Common use of Termination upon Merger Clause in Contracts

Termination upon Merger. In the event that (a) the Company merges with or into any other corporation, consolidates with any other corporation, or sells substantially all of its assets and business to another corporation and, in any such case, stockholders of the Company immediately prior to the consummation of the transaction own less than fifty percent (50%) of the outstanding voting securities of the surviving or acquiring corporation immediately after consummation of the transaction, or (b) the inclusion of the Company’s Class A Common Stock (or any other capital stock into which the Class A Common Stock is changed) in the Nasdaq Stock Market is terminated, the Unit Holder shall be paid the amount provided in Paragraph 2 above for all then fully vested unexercised Units then held by him in the manner provided in said Paragraph 2 as if such Grantee had exercised his right and option to be paid for all of such then fully vested Units immediately prior to the effectiveness of such merger or consolidation, consummation of such sale or such termination of inclusion in the Nasdaq Stock Market and all of the Units shall terminate upon such effectiveness, consummation or termination.

Termination upon Merger. In the event that (a) the Company merges with or into any other corporation, consolidates with any other corporation, or sells substantially all of its assets and business to another corporation and, in any such case, stockholders of the Company immediately prior to the consummation of the transaction own less than fifty percent (50%) of the outstanding voting securities of the surviving or acquiring corporation immediately after consummation of the transaction, or (b) the inclusion of the Company’s Class A Common Stock (or any other capital stock into which the Class A Common Stock is changed) in the Nasdaq Stock Market is terminated, the Unit Holder shall be paid the amount provided in Paragraph 2 above for all then fully vested unexercised Units then held by him in the manner provided in said Paragraph 2 as if such Grantee Unit Holder had exercised his right and option to be paid for all of such then fully vested Units immediately prior to the effectiveness of such merger or consolidation, consummation of such sale or such termination of inclusion in the Nasdaq Stock Market and all of the Units shall terminate upon such effectiveness, consummation or termination.

Termination upon Merger. In the event that (ai) the Company merges with or into any other corporation, consolidates with any other corporation, or sells substantially all of its assets and business to another corporation and, in any such case, stockholders of the Company immediately prior to the consummation of the transaction own less than fifty percent (50%) of the outstanding voting securities of the surviving or acquiring corporation immediately after consummation of the transaction, or (bii) the inclusion of the Company’s 's Class A Common Stock (or any other capital stock into which the Class A Common Stock is changed) in the Nasdaq Stock Market is terminated, the Unit Holder shall be paid the amount provided in Paragraph 2 above for all then fully vested unexercised Units then held by him or her in the manner provided in said Paragraph 2 as if such Grantee had exercised his right and option to be paid for all of such then fully vested Units immediately prior to the effectiveness of such merger or consolidation, consummation of such sale or such termination of inclusion in the Nasdaq Stock Market and all of the Units shall terminate upon such effectiveness, consummation or termination.

Termination upon Merger. In the event that (a) the Company merges with or into any other corporation, consolidates with any other corporation, or sells substantially all of its assets and business to another corporation and, in any such case, stockholders of the Company immediately prior to the consummation of the transaction own less than fifty percent (50%) of the outstanding voting securities of the surviving or acquiring corporation immediately after consummation of the transaction, or (b) the inclusion of the Company’s 's Class A Common Stock (or any other capital stock into which the Class A Common Stock is changed) in the Nasdaq Stock Market is terminated, the Unit Holder shall be paid the amount provided in Paragraph 2 above for all then fully vested unexercised Units then held by him in the manner provided in said Paragraph 2 as if such Grantee had exercised his right and option to be paid for all of such then fully vested Units immediately prior to the effectiveness of such merger or consolidation, consummation of such sale or such termination of inclusion in the Nasdaq Stock Market and all of the Units shall terminate upon such effectiveness, consummation or termination.