Common use of Insufficient Assets Clause in Contracts

Insufficient Assets. If, upon any liquidation, dissolution, or winding up of the Corporation, whether voluntary or involuntary, the assets legally available for distribution among the holders of the Series B Preferred Stock shall be insufficient to permit payment to such holders of the full preferential amount as provided for in Section 5(a) above, then such holders shall share ratably in any distribution of available assets according to the respective amounts which would otherwise be payable with respect to the shares of Series B Preferred Stock held by them upon such liquidating distribution if all amounts payable on or with respect to such shares were paid in full, based upon the aggregate liquidation value payable upon all shares of Series B Preferred Stock then outstanding.

Insufficient Assets. If, upon any liquidation, dissolution, Liquidation or winding up of the Corporation, whether voluntary or involuntaryDeemed Liquidation, the assets legally available for distribution among the holders of the Series B B1/B2/B3/B4 Preferred Stock and any Parity Securities of the Corporation shall be insufficient to permit payment to such holders of the full preferential amount amounts as provided for in Section 5(a) above, then such holders shall share ratably in any distribution of available assets according to the respective amounts which would otherwise be payable with respect to the shares of Series B Preferred Stock securities held by them upon such liquidating distribution if all amounts payable on or with respect to such shares securities were paid in full, based upon the aggregate liquidation value payable upon all shares of Series B B1/B2/B3/B4 Preferred Stock and any Parity Securities then outstanding.

Insufficient Assets. If, upon any liquidation, dissolution, Liquidation or winding up of the Corporation, whether voluntary or involuntaryDeemed Liquidation, the assets legally available for distribution among the holders of the Series B C Preferred Stock and any Parity Securities of the Corporation shall be insufficient to permit payment to such holders of the full preferential amount amounts as provided for in Section 5(a) above, then such holders shall share ratably in any distribution of available assets according to the respective amounts which would otherwise be payable with respect to the shares of Series B Preferred Stock securities held by them upon such liquidating distribution if all amounts payable on or with respect to such shares securities were paid in full, based upon the aggregate liquidation value payable upon all shares of Series B C Preferred Stock and any Parity Securities then outstanding.

Insufficient Assets. If, upon any liquidation, dissolution, Liquidation or winding up of the Corporation, whether voluntary or involuntaryDeemed Liquidation, the assets legally available for distribution among the holders of the Series B 1/2/3 Preferred Stock and any Parity Securities of the Corporation shall be insufficient to permit payment to such holders of the full preferential amount amounts as provided for in Section 5(a) above, then such holders shall share ratably in any distribution of available assets according to the respective amounts which would otherwise be payable with respect to the shares of Series B Preferred Stock securities held by them upon such liquidating distribution if all amounts payable on or with respect to such shares securities were paid in full, based upon the aggregate liquidation value payable upon all shares of Series B 1/2/3 Preferred Stock and any Parity Securities then outstanding.