as would have been distributed or paid to the Holder upon any such dissolution, liquidation or winding up, with respect to such shares of Common Stock had the Holder been a holder of record of such share of Common Stock on the record date for the determination of those holders of Common Stock entitled to receive any such dissolution, liquidation, or winding up distribution.
Appears in 1 contract
Samples: Shareholders' Agreement (Sonus Communication Holdings Inc)
Dissolution or Liquidation. In case the Company shall, at any time prior to the Expiration DateDate set forth in Section 13 hereof, dissolve, liquidate or wind up its affairs, the Holder shall be entitled, upon the proper exercise of this Warrant in whole or in part and prior to any such distribution associated with such dissolution, in dissolution or liquidation, or winding up, to receive on such exercise, in lieu of the shares of Common Stock to which the Holder would have been entitledentitled to receive, the same kind and amount of assets as would have been distributed or paid to the Holder upon any such dissolution, liquidation or winding up, with respect to such shares of Common Stock had the Holder been a the holder of record of such share of Common Stock on the record date for the determination of those holders of Common Stock entitled to receive any such dissolution, liquidation, or winding up liquidation distribution.
Appears in 1 contract
Samples: Aps Healthcare Inc