Common use of Merger/Sale of Assets Clause in Contracts

Merger/Sale of Assets. A merger or consolidation of Company whether or not approved by the Board, other than a merger or consolidation which would result in the voting securities of Company outstanding immediately prior thereto continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity or the parent of such corporation) at least fifty percent (50%) of the total voting power represented by the voting securities of Company or such surviving entity or parent of such corporation, as the case may be, outstanding immediately after such merger or consolidation; (B) the sale or disposition by Company of all or substantially all of Company’s assets; or (iii)

Merger/Sale of Assets. (A) A merger or consolidation of the Company whether or not approved by the Board, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior thereto continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity or the parent of such corporation) at least fifty percent (more than 50%) % of the total voting power represented by the voting securities of the Company or such surviving entity or parent of such corporation, as the case may be, outstanding immediately after such merger or consolidation; or (B) the sale or disposition by the Company of all or substantially all of the Company’s assets; or (iii)assets in a transaction requiring stockholder approval.

Merger/Sale of Assets. A merger or consolidation of Company whether or not approved by the Board, other than a merger or consolidation which would result in the voting securities of Company outstanding immediately prior thereto continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity or the parent of such corporation) at least fifty percent (50%) of the total voting power represented by the voting securities of Company or such surviving entity or parent of such corporation, as the case may be, outstanding immediately after such merger or consolidation; or (B) the sale or disposition by Company of all or substantially all of Company’s assets; or (iii).

Merger/Sale of Assets. A merger or consolidation of Company whether or not approved by the Board, other than a merger or consolidation which would result in the voting securities of Company outstanding immediately prior thereto continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity or the parent of such corporation) at least fifty percent (50%) of the total voting power represented by the voting securities of Company or such surviving entity or parent of such corporation, as the case may be, outstanding immediately after such merger or consolidation; or (B) the sale or disposition by Company of all or substantially all of Company’s assets; or (iii). Executive acknowledges and agrees that the transactions contemplated by the Merger Agreement shall not constitute a Change of Control.

Merger/Sale of Assets. (A) A merger or consolidation of the Company whether or not approved by the BoardBoard of Directors, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior thereto continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity or the parent of such corporation) at least fifty percent (more than 50%) % of the total voting power represented by the voting securities of the Company or such surviving entity or parent of such corporation, as the case may be, outstanding immediately after such merger or consolidation; or (B) the sale or disposition by the Company of all or substantially all of the Company’s assetsassets in a transaction requiring stockholder approval; or (iii)or

Merger/Sale of Assets. (A) A merger or consolidation of the Company whether or not approved by the BoardBoard of Directors, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior thereto continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity or the parent of such corporation) at least fifty percent (more than 50%) % of the total voting power represented by the voting securities of the Company or such surviving entity or parent of such corporation, as the case may be, outstanding immediately after such merger or consolidation; or (B) the sale or disposition by the Company of all or substantially all of the Company’s assets; or (iii)assets in a transaction requiring stockholder approval.

Merger/Sale of Assets. A (1) a merger or consolidation of the Company whether or not approved by the Board, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior thereto continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity or the parent of such corporationentity) at least fifty percent (50%) of the total voting power represented by the voting securities of the Company or such surviving entity or parent of such corporationentity, as the case may be, outstanding immediately after such merger or consolidation; or (B2) the sale or disposition by the Company of all or substantially all of the Company’s assets; or (iiiC)

Merger/Sale of Assets. A merger or consolidation of the Company whether or not approved by the Board, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior thereto continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity or the parent of such corporation) at least fifty percent (50%) % of the total voting power represented by the voting securities of the Company or such surviving entity or parent of such corporation, as the case may be, corporation outstanding immediately after such merger or consolidation; (B) , or the stockholders of the Company approve an agreement for the sale or disposition by the Company of all or substantially all of the Company’s assets; or (iii);

Merger/Sale of Assets. A merger or consolidation of the Company whether or not approved by the BoardBoard of Directors, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior thereto continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity or the parent of such corporation) at least 50% (fifty percent (50%percent) of the total voting power represented by the voting securities of the Company or such surviving entity or parent of such corporation, as the case may be, corporation outstanding immediately after such merger or consolidation; (B) , or the consummation of an agreement for the sale or disposition by of the Company of all or substantially all of the Company’s assets; or (iii). “Substantially all of the Company’s assets” shall be deemed to include the assets of all business units and/or divisions of the Company and all of its affiliates.

Merger/Sale of Assets. (A) A merger or consolidation of Company whether or not approved by the Board, other than a merger or consolidation which would result in the voting securities of Company outstanding immediately prior thereto continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity or the parent of such corporation) at least fifty percent (50%) of the total voting power represented by the voting securities of Company or such surviving entity or parent of such corporation, as the case may be, outstanding immediately after such merger or consolidation; (B) or the sale or disposition by Company of all or substantially all of Company’s assets; or (iii)or

Merger/Sale of Assets. (A) A merger or consolidation of the Company whether or not approved by the BoardCompany’s Board of Directors, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior thereto continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity or the parent of such corporation) at least fifty percent (more than 50%) % of the total voting power represented by the voting securities of the Company or such surviving entity or parent of such corporation, as the case may be, outstanding immediately after such merger or consolidation; or (B) the sale or disposition by the Company of all or substantially all of the Company’s assetsassets in a transaction requiring stockholder approval; or (iii)or

Merger/Sale of Assets. (A) A merger or consolidation of Company Employer whether or not approved by the BoardBoard of Directors, other than a merger or consolidation which would result in the voting securities of Company Employer outstanding immediately prior thereto continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity or the parent of such corporation) at least fifty percent (more than 50%) % of the total voting power represented by the voting securities of Company Employer or such surviving entity or parent of such corporation, as the case may be, outstanding immediately after such merger or consolidation; or (B) the sale or disposition by Company Employer of all or substantially all of CompanyEmployer’s assets; or (iii)assets in a transaction requiring stockholder approval.