Preference on Liquidation. (a) Upon the liquidation or dissolution of the Company ("Liquidation Event"), the holders of Series A Preferred Stock shall be entitled to receive out of the Company's assets, for each share of Series A Preferred Stock outstanding at the time thereof, distributions in the amount of $0.31755 (subject to adjustment from time to time as a result of a stock split, stock combination or any other similar event affecting the outstanding number of shares of Series A Preferred Stock) (as adjusted from time to time, the "Original Issue Price") plus an amount equal to all accumulated but unpaid dividends thereon, whether or not declared (the Original Issue Price together with such dividends, the "Liquidation Preference").
(b) Distributions of the Company's cash, securities and other assets pursuant to this Section 3 shall be made to the holders of shares of Series A Preferred Stock and all other Parity Stock in proportion to the total amounts to which the holders of all shares of Series A Preferred Stock and all other Parity Stock are entitled upon a Liquidation Event.
(c) No payment or distribution shall be made in respect of any shares of Series A Preferred Stock pursuant to Section 3(a) unless, at the time of such distribution, all amounts due in respect of any shares of Senior Stock have been paid in full.
(d) No payment or distribution shall be made in respect of any shares of Junior Stock unless, at the time of such distribution, the holders of shares of Series A Preferred Stock shall have received the Liquidation Preference with respect to each share.
(e) Upon the payment in full of all amounts due to a holder of Series A Preferred Stock pursuant to this Section 3, such holder shall not be entitled to any further participation in the assets of the Company.
Preference on Liquidation. Upon dissolution of the Partnership, the Series B Preferred Interests shall have the priority established in Section 6.2 of the Agreement and shall be pari passu with the Series A, C, D and E Preferred Interests and any other series that ranks pari passu with the Series B Preferred Interests.
Preference on Liquidation. (a) Amount, Priority, Etc. ---------------------
(i) In the event of any voluntary or involuntary liquidation, dissolution or winding up of the Corporation, the holders of shares of the Series A Preferred Stock, Series B Preferred Stock, Series C Preferred Stock, Series D Preferred Stock, Series E Preferred Stock, and Series F Preferred Stock then outstanding shall be entitled to be paid, out of the assets of the Corporation available for distribution to its stockholders, whether from capital, surplus or earnings, before any payment shall be made in respect of the Corporation's Common Stock, an amount equal to Fifty Cents ($0.50) per share of Series A Preferred Stock, One Dollar ($1.00) per share of Series B Preferred Stock, One Dollar ($1.00) per share of Series C Preferred Stock, One Dollar and Twenty-five Cents ($1.25) per share of Series D Preferred Stock, Seventy-five Cents ($0.75) per share of Series E Preferred Stock, and Fifty-five Cents ($0.55) per share of Series F Preferred Stock, for each such share held plus all declared and unpaid dividends thereon to the date fixed for distribution (as adjusted for stock splits, stock dividends, recapitalizations and the like). If, upon liquidation, dissolution or winding up of the Corporation, the assets of the Corporation available for distribution to its stockholders shall be insufficient to pay the holders of the Series A Preferred Stock, Series B Preferred Stock, Series C Preferred Stock, Series D Preferred Stock, Series E Preferred Stock, and Series F Preferred Stock the full amounts to which they shall be entitled pursuant to this Article FOURTH, Section 2
(a) (i), the entire assets of the Corporation available for distribution shall be distributed to the holders of the Series A Preferred Stock, Series B Preferred Stock, Series C Preferred Stock, Series D Preferred Stock, Series E Preferred Stock, and Series F Preferred Stock ratably according to the respective amounts which would be payable in respect of the shares of Series A Preferred Stock, Series B Preferred Stock, Series C Preferred Stock, Series D Preferred Stock, Series E Preferred Stock, and Series F Preferred Stock held by them upon such distribution if all amounts payable on or with respect to said shares were paid in full.
(ii) After setting apart or paying in full the preferential amounts due the holders of the Preferred Stock pursuant to Article FOURTH, Section 2(a)(i), the remaining assets of the Corporation available for distribution t...
Preference on Liquidation. (1) In the event of any liquidation, dissolution or winding up of the corporation, the holders of Series B Preferred Shares then outstanding shall be entitled to be paid out of the assets of the corporation available for distribution to its stockholders, whether from capital, surplus or earnings, before any payment shall be made in respect of the corporation's Common Shares or junior stock, an amount equal to Ten Dollars ($10.00) per share less an amount equal to the dividends, if any, paid thereon pursuant to subdivision (b) above. If, upon liquidation, dissolution or winding up of the corporation, the assets of the corporation available for the distribution to its shareholders shall be insufficient to pay the holders of the Series B Preferred Shares an amount equal to Ten Dollars ($10.00) per share, less an amount equal to the dividends, if any, declared thereon, the holders of the Series B Preferred Shares shall share ratably in any distribution of assets according to the respective amounts which would be payable in respect of the shares held by them upon such distribution if all amounts payable on or with respect to said shares were paid in full. After the holders of Series B Preferred Shares have received an amount equal to Ten Dollars ($10.00) per share less an amount equal to the dividends, if any, declared thereon, the assets then remaining shall be distributed equally per share to the holders of Series A and C Preferred Shares, and then any remaining assets to the holders of Common Shares.
