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

Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 5, the sale, conveyance, exchange or transfer (for cash, shares of stock, securities or other consideration) of all or substantially all of the property and assets of the Company shall not be deemed a voluntary or involuntary liquidation, dissolution or winding up of the affairs of the Company, nor shall the merger, consolidation, statutory exchange or any other business combination transaction of the Company into or with any other Person or the merger, consolidation, statutory exchange or any other business combination transaction of any other Person into or with the Company be deemed to be a voluntary or involuntary liquidation, dissolution or winding up of the affairs of the Company.

Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 5, the sale, conveyance, exchange or transfer (for cash, shares of stock, securities or other consideration) of all or substantially all of the property and assets of the Company Corporation shall not be deemed a voluntary or involuntary liquidationdissolution, dissolution liquidation or winding up of the affairs of the CompanyCorporation, nor shall the merger, consolidation, statutory exchange consolidation or any other business combination transaction of the Company Corporation into or with any other Person corporation or person or the merger, consolidation, statutory exchange consolidation or any other business combination transaction of any other Person corporation or person into or with the Company Corporation be deemed to be a voluntary or involuntary liquidationdissolution, dissolution liquidation or winding up of the affairs of the CompanyCorporation.

Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 5, the sale, conveyance, exchange or transfer (for cash, shares of stock, securities or other consideration) of all or substantially all of the property and assets of the Company shall not be deemed a voluntary or involuntary liquidationdissolution, dissolution liquidation or winding up of the affairs of the Company, nor shall the merger, consolidation, statutory exchange consolidation or any other business combination transaction of the Company into or with any other corporation or Person or the merger, consolidation, statutory exchange consolidation or any other business combination transaction of any other corporation or Person into or with the Company be deemed to be a voluntary or involuntary liquidationdissolution, dissolution liquidation or winding up of the affairs of the Company.

Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 5, the sale, conveyance, exchange or transfer (for cash, shares of stock, securities or other consideration) of all or substantially all of the property and assets of the Company shall not be deemed a voluntary or involuntary liquidationdissolution, dissolution liquidation or winding up of the affairs of the Company, nor shall the merger, consolidation, statutory exchange consolidation or any other business combination transaction of the Company into or with any other Person corporation or person or the merger, consolidation, statutory exchange consolidation or any other business combination transaction of any other Person corporation or person into or with the Company be deemed to be a voluntary or involuntary liquidationdissolution, dissolution liquidation or winding up of the affairs of the Company.

Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section Subsection 5, the sale, conveyance, exchange or transfer (for cash, shares of capital stock, securities or other consideration) of all or substantially all of the property and assets of the Company Corporation shall not be deemed a voluntary or involuntary liquidationdissolution, dissolution liquidation or winding up of the affairs of the CompanyCorporation, nor shall the merger, consolidation, statutory exchange consolidation or any other business combination transaction of the Company Corporation into or with any other corporation or Person or the merger, consolidation, statutory exchange consolidation or any other business combination transaction of any other corporation or Person into or with the Company Corporation be deemed to be a voluntary or involuntary liquidationdissolution, dissolution liquidation or winding up of the affairs of the CompanyCorporation.

Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 54, the sale, conveyance, exchange or transfer (for cash, shares of stock, securities or other consideration) of all or substantially all of the property and assets of the Company Corporation shall not be deemed a voluntary or involuntary liquidationdissolution, dissolution liquidation or winding up of the affairs of the CompanyCorporation, nor shall the merger, consolidation, statutory exchange consolidation or any other business combination transaction of the Company Corporation into or with any other Person corporation or person or the merger, consolidation, statutory exchange consolidation or any other business combination transaction of any other Person corporation or person into or with the Company Corporation be deemed to be a voluntary or involuntary liquidationdissolution, dissolution liquidation or winding up of the affairs of the CompanyCorporation.

Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 5, the sale, lease, conveyance, exchange or transfer (for cash, shares of stock, securities or other considerationproperty) of all or substantially all of the property and assets of the Company Corporation shall not be deemed a voluntary or involuntary liquidation, dissolution or winding up of the affairs of the CompanyCorporation, nor shall the merger, consolidation, statutory exchange consolidation or any other business combination transaction of the Company Corporation into or with any other Person corporation or person or the merger, consolidation, statutory exchange consolidation or any other business combination transaction of any other Person corporation or person into or with the Company Corporation (in each case, for cash, securities or other property) be deemed to be a voluntary or involuntary liquidation, dissolution or winding up of the affairs of the CompanyCorporation.

Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 5, the sale, conveyance, exchange or transfer (for cash, shares of stock, securities or other consideration) of all or substantially all or any part of the property and assets of the Company Corporation shall not be deemed a voluntary or involuntary liquidation, dissolution or winding up of the affairs of the CompanyCorporation, nor shall the merger, consolidation, statutory exchange or any other business combination transaction of the Company Corporation into or with any other Person or the merger, consolidation, statutory exchange or any other business combination transaction of any other Person into or with the Company Corporation be deemed to be a voluntary or involuntary liquidation, dissolution or winding up of the affairs of the CompanyCorporation.

Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 5, the sale, conveyance, exchange or transfer (for cash, shares of stock, securities or other consideration) of all or substantially all of the property and assets of the Company shall not be deemed a voluntary or involuntary liquidationdissolution, dissolution liquidation or winding up of the affairs of the Company, nor shall the merger, consolidation, statutory exchange consolidation or any other business combination transaction of the Company into or with any other corporation or Person or the merger, consolidation, statutory exchange consolidation or any other business combination transaction of any other corporation or Person into or with the Company be deemed to be a voluntary or involuntary liquidationdissolution, dissolution liquidation or winding up of the affairs of the Company.. Series DD 7

Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 5, the sale, conveyance, exchange or transfer (for cash, shares of stock, securities or other consideration) of all or substantially all of the property and assets of the Company shall not be deemed a voluntary or involuntary liquidationdissolution, dissolution liquidation or winding up of the affairs of the Company, nor shall the merger, consolidation, statutory exchange consolidation or any other business combination transaction of the Company into or with any other corporation or Person or the merger, consolidation, statutory exchange consolidation or any other business combination transaction of any other corporation or Person into or with the Company be deemed to be a voluntary or involuntary liquidationdissolution, dissolution liquidation or winding up of the affairs of the Company.. Series AA 7

Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 5, the sale, lease, conveyance, exchange or transfer (for cash, shares of stock, securities or other considerationproperty) of all or substantially all of the property and assets of the Company Corporation shall not be deemed a voluntary or involuntary liquidationdissolution, dissolution liquidation or winding up of the affairs of the CompanyCorporation, nor shall the merger, consolidation, statutory exchange consolidation or any other business combination transaction of the Company Corporation into or with any other Person corporation or person or the merger, consolidation, statutory exchange consolidation or any other business combination transaction of any other Person corporation or person into or with the Company Corporation (in each case, for cash, securities or property) be deemed to be a voluntary or involuntary liquidationdissolution, dissolution liquidation or winding up of the affairs of the CompanyCorporation.

Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 5, the sale, conveyancelease, exchange or other transfer (for cash, shares of stock, securities or other consideration) of all or substantially all of the property and assets of the Company Corporation shall not be deemed a voluntary or involuntary liquidationdissolution, dissolution liquidation or winding up of the affairs of the CompanyCorporation, nor shall the merger, consolidation, statutory exchange consolidation or any other business combination transaction of the Company Corporation into or with any other Person corporation or person or the merger, consolidation, statutory exchange consolidation or any other business combination transaction of any other Person corporation or person into or with the Company Corporation, including a merger or consolidation in which holders of Series C Preferred Stock receive cash, securities or other property for their shares, be deemed to be a voluntary or involuntary liquidationdissolution, dissolution liquidation or winding up of the affairs of the CompanyCorporation.

Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 512, the sale, conveyance, exchange or transfer (for cash, shares of stock, securities or other consideration) of all or substantially all of the property and assets of the Company Corporation shall not be deemed a voluntary or involuntary liquidationdissolution, dissolution liquidation or winding up of the affairs of the CompanyCorporation, nor shall the merger, consolidation, statutory exchange consolidation or any other business combination transaction of the Company Corporation into or with any other Person corporation or person or the merger, consolidation, statutory exchange consolidation or any other business combination transaction of any other Person corporation or person into or with the Company Corporation be deemed to be a voluntary or involuntary liquidationdissolution, dissolution liquidation or winding up of the affairs of the CompanyCorporation.

Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 5, the sale, conveyance, exchange or transfer (for cash, shares of stock, securities or other consideration) of all or substantially all of the property and assets of the Company shall not be deemed a voluntary or involuntary liquidationdissolution, dissolution liquidation or winding up of the affairs of the Company, nor shall the merger, consolidation, statutory exchange consolidation or any other business combination transaction of the Company into or with any other corporation or Person or the merger, consolidation, statutory exchange consolidation or any other business combination transaction of any other corporation or Person into or with the Company be deemed to be a voluntary or involuntary liquidationdissolution, dissolution liquidation or winding up of the affairs of the Company.. Series BB 11