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

Distributions Upon Liquidation, Dissolution or Winding Up. (a) Upon any voluntary or involuntary liquidation, dissolution or winding up of the affairs of the Company, subject to the prior preferences and other rights of any Senior Shares as to liquidation preferences, but before any distribution or payment shall be made to the holders of any Junior Shares as to the distribution of assets upon any liquidation, dissolution or winding up of the affairs of the Company, the holders of Series D Preferred Shares shall be entitled to receive out of the assets of the Company legally available for distribution to its shareholders liquidating distributions in cash or property at its fair market value as determined by the Board of Trustees in the amount of the Liquidation Preference per share plus an amount equal to all distributions accrued and unpaid thereon (whether or not declared) to the date of such liquidation, dissolution or winding up. After payment of the full amount of the liquidating distributions to which they are entitled, the holders of Series D Preferred Shares will have no right or claim to any of the remaining assets of the Company and shall not be entitled to any other distribution in the event of liquidation, dissolution or winding up of the affairs of the Company.

Distributions Upon Liquidation, Dissolution or Winding Up. (a) 1. Upon any voluntary or involuntary liquidation, dissolution or winding up of the affairs of the CompanyCorporation, subject to the prior preferences and other rights of any Senior Shares Stock as to liquidation preferences, but before any distribution or payment shall be made to the holders of any Junior Shares Stock as to the distribution of assets upon any liquidation, dissolution or winding up of the affairs of the CompanyCorporation, the holders of Series D I Preferred Shares Stock shall be entitled to receive out of the assets of the Company Corporation legally available for distribution to its shareholders liquidating distributions in cash or property at its fair market value as determined by the Board of Trustees Directors in the amount of the Liquidation Preference per share plus an amount equal to all distributions accrued and unpaid thereon (whether or not declared) to the date of such liquidation, dissolution or winding up. After payment of the full amount of the liquidating distributions to which they are entitled, the shares of Series I Preferred Stock shall be cancelled and the holders of Series D I Preferred Shares Stock will have no right or claim to any of the remaining assets of the Company Corporation and shall not be entitled to any other distribution in the event of liquidation, dissolution or winding up of the affairs of the CompanyCorporation.

Distributions Upon Liquidation, Dissolution or Winding Up. (a) 1. Upon any voluntary or involuntary liquidation, dissolution or winding up of the affairs of the CompanyCorporation, subject to the prior preferences and other rights of any Senior Shares Stock as to liquidation preferences, but before any distribution or payment shall be made to the holders of any Junior Shares Stock as to the distribution of assets upon any liquidation, dissolution or winding up of the affairs of the CompanyCorporation, the holders of Series D H Preferred Shares Stock shall be entitled to receive out of the assets of the Company Corporation legally available for distribution to its shareholders liquidating distributions in cash or property at its fair market value as determined by the Board of Trustees Directors in the amount of the Liquidation Preference per share plus an amount equal to all distributions accrued and unpaid thereon (whether or not declared) to the date of such liquidation, dissolution or winding up. After payment of the full amount of the liquidating distributions to which they are entitled, the shares of Series H Preferred Stock shall be cancelled and the holders of Series D H Preferred Shares Stock will have no right or claim to any of the remaining assets of the Company Corporation and shall not be entitled to any other distribution in the event of liquidation, dissolution or winding up of the affairs of the CompanyCorporation.

Distributions Upon Liquidation, Dissolution or Winding Up. (a) 1. Upon any voluntary or involuntary liquidation, dissolution or winding up of the affairs of the CompanyCorporation, subject to the prior preferences and other rights of any Senior Shares Stock as to liquidation preferences, but before any distribution or payment shall be made to the holders of any Junior Shares Stock as to the distribution of assets upon any liquidation, dissolution or winding up of the affairs of the CompanyCorporation, the holders of Series D G Preferred Shares Stock shall be entitled to receive out of the assets of the Company Corporation legally available for distribution to its shareholders liquidating distributions in cash or property at its fair market value as determined by the Board of Trustees Directors in the amount of the Liquidation Preference per share plus an amount equal to all distributions accrued and unpaid thereon (whether or not declared) to the date of such liquidation, dissolution or winding up. After payment of the full amount of the liquidating distributions to which they are entitled, the shares of Series G Preferred Stock shall be cancelled and the holders of Series D G Preferred Shares Stock will have no right or claim to any of the remaining assets of the Company Corporation and shall not be entitled to any other distribution in the event of liquidation, dissolution or winding up of the affairs of the CompanyCorporation.