(2) A reorganization, consolidation or merger of the corporation with or into any other corporation or corporations, or a sale of all or substantially all of the assets of the corporation, shall not be deemed to be a liquidation, dissolution or winding up of the corporation as those terms are used in this subdivision (b) and, in the event of any such reorganization, consolidation, merger of sale of assets, the Series B Preferred Shares shall be entitled only to the rights provided in the plan of reorganization of the Colorado Corporations Code.
Preference on Liquidation. (a) In the event of any voluntary or involuntary liquidation, dissolution or winding up of the Corporation, the assets and funds of the Corporations shall be distributed as follows: First, the holders of shares of the Series A Preferred Stock, Series B Preferred Stock and Series C Preferred Stock then outstanding shall be entitled to be paid, out of the assets of the Corporation available for distribution to its shareholders, whether from capital, surplus or earnings, before any payment shall be made in respect of the Corporation's common stock, an amount equal to $1.00 for each outstanding share of Series A Preferred Stock, $3.00 for each outstanding share of Series B Preferred Stock, and $5.60 for each outstanding share of Series C Preferred Stock plus all declared and unpaid dividends with respect to each such series to the date fixed for distribution. After setting apart or paying in full the preferential amount due the holders of the Series A Preferred Stock, Series B Preferred Stock and Series C Preferred Stock, all remaining assets and funds of the Corporation available for distribution to its shareholders shall be distributed ratably on a per share basis among the holders of common stock, the holders of Series A Preferred Stock, the holders of Series B Preferred Stock, and the holders of the Series
Preference on Liquidation. In the event of any voluntary or involuntary liquidation, distribution of assets (other than the payment of dividends), dissolution or winding-up of the Company, Series A Convertible Preferred Stock shall have no preferential rights to the Company’s common stock (the “common stock”), and shall share in liquidation proceeds with the common stock on an as converted basis.
Preference on Liquidation. The holders of shares of Preferred Stock then outstanding shall be entitled to a liquidation preference equal to their total unreturned capital contributions as Class 1 Members. If upon liquidation the assets of the Corporation available for the distribution to its shareholders shall be insufficient to pay the holders of the Preferred Stock such liquidation price, the holders of the Preferred Stock shall share ratably in any distribution of assets.
Preference on Liquidation. In the event of any liquidation, dissolution or winding up of the Corporation, the holders of Series C Preferred Stock then outstanding shall be entitled to a preference of Stated Value and accrued dividends payable out of the assets of the Company available for distribution, subordinated to the Preferred Shares previously issued but superior to the Company’s Common Stock.
Preference on Liquidation. (i) In the event of any liquidation, dissolution or winding up of the Corporation, either voluntary or involuntary, the holders of the Series A Stock shall be entitled to receive, prior and in preference to any distribution of any of the assets or surplus funds of the Corporation to the holders of the Common Stock or any other class or series of stock of the Corporation, an amount equal to two dollars ($2.00) per share (as adjusted for any stock dividends, combinations or splits, reclassifications or the like with respect to such shares) plus all accrued, accumulated or declared but unpaid dividends on each share of Series A Stock held by such holders. If upon the occurrence of any liquidation, dissolution or winding up of the Corporation, either voluntary or involuntary, the assets and funds to be distributed among the holders of Series A Stock shall be insufficient to permit the payment to such holders of the full aforesaid preferential amount, the entire assets and funds of the Corporation legally available for distribution shall be distributed ratably among the holders of the Series A Stock in proportion to the preferential amount each such holder is otherwise entitled to receive.
(ii) After payment to the holders of the Series A Stock of the amount set forth in subsection (i), the entire remaining assets and funds of the Corporation legally
Preference on Liquidation. Upon any voluntary or involuntary liquidation, dissolution or winding up of the affairs of the Partnership, before any payment or distribution shall be made with respect to the Common Limited Partnership Interests, the holders of Series T-1 Interests shall be entitled to receive timberlands from the Partnership with a Fair Market Value equal to the Redemption and Liquidation Price. The selection of timberlands to be distributed to the holders of the Series T-1 Interest pursuant to this Section 6(a) shall be made by the General Partner in its reasonable discretion but in any event subject to the appraisal procedure set forth in the definition of “Fair Market Value” set forth in Section 1 and without discrimination against any particular series or class of Preferred Limited Partnership Interests.
