Common use of Liquidation Recapitalization Etc Clause in Contracts

Liquidation Recapitalization Etc. Any sums or other property (including, without limitation, any shares of the capital stock of any issuer, including the Company, or any securities exchangeable for or convertible into shares of such capital stock) paid or distributed upon or with respect to any of the Stock, whether by dividend or redemption or upon the liquidation or dissolution of the issuer thereof or otherwise, shall, except to the limited extent provided in Section 6, be paid over and delivered to the Company to be held by the Company, pursuant to the terms of this Agreement, as security for the payment and performance in full of all of the Obligations. In the event that, pursuant to the recapitalization or reclassification of the capital of the issuer thereof or pursuant to the reorganization thereof, any distribution of capital shall be made on or in respect of any of the Stock or any property shall be distributed upon or with respect to any of the Stock, the property so distributed shall be delivered to the Company to be held by it as security for the Obligations. Except to the limited extent provided in Section 6, all sums of money and property paid or distributed in respect of the Stock, whether as a dividend or upon such a liquidation, dissolution, recapitalization or reclassification or otherwise, that are received by the Pledgor shall, until paid or delivered to the Company, be held in trust for the Company as security for the payment and performance in full of all of the Obligations.

Appears in 1 contract

Samples: Stock Pledge Agreement (Cubist Pharmaceuticals Inc)

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Liquidation Recapitalization Etc. Any sums or other property (including, without limitation, any shares of the capital stock of any issuer, including the Company, or any securities exchangeable for or convertible into shares of such capital stock) paid or distributed upon or with respect to any of the Stock, whether by dividend or redemption or upon the liquidation or dissolution of the issuer thereof or otherwise, shall, except to the limited extent provided in Section 6Section6, be paid over and delivered to the Company to be held by the Company, pursuant to the terms of this Agreement, as security for the payment and performance in full of all of the Obligations. In the event that, pursuant to the recapitalization or reclassification of the capital of the issuer thereof or pursuant to the reorganization thereof, any distribution of capital shall be made on or in respect of any of the Stock or any property shall be distributed upon or with respect to any of the Stock, the property so distributed shall be delivered to the Company to be held by it as security for the Obligations. Except to the limited extent provided in Section 6Section6, all sums of money and property paid or distributed in respect of the Stock, whether as a dividend or upon such a liquidation, dissolution, recapitalization or reclassification or otherwise, that are received by the Pledgor shall, until paid or delivered to the Company, be held in trust for the Company as security for the payment and performance in full of all of the Obligations. 5.

Appears in 1 contract

Samples: Stock Pledge Agreement (Cubist Pharmaceuticals Inc)

Liquidation Recapitalization Etc. Any sums or other property (including, without limitation, any shares of the capital stock of any issuer, including the Company, or any securities exchangeable for or convertible into shares of such capital stock) paid or distributed upon or with respect to any of the Stock, whether by dividend or redemption or upon the liquidation or dissolution of the issuer thereof or otherwise, shall, except to the limited extent provided in Section 6, be paid over and delivered to the Company to be held by the Company, pursuant to the terms of this Agreement, as security for the payment and performance in full of all of the Obligations. In the event that, pursuant to the recapitalization or reclassification of the capital of the issuer thereof or pursuant to the reorganization thereof, any distribution of capital shall be made on or in respect of any of the Stock or any property shall be distributed upon or with respect to any of the Stock, the property so distributed shall be delivered to the Company to be held by it as security for the Obligations. Except to the limited extent provided in Section 6, all sums of money and property paid or distributed in respect of the Stock, whether as a dividend or upon such a liquidation, dissolution, recapitalization or reclassification or otherwise, that are received by the Pledgor 3 -3- shall, until paid or delivered to the Company, be held in trust for the Company as security for the payment and performance in full of all of the Obligations.

Appears in 1 contract

Samples: Stock Pledge Agreement (Biomatrix Inc)

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Liquidation Recapitalization Etc. Any sums or other property (including, without limitation, any shares of the capital stock of any issuer, including the Company, or any securities exchangeable for or convertible into shares of such capital stock) paid or distributed upon or with respect to any of the Stock, whether by dividend or redemption or upon the liquidation or dissolution of the issuer thereof or otherwise, shall, except to the limited extent provided in Section 6, shall be paid over and delivered to the Company Lender to be held by the Company, pursuant to the terms of this Agreement, Lender as security for the payment and performance in full of all of the ObligationsLiabilities and shall be applied in reduction of the Liabilities in accordance with the terms and conditions of the Credit Agreement. In the event thatcase, pursuant to the recapitalization or reclassification of the capital of the issuer thereof or pursuant to the reorganization thereof, any distribution of capital shall be made on or in respect of any of the Stock or any property shall be distributed upon or with respect to any of the Stock, the property so distributed shall be delivered to the Company Lender to be held by it Lender as security for the Obligationspayment and performance in full of all of the Liabilities and shall be applied in reduction of the Liabilities in accordance with the terms and conditions of the Credit Agreement. Except to the limited extent provided in Section 6, all All sums of money and property paid or distributed in respect of the Stock, whether as a dividend or upon such a liquidation, dissolution, recapitalization or reclassification or otherwise, that are received by the Pledgor Company shall, until paid or delivered to the CompanyLender, be held in trust for the Company Lender as security for the payment and performance in full of all of the ObligationsLiabilities.

Appears in 1 contract

Samples: Stock Pledge Agreement (Microfluidics International Corp)

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