Common use of Rights on Liquidation, Dissolution, Winding-Up Clause in Contracts

Rights on Liquidation, Dissolution, Winding-Up. a. With respect to rights on Liquidation, the Series A Preferred Stock shall rank (x) pari passu with the Series B and Series D Preferred Stock, (y) senior and prior to the Series C Preferred Stock and Series E Preferred Stock (but only to the extent provided in this Section A.4) and (z) senior and prior to the Common Stock and to all other classes or series of stock issued by the Corporation, except in the case of a change in the relative ranking upon Liquidation of the Series A, Series B and Series D Preferred Stock, as otherwise approved by the affirmative vote or consent of the holders of 75% of the issued and outstanding shares of Series A, Series B and Series D Preferred Stock voting together.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Diversa Corp), Stock Purchase Agreement (Diversa Corp)

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Rights on Liquidation, Dissolution, Winding-Up. a. With respect to rights on Liquidation, the Series A B Preferred Stock shall rank (x) pari passu with the Series B A and Series D Preferred Stock, (y) senior and prior to the Series C Preferred Stock and Series E Preferred Stock (but only to the extent provided in this Section A.4B.4) and (z) senior and prior to the Common Stock and to all other classes or series of stock issued by the Corporation, except in the case of a change in the relative ranking upon Liquidation of the Series A, Series B and Series D Preferred Stock, as otherwise approved by the affirmative vote or consent of the holders of 75% of the issued and outstanding shares of Series A, Series B and Series D Preferred Stock voting together.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Diversa Corp), Stock Purchase Agreement (Diversa Corp)

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Rights on Liquidation, Dissolution, Winding-Up. a. With respect to rights on Liquidation, the Series A D Preferred Stock shall rank (x) pari passu with the Series B A and Series D B Preferred Stock, (y) senior and prior to the Series C Preferred Stock and Series E Preferred Stock (but only to the extent provided in this Section A.4D.4) and (z) senior and prior to the Common Stock and to all other classes or series of stock issued by the Corporation, except in the case of a change in the relative ranking upon Liquidation of the Series A, Series B and Series D Preferred Stock, as otherwise approved by the affirmative vote or consent of the holders of 75% of the issued and outstanding shares of Series A, Series B and Series D Preferred Stock voting together.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Diversa Corp), Stock Purchase Agreement (Diversa Corp)

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