Plan of Liquidation. If the stockholders of the Company approve a complete plan of liquidation or dissolution of the Company (“Approved Liquidation Plan”), all Unvested Equity Awards that are not Performance Awards will fully vest on the date of such approval and all such awards that are Performance Awards shall vest to the extent the performance goals established under such awards have been achieved on such date (as if the Employee had satisfied all employment conditions required to vest), with the corresponding performance period for such award(s) deemed completed as of the date immediately preceding the date of such approval. Shares of common stock that so vest will be deemed outstanding as of the close of business on the date of such approval, and certificates representing such shares shall be delivered to the Employee as promptly as practicable thereafter. Any Performance Awards not vesting on the date of such approval shall be immediately cancelled without consideration therefor. In addition, unless the Approved Liquidation Plan shall have been rescinded, if the Partnership terminates the Employee’s employment without Cause or the Employee terminates the Employee’s employment for Good Reason in each case following stockholder approval of the Approved Liquidation Plan, then the Employee shall receive the benefits provided in Sections 4(a), 4(b) and 4(c), as applicable.
Plan of Liquidation. If the shareholders of the Company approve a complete plan of liquidation or dissolution of the Company (“Approved Liquidation Plan”), all Unvested Equity Awards will fully vest on the date of such approval. Shares of common stock that so vest will be deemed outstanding as of the close of business on the date of such approval, and certificates representing such shares shall be delivered to the Employee as promptly as practicable thereafter. In addition, unless the Approved Liquidation Plan shall have been rescinded, if the Company terminates the Employee’s employment without Cause or the Employee terminates the Employee’s employment for Good Reason in each case following shareholder approval of the Approved Liquidation Plan, then the Employee shall receive the benefits provided in Sections 4(a) and 4(b).
Plan of Liquidation. From and after the date hereof, the Plan of Liquidation shall be amended as follows:
Plan of Liquidation. The parties acknowledge and agree that pursuant to the Plan, the Manager, under the direction of the Investment Manager and the Sub-Adviser, is authorized and directed to effect the winding down of the Fund in connection with the Liquidation of the Fund.
Plan of Liquidation. Notwithstanding anything herein to the contrary, the aforesaid Option to Sell shall not apply nor be binding on the AEI Partnership, if the AEI Partnership shall dispose of all of its interest in the Property according to a written plan of liquidation ("Plan of Liquidation") executed prior to the disposition of the AEI Partnership's remaining interest in the Property, said Plan of Liquidation contemplating the sale of all of the AEI Partnership's assets over a continuous period in a series of related transactions commenced with the express design to liquidate the AEI Partnership's interests in all assets, and no damages shall accrue to Adamson if in fact xxxx xxquidation occurs within a commercially reasonable time in accordance with such written Plan of Liquidation.
Plan of Liquidation. Sellers shall use commercially reasonable efforts to add to or include in any chapter 11 plan of liquidation of the Sellers a provision to the effect that the Buyer is included in the definition of Released Parties (as such term is defined in Sellers’ “Plan of Reorganization of the Debtors and Debtors in Possession Pursuant to Chapter 11 of the Bankruptcy Code,” as filed on July 25, 2018 [Docket No. 533]).
Plan of Liquidation. DIMAC Holdings shall not in a single transaction or through a series of related transactions, adopt a Plan of Liquidation.
Plan of Liquidation. Buyer (on behalf of itself and each of its Affiliates) hereby covenants and agrees that none of Buyer or any of its Affiliates shall act or fail to act in any manner (other than as expressly permitted hereunder) that adversely interferes with the Company's plan of liquidation that includes the purchase and sale transactions contemplated by this Agreement. Furthermore, Buyer (on behalf of itself and each of its Affiliates) hereby covenants and agrees to actively support said plan of liquidation, and, at the request of Seller, to take such actions and execute such documents (or cause its Affiliates to take such actions and execute such documents) as Seller may reasonably request in connection with such plan of liquidation. Each Affiliate of Buyer who is a "tenant" under a Buyer Lease has executed the Acknowledgment, Consent and Agreement Page attached hereto for the purposes of evidencing its acknowledgment of and consent to the terms and provisions of this SECTION 4.10(b) and its agreement to be bound by the terms and provisions of this SECTION 4.10(b).
Plan of Liquidation. Buyer, on behalf of itself and each of its Affiliates, hereby covenants and agrees that none of Buyer nor any of its Affiliates shall act or fail to act in any manner that adversely interferes with the Plan of Liquidation, including, without limitation, (i) casting any votes against any proposal submitted by GTA to its stockholders and (ii) without Seller’s prior written consent, communicating in any way with any stockholder of GTA or any partner of Parent prior to six (6) months after the Closing.
Plan of Liquidation. WESAC will cease the active conduct of its business and wind up its affairs and, within the meaning of Section 332 of the Internal Revenue Code of 1986, as amended, will liquidate and distribute all of its assets, if any, in complete liquidation, less any assets retained to meet claims. The liquidation of WESAC will occur promptly, but in any event within one calendar month following the Closing Date.
