Common use of Merger, Consolidation and Sale of Assets Is Not Liquidation Clause in Contracts

Merger, Consolidation and Sale of Assets Is Not Liquidation. For purposes of this Article VI, the merger or consolidation of the Company with any other corporation or other entity, including a merger or consolidation in which the holders of Senior Securities 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 Company, shall not constitute a liquidation, dissolution or winding up of the Company.

Merger, Consolidation and Sale of Assets Is Not Liquidation. For purposes of this Article VI, the merger or consolidation of the Company with any other corporation or other entity, including a merger or consolidation in which the holders of Senior Securities receive cash, securities or other property for their sharesSenior Securities, or the sale, lease or exchange (for cash, securities or other property) of all or substantially all of the assets of the Company, shall not constitute a liquidation, dissolution or winding up of the Company.

Merger, Consolidation and Sale of Assets Is Not Liquidation. For purposes of this Article VI, the merger or consolidation of the Company with any other corporation or other entity, including a merger or consolidation in which the holders of Senior EQ2 Securities 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 Company, shall not constitute a liquidation, dissolution or winding up of the Company.