Common use of Mergers, Consolidations and Dispositions of Assets Clause in Contracts

Mergers, Consolidations and Dispositions of Assets. Without the affirmative vote or written consent of a majority of the holders (acting together as a class) of the shares of Series II Preferred Stock at the time outstanding, the Corporation shall not enter into any agreement or understanding to (i) merge or consolidate the Corporation into or with another corporation, (ii) merge or consolidate any other corporation into or with the Corporation, (iii) effectuate a plan of exchange between the Corporation and any other corporation, or (iv) sell, transfer or dispose of all or substantially all of the assets of the Corporation; (v) amend the Certificate; and (vi) issue any shares of the Corporation's capital stock which have rights and preferences greater than those of the Series II Preferred Stock.

Mergers, Consolidations and Dispositions of Assets. Without the affirmative vote or written consent of a majority of the holders (acting together as a class) of 66.67% of the shares of Series II III Preferred Stock at the time outstanding, the Corporation shall not enter into any agreement or understanding to (i) merge or consolidate the Corporation into or with another corporation, (ii) merge or consolidate any other corporation into or with the Corporation, (iii) effectuate a plan of exchange between the Corporation and any other corporation, or (iv) sell, transfer or dispose of all or substantially all of the assets of the Corporation; (v) amend the Certificatethis Certificate of Designation; and or (vi) issue any shares of the Corporation's capital stock which have rights and preferences greater than those of the Series II III Preferred Stock.