Merger, Consolidation and Sale of Assets Is Not Liquidation. For purposes of this Section 4, the merger or consolidation of the Issuer with any other corporation or other entity, including a merger or consolidation in which the holders of Designated Preferred Stock receive cash, securities or other property for their shares, or the sale, lease or exchange (for cash, securities or other property) of all or substantially all of the assets of the Issuer, shall not constitute a liquidation, dissolution or winding up of the Issuer.
Appears in 8 contracts
Samples: Securities Purchase Agreement, Securities Purchase Agreement (Sunshine Bancorp, Inc.), Securities Purchase Agreement (Simmons First National Corp)
Merger, Consolidation and Sale of Assets Is Not Liquidation. For purposes of this Section 44(d), the merger or consolidation of the Issuer with any other corporation or other entity, including a merger or consolidation in which the holders of Designated Senior Preferred Stock receive cash, securities or other property for their shares, or the sale, lease or exchange (for cash, securities or other property) of all or substantially all of the assets of the Issuer, shall not constitute a liquidation, dissolution or winding up of the Issuer.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Bancplus Corp), Securities Purchase Agreement (Ponce Financial Group, Inc.), Letter Agreement (Broadway Financial Corp \De\)
Merger, Consolidation and Sale of Assets Is Not Liquidation. For purposes of this Section 45, the merger or consolidation of the Issuer Corporation with any other corporation or other entity, including a merger or consolidation in which the holders of Designated Preferred Stock Holders receive cash, securities or other property for their shares, or the sale, lease or exchange (for cash, securities or other property) of all or substantially all of the assets of the IssuerCorporation, shall not constitute a liquidation, dissolution or winding up of the IssuerCorporation.
Appears in 2 contracts
Samples: Voting and Termination Agreement (Heartland Financial Usa Inc), Voting and Termination Agreement (Heartland Financial Usa Inc)
Merger, Consolidation and Sale of Assets Is Not Liquidation. For purposes of this Section 4, the merger or consolidation of the Issuer Corporation with any other corporation or other entity, including a merger or consolidation in which the holders of Designated Preferred Stock receive cash, securities or other property for their shares, or the sale, lease or exchange (for cash, securities or other property) of all or substantially all of the assets of the IssuerCorporation, shall not constitute a liquidation, dissolution or winding up of the IssuerCorporation.
Appears in 1 contract
Samples: Securities Purchase Agreement (Xenith Bankshares, Inc.)
