Common use of Merger of Xxxxx USA Clause in Contracts

Merger of Xxxxx USA. The date of approval by the shareholders of Xxxxx USA of a reorganization, merger or consolidation of Xxxxx USA, in each case, with respect to which all or substantially all of the individuals and entities who were the respective beneficial owners of the common stock and voting securities of Xxxxx USA immediately prior to such reorganization, merger or consolidation do not, following such reorganization, merger or consolidation (or following a series of prearranged related transactions), beneficially own more than 50% of, respectively, the then outstanding shares of common stock or the combined voting power of the then outstanding voting securities entitled to vote generally in the election of directors, as the case may be, of the corporation resulting from such reorganization, merger or consolidation.

Appears in 5 contracts

Samples: Memorandum of Agreement (Clark Refining & Marketing Inc), Memorandum of Agreement (Clark Refining & Marketing Inc), Memorandum of Agreement (Clark Refining & Marketing Inc)

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