Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 5, the merger or consolidation of the Company with any other corporation or other entity, including a merger or consolidation in which the holders of Series A 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 Company, shall not constitute a liquidation, dissolution or winding up of the Company, but instead shall be subject to the provisions of Section 10.
Appears in 1 contract
Samples: Securities Purchase Agreement (Ruths Hospitality Group, Inc.)
Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section [5], the merger or consolidation of the Company Corporation with any other corporation or other entity, including a merger or consolidation in which the holders of Series A 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 CompanyCorporation, shall not constitute a liquidation, dissolution or winding up of the Company, but instead shall be subject to the provisions of Section 10Corporation.
Appears in 1 contract
Samples: Securities Purchase Agreement (General Electric Co)
Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 54, the merger or consolidation of the Company Corporation with any other corporation or other entity, including a merger or consolidation in which the holders of Series A Designated Preferred Stock receive cash, securities or other property for their shares, or UST # 205 the sale, lease or exchange (for cash, securities or other property) of all or substantially all of the assets of the CompanyCorporation, shall not constitute a liquidation, dissolution or winding up of the Company, but instead shall be subject to the provisions of Section 10Corporation.
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Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 5Article IV(E), the merger or consolidation of the Company Corporation with any other corporation or other entity, including a merger or consolidation in which the holders of Series A 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 CompanyCorporation, shall not constitute a liquidation, dissolution or winding up of the Company, but instead shall be subject to the provisions of Section 10Corporation.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Kraft Foods Group, Inc.)
Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 54, the merger or consolidation of the Company Corporation with any other corporation or other entity, including a merger or consolidation in which the holders of Series A C 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 CompanyCorporation, shall not constitute a liquidation, dissolution or winding up of the Company, but instead shall be subject to the provisions of Section 10Corporation.
Appears in 1 contract
Samples: Registration Rights Agreement (Taylor Capital Group Inc)
Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 54, the merger or consolidation of the Company Corporation with any other corporation or other entity, including a merger or consolidation in which the holders of Series A B 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 CompanyCorporation, shall will not constitute a liquidation, dissolution or winding up of the Company, but instead shall be subject to the provisions of Section 10Corporation.
Appears in 1 contract
Samples: Securities Purchase Agreement (Pathfinder Bancorp, Inc.)
Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 5, the merger or consolidation of the Company Corporation with any other corporation or other entity, including a merger or consolidation in which the holders of Series A Preferred Stock E 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 CompanyCorporation, shall not constitute a liquidation, dissolution or winding up of the CompanyCorporation, but instead shall be subject to the provisions of governed by Section 107.
Appears in 1 contract
Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 5, the merger or consolidation of the Company Corporation with any other corporation or other entity, including a merger or consolidation in which the holders of Series A Preferred Stock T 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 CompanyCorporation, shall not constitute a liquidation, dissolution or winding up of the Company, but instead shall be subject to the provisions of Section 10Corporation.
Appears in 1 contract
Samples: Securities Purchase Agreement (Bank of America Corp /De/)
Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 5, the merger or consolidation of the Company Corporation with any other corporation or other entity, including a merger or consolidation in which the holders of Series A E 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 CompanyCorporation, shall not constitute a liquidation, dissolution or winding up of the Company, but instead shall be subject to the provisions of Section 10Corporation.
Appears in 1 contract
Samples: Securities Purchase Agreement (Wabash National Corp /De)
Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 54, the merger or consolidation of the Company 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 C 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 CompanyCorporation, shall not constitute a liquidation, dissolution or winding up of the Company, but instead shall be subject to the provisions of Section 10Corporation.
Appears in 1 contract
Samples: Securities Purchase Agreement (Mitsubishi Ufj Financial Group Inc)
Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 5, the merger or consolidation of the Company Corporation with any other corporation or other entity, including a merger or consolidation in which the holders of Series A 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 CompanyCorporation, shall not constitute a liquidation, dissolution or winding up of the Company, but instead shall be subject to the provisions of Section 10Corporation.
Appears in 1 contract
Samples: Registration Rights Agreement (Occidental Petroleum Corp /De/)
Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 54, the merger or consolidation of the Company Corporation with any other corporation or other entity, including a merger or consolidation in which the holders of Series A C 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 CompanyCorporation, shall will not constitute a liquidation, dissolution or winding up of the Company, but instead shall be subject to the provisions of Section 10Corporation.
Appears in 1 contract
Samples: Securities Purchase Agreement (First NBC Bank Holding Co)
Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 54, the merger or consolidation of the Company Corporation with or into any other corporation or other entity, including a merger or consolidation in which the holders of Series A 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 CompanyCorporation, shall will not constitute a liquidation, dissolution or winding up of the Company, but instead shall be subject to the provisions of Section 10Corporation.
Appears in 1 contract
Samples: Reorganization Agreement and Plan of Share Exchange (TGR Financial, Inc.)
Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 5, the merger or consolidation of the Company Corporation with any other corporation or other entity, including a merger or consolidation in which the holders of Series A F 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 CompanyCorporation, shall not constitute a liquidation, dissolution or winding up of the Company, but instead shall be subject to the provisions of Section 10Corporation.
Appears in 1 contract
Samples: Securities Purchase Agreement (Wabash National Corp /De)
