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 6, the merger or consolidation of the Corporation with any other corporation or other entity, including a merger or consolidation in which the Holders receive cash, securities or other property for their shares of Series D Preferred Stock, or the sale, lease or exchange (for cash, securities or other property) of all or substantially all of the assets of the Corporation, shall not constitute a liquidation, dissolution or winding up of the affairs of the Corporation but instead shall constitute a Reorganization Event pursuant to Section 11(e).

Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 65, the merger or consolidation of the Corporation with any other corporation or other entity, including a merger or consolidation in which the Holders holders of Series A receive cash, securities or other property for their shares of Series D Preferred Stockshares, or the sale, lease or exchange (for cash, securities or other property) of all or substantially all of the assets of the Corporation, shall not constitute a liquidation, dissolution or winding up of the affairs of the Corporation Corporation, but instead shall constitute a Reorganization Event pursuant to be governed by Section 11(e)7.

Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 64, the merger or consolidation of the Corporation with or into any other corporation or other entity, including a merger or consolidation in which the Holders of Series D receive cash, securities or other property for their shares of Series D Preferred Stockshares, or the sale, lease or exchange (for cash, securities or other property) of all or substantially all of the assets of the Corporation, shall not constitute a liquidation, dissolution or winding up of the affairs of the Corporation but instead shall constitute a Reorganization Event pursuant to Section 11(e)Corporation.

Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 6, the merger or consolidation of the Corporation with any other corporation or other entityPerson, including a merger or consolidation in which the Holders holders of Series B-1 12.75% Preferred Stock receive cash, securities or other property for their shares of Series D Preferred Stockshares, or the sale, lease or exchange (for cash, securities or other property) of all or substantially all of the assets of the Corporation, shall not constitute a liquidation, dissolution or winding up of the affairs Corporation, but shall instead be subject to the provisions of the Corporation but instead shall constitute a Reorganization Event pursuant to Section 11(e)10.

Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 64, the merger or consolidation of the Corporation with or into any other corporation or other entity, including a merger or consolidation in which the Holders holders of Series D Preferred Stock receive cash, securities or other property for their shares of Series D Preferred Stockshares, or the sale, lease or exchange (for cash, securities or other property) of all or substantially all of the assets of the Corporation, shall will not constitute a liquidation, dissolution or winding up of the affairs of the Corporation but instead shall constitute a Reorganization Event pursuant to Section 11(e)Corporation.

Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 64, the merger or consolidation of the Corporation with any other corporation or other entity, including a merger or consolidation in which the Holders holders of Series C Preferred Stock receive cash, securities or other property for their shares of Series D Preferred Stockshares, or the sale, lease or exchange (for cash, securities or other property) of all or substantially all of the assets of the Corporation, shall will not constitute a liquidation, dissolution or winding up of the affairs of the Corporation but instead shall constitute a Reorganization Event pursuant to Section 11(e)Corporation.

Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 64, the merger merger, consolidation or consolidation other business combination of the Corporation Company with or into any other corporation or other entitycorporation, including a merger or consolidation transaction in which the Holders holders of this Series receive cash, securities cash or other property for their shares of Series D Preferred Stockshares, or the sale, lease conveyance, lease, exchange or exchange transfer (for cash, shares of stock, securities or other propertyconsideration) of all or substantially all of the assets of the CorporationCompany, shall not constitute a liquidation, dissolution or winding up of the affairs of the Corporation but instead shall constitute a Reorganization Event pursuant to Section 11(e)Company.

Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 6, the merger or consolidation of the Corporation with any other corporation or other entityPerson, including a merger or consolidation in which the Holders holders of Series B-2 11.5% Preferred Stock receive cash, securities or other property for their shares of Series D Preferred Stockshares, or the sale, lease or exchange (for cash, securities or other property) of all or substantially all of the assets of the Corporation, shall not constitute a liquidation, dissolution or winding up of the affairs Corporation, but shall instead be subject to the provisions of the Corporation but instead shall constitute a Reorganization Event pursuant to Section 11(e)10.

Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 6, the merger or consolidation of the Corporation with any other corporation or other entity, including a merger or consolidation in which the Holders holders of Series [B] Preferred Stock receive cash, securities or other property for their shares of Series D Preferred Stockshares, or the sale, lease or exchange (for cash, securities or other property) of all or substantially all of the assets of the Corporation, shall not constitute a liquidation, dissolution or winding up of the affairs of the Corporation but instead shall constitute a Reorganization Event pursuant to Section 11(e)Corporation.

Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 64, the merger or consolidation of the Corporation with or into any other corporation or other entity, including a merger or consolidation in which the Holders of Series B receive cash, securities or other property for their shares of Series D Preferred Stockshares, or the sale, lease or exchange (for cash, securities or other property) of all or substantially all of the assets of the Corporation, shall not constitute a liquidation, dissolution or winding up of the affairs of the Corporation but instead shall constitute a Reorganization Event pursuant to Section 11(e)Corporation.

Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 64, the merger or consolidation of the Corporation with any other corporation or other entity, including a merger or consolidation in which the Holders holders of Series A Preferred Stock receive cash, securities or other property for their shares of Series D Preferred Stockshares, or the sale, lease or exchange (for cash, securities or other property) of all or substantially all of the assets of the Corporation, shall will not constitute a liquidation, dissolution or winding up of the affairs of the Corporation but instead shall constitute a Reorganization Event pursuant to Section 11(e)Corporation.

Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 65, the merger or consolidation of the Corporation with any other corporation or other entity, including a merger or consolidation in which the Holders holders of Series B Preferred Stock receive cash, securities or other property for their shares of Series D Preferred Stockshares, or the sale, lease or exchange (for cash, securities or other property) of all or substantially all of the assets of the Corporation, shall not be deemed to constitute a liquidation, dissolution or winding up of the affairs of the Corporation Corporation, but instead shall constitute a Reorganization Event pursuant be subject to the provisions of Section 11(e)7.

Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 6, the merger or consolidation of the Corporation with any other corporation or other entity, including a merger or consolidation in which the Holders holders of Series [C] Preferred Stock receive cash, securities or other property for their shares of Series D Preferred Stockshares, or the sale, lease or exchange (for cash, securities or other property) of all or substantially all of the assets of the Corporation, shall not constitute a liquidation, dissolution or winding up of the affairs of the Corporation but instead shall constitute a Reorganization Event pursuant to Section 11(e)Corporation.

Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 67, the merger or consolidation of the Corporation with any other corporation or other entityPerson, including a merger or consolidation in which the Holders holders of Series C Preferred Stock receive cash, securities or other property for their shares of Series D Preferred Stockshares, or the sale, lease or exchange (for cash, securities or other property) of all or substantially all of the assets of the Corporation, shall not constitute a liquidation, dissolution or winding up of the affairs Corporation, but shall instead be subject to the provisions of the Corporation but instead shall constitute a Reorganization Event pursuant to Section 11(e)9.

Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 65, any binding share exchange or the merger or consolidation of the Corporation with any other corporation or other entityPerson, including a share exchange or a merger or consolidation in which the Holders holders of Series A Preferred Stock receive cash, securities cash or other property for their shares of Series D Preferred Stockshares, or the sale, lease or exchange (for cash, securities or other property) sale of all or substantially all of the assets of the Corporation, shall not constitute a liquidation, dissolution or winding up of the affairs of the Corporation but instead shall constitute a Reorganization Event pursuant to Section 11(e)Corporation.

Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 64, the merger or consolidation of the Corporation with any other corporation or other entity, including a merger or consolidation in which the Holders receive cash, securities or other property for their shares of Series D Preferred Stockshares, or the sale, lease or exchange (for cash, securities or other property) of all or substantially all of the assets of the Corporation, shall will not constitute a liquidation, dissolution or winding up of the affairs of the Corporation but instead shall constitute a Reorganization Event pursuant to Section 11(e)Corporation.

Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 65, the merger or consolidation of the Corporation with any other corporation or other entity, including a merger or consolidation in which the Holders holders of Series T receive cash, securities or other property for their shares of Series D Preferred Stockshares, or the sale, lease or exchange (for cash, securities or other property) of all or substantially all of the assets of the Corporation, shall not constitute a liquidation, dissolution or winding up of the affairs of the Corporation but instead shall constitute a Reorganization Event pursuant to Section 11(e)Corporation.

Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 65, the merger or consolidation of the Corporation with any other corporation or other entity, including a merger or consolidation in which the Holders holders of Series A receive cash, securities or other property for their shares of Series D Preferred Stockshares, or the sale, lease or exchange (for cash, securities or other property) of all or substantially all of the assets of the Corporation, shall not constitute a liquidation, dissolution or winding up of the affairs of the Corporation but instead shall constitute a Reorganization Event pursuant to Section 11(e)Corporation.

Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 65, the merger or consolidation of the Corporation with any other corporation or other entity, including a merger or consolidation in which the Holders holders of Series E Preferred receive cash, securities or other property for their shares of Series D Preferred Stockshares, or the sale, lease or exchange (for cash, securities or other property) of all or substantially all of the assets of the Corporation, shall not constitute a liquidation, dissolution or winding up of the affairs of the Corporation but instead shall constitute a Reorganization Event pursuant to Section 11(e)Corporation.

Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 64, the merger or consolidation of the Corporation with or into any other corporation or other entity, including a merger or consolidation in which the Holders holders of Series A Preferred Stock receive cash, securities or other property for their shares of Series D Preferred Stockshares, or the sale, lease or exchange (for cash, securities or other property) of all or substantially all of the assets of the Corporation, shall will not constitute a liquidation, dissolution or winding up of the affairs of the Corporation but instead shall constitute a Reorganization Event pursuant to Section 11(e)Corporation.

Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 6‎5, the merger sale, conveyance, exchange or consolidation transfer (for cash, shares of the Corporation with any other corporation or other entity, including a merger or consolidation in which the Holders receive cashstock, securities or other property for their shares of Series D Preferred Stock, or the sale, lease or exchange (for cash, securities or other propertyconsideration) of all or substantially all of the property and assets of the Corporation, Corporation shall not constitute be deemed a liquidationLiquidation, dissolution nor shall the merger, consolidation, statutory exchange or winding up of the affairs any other business combination transaction of the Corporation but instead shall constitute 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 Corporation be deemed to be a Reorganization Event pursuant to Section 11(e)Liquidation.

Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 6, the merger or consolidation of the Corporation with any other corporation or other entity, including a merger or consolidation in which the Holders receive cash, securities or other property for their shares of Series D A Preferred Stock, or the sale, lease or exchange (for cash, securities or other property) of all or substantially all of the assets of the Corporation, shall not constitute a liquidation, dissolution or winding up of the affairs of the Corporation but instead shall constitute a Reorganization Event pursuant to Section 11(e).

Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 65, the merger or consolidation of the Corporation with any other corporation or other entity, including a merger or consolidation in which the Holders holders of Designated Preferred Stock receive cash, securities or other property for their shares of Series D Preferred Stockshares, or the sale, lease or exchange (for cash, securities or other property) of all or substantially all of the assets of the Corporation, shall not constitute a liquidation, dissolution or winding up of the affairs of the Corporation but instead shall constitute a Reorganization Event pursuant to Section 11(e)Corporation.

Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 65, the merger sale, conveyance, exchange or consolidation transfer (for cash, shares of the Corporation with any other corporation or other entity, including a merger or consolidation in which the Holders receive cashstock, securities or other property for their shares of Series D Preferred Stock, or the sale, lease or exchange (for cash, securities or other propertyconsideration) of all or substantially all of the property and assets of the Corporation, Corporation shall not constitute be deemed a liquidationLiquidation, dissolution nor shall the merger, consolidation, statutory exchange or winding up of the affairs any other business combination transaction of the Corporation but instead shall constitute 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 Corporation be deemed to be a Reorganization Event pursuant to Section 11(e)Liquidation.

Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 65, the a merger or consolidation of the Corporation Company with or into any other corporation or other entity, including or a merger sale or consolidation in which the Holders receive cash, securities or other property for their shares of Series D Preferred Stock, or the sale, lease or exchange (for cash, securities or other property) conveyance of all or substantially all any part of the assets of the Corporation, Company (which shall not constitute in fact result in the liquidation of the Company and the distribution of assets to its stockholders) shall not be deemed to be a liquidation, voluntary or involuntary liquidation or dissolution or winding up of the affairs of the Corporation but instead shall constitute a Reorganization Event pursuant to Section 11(e)Company.

Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 6Article IV(E), the merger or consolidation of the Corporation with any other corporation or other entity, including a merger or consolidation in which the Holders holders of Series A Preferred Stock receive cash, securities or other property for their shares of Series D Preferred Stockshares, or the sale, lease or exchange (for cash, securities or other property) of all or substantially all of the assets of the Corporation, shall not constitute a liquidation, dissolution or winding up of the affairs of the Corporation but instead shall constitute a Reorganization Event pursuant to Section 11(e)Corporation.

Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 64, the merger or consolidation of the Corporation with any other corporation or other entity, including a merger or consolidation in which the Holders holders of Series F Preferred Stock receive cash, securities or other property for their shares of Series D Preferred Stockshares, or the sale, lease or exchange (for cash, securities or other property) of all or substantially all of the assets of the Corporation, shall not constitute a liquidation, dissolution or winding up of the affairs of the Corporation but instead shall constitute a Reorganization Event pursuant to Section 11(e)Corporation.

Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 64, the merger or consolidation of the Corporation with any other corporation or other entity, including a merger or consolidation in which the Holders holders of Series C Preferred Stock receive cash, securities or other property for their shares of Series D Preferred Stockshares, or the sale, lease or exchange (for cash, securities or other property) of all or substantially all of the assets of the Corporation, shall not constitute a liquidation, dissolution or winding up of the affairs of the Corporation but instead shall constitute a Reorganization Event pursuant to Section 11(e)Corporation.

Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 65, the merger or consolidation of the Corporation with any other corporation or other entity, including a merger or consolidation in which the Holders holders of Series E receive cash, securities or other property for their shares of Series D Preferred Stockshares, or the sale, lease or exchange (for cash, securities or other property) of all or substantially all of the assets of the Corporation, shall not constitute a liquidation, dissolution or winding up of the affairs of the Corporation Corporation, but instead shall constitute a Reorganization Event pursuant to be governed by Section 11(e)7.

Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 6, the merger or consolidation of the Corporation with any other corporation or other entity, including a merger or consolidation in which the Holders holders of Series A Preferred Stock receive cash, securities or other property for their shares of Series D Preferred Stockshares, or the sale, lease or exchange (for cash, securities or other property) of all or substantially all of the assets of the Corporation, shall not constitute a liquidation, dissolution or winding up of the affairs of the Corporation but instead shall constitute a Reorganization Event pursuant to Section 11(e)Corporation.

Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 64, the merger or consolidation of the Corporation with any other corporation or other entity, including a merger or consolidation in which the Holders holders of Series C Preferred Stock receive cash, securities or other property for their shares of Series D Preferred Stockshares, or the sale, lease or exchange (for cash, securities or other property) ), of all or substantially all of the assets of the Corporation, shall will not constitute a liquidation, dissolution or winding up of the affairs of the Corporation but instead shall constitute a Reorganization Event pursuant to Section 11(e)Corporation.

Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 65, the merger or consolidation of the Corporation Company with any other corporation or other entity, including a merger or consolidation in which the Holders holders of Series A Preferred Stock receive cash, securities or other property for their shares of Series D Preferred Stockshares, or the sale, lease or exchange (for cash, securities or other property) of all or substantially all of the assets of the CorporationCompany, shall not constitute a liquidation, dissolution or winding up of the affairs of the Corporation Company, but instead shall constitute a Reorganization Event pursuant be subject to the provisions of Section 11(e)10.

Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 64, the merger or consolidation of the Corporation with or into any other corporation or other entity, including a merger or consolidation in which the Holders of Series C receive cash, securities or other property for their shares of Series D Preferred Stockshares, or the sale, lease or exchange (for cash, securities or other property) of all or substantially all of the assets of the Corporation, shall not constitute a liquidation, dissolution or winding up of the affairs of the Corporation but instead shall constitute a Reorganization Event pursuant to Section 11(e)Corporation.

Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 64, the merger or consolidation of the Corporation with any other corporation or other entity, including a merger or consolidation in which the Holders holders of Series B Preferred Stock receive cash, securities or other property for their shares of Series D Preferred Stockshares, or the sale, lease or exchange (for cash, securities or other property) of all or substantially all of the assets of the Corporation, shall will not constitute a liquidation, dissolution or winding up of the affairs of the Corporation but instead shall constitute a Reorganization Event pursuant to Section 11(e)Corporation.

Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 65, the merger or consolidation of the Corporation with any other corporation or other entity, including a merger or consolidation in which the Holders holders of Series C Preferred receive cash, securities or other property for their shares of Series D Preferred Stockshares, or the sale, lease or exchange (for cash, securities or other property) of all or substantially all of the assets of the Corporation, shall not constitute a liquidation, dissolution or winding up of the affairs of the Corporation but instead shall constitute a Reorganization Event pursuant to Section 11(e)Corporation.

Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 6[5], the merger or consolidation of the Corporation with any other corporation or other entity, including a merger or consolidation in which the Holders holders of Series A receive cash, securities or other property for their shares of Series D Preferred Stockshares, or the sale, lease or exchange (for cash, securities or other property) of all or substantially all of the assets of the Corporation, shall not constitute a liquidation, dissolution or winding up of the affairs of the Corporation but instead shall constitute a Reorganization Event pursuant to Section 11(e)Corporation.

Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 65, the merger or consolidation of the Corporation with any other corporation or other entity, including a merger or consolidation in which the Holders holders of Series F Preferred receive cash, securities or other property for their shares of Series D Preferred Stockshares, or the sale, lease or exchange (for cash, securities or other property) of all or substantially all of the assets of the Corporation, shall not constitute a liquidation, dissolution or winding up of the affairs of the Corporation but instead shall constitute a Reorganization Event pursuant to Section 11(e)Corporation.

Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 65, the merger or consolidation of the Corporation with any other corporation or other entity, including a merger or consolidation in which the Holders holders of Series G Preferred receive cash, securities or other property for their shares of Series D Preferred Stockshares, or the sale, lease or exchange (for cash, securities or other property) of all or substantially all of the assets of the Corporation, shall not constitute a liquidation, dissolution or winding up of the affairs of the Corporation but instead shall constitute a Reorganization Event pursuant to Section 11(e)Corporation.

Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 65, the merger or consolidation of the Corporation with any other corporation or other entity, including a merger or consolidation in which the Holders receive cash, securities or other property for their shares of Series D Preferred Stock, or the sale, lease or exchange (for cash, securities or other property) of all or substantially all of the assets of the Corporation, shall not constitute a liquidation, dissolution or winding up of the affairs of the Corporation but instead shall constitute a Reorganization Event pursuant to Section 11(e)Corporation.