Treatment at Liquidation, Dissolution or Winding Up. 3.1.1 In the event of any liquidation, dissolution or winding up of the Corporation, whether voluntary or involuntary, or in the event of its insolvency, before any distribution or payment is made to any holders of Common Stock, or any other class or series of capital stock of the Corporation designated to be junior to the Series A Preferred Stock in liquidation preference, and subject to the liquidation rights and preferences of the Series B Preferred Stock, which shall be pari passu in priority with the Series A Preferred Stock in liquidation rights and preferences, and any other class or series of Preferred Stock designated in the future to be senior to, or on a parity with, the Series A Preferred Stock with respect to liquidation rights and preferences, the holders of each share of Series A Preferred Stock shall be entitled to be paid first out of the assets of the Corporation available for distribution to holders of the Corporation's capital stock of all classes, whether such assets are capital, surplus or earnings ("Available Assets"), the greater of (i) an amount equal to the original issue price per share of Series A Preferred Stock (subject to equitable adjustment for any stock dividend, stock split, combination, reorganization, recapitalization, reclassification or other similar event involving a change in the capital structure of the Preferred Stock) plus all declared but unpaid dividends on each such share, or (ii) such amount per share of Series A Preferred Stock as would have been payable had each share of Preferred Stock which is convertible into Common Stock been so converted immediately prior to such liquidation, dissolution or winding up. If, upon liquidation, dissolution or winding up of the Corporation, the Available Assets shall be insufficient to pay the holders of Series A Preferred Stock, Series B Preferred Stock and any other series of Preferred Stock on parity with the Series A Preferred Stock and Series B Preferred Stock with respect to liquidation rights and preferences, the full amounts to which they otherwise would be entitled, the holders of Series A Preferred Stock, the Series B Preferred Stock and such other series of Preferred Stock shall share ratably in any distribution of Available Assets pro rata in proportion to the respective liquidation preference amounts which would otherwise be payable upon liquidation with respect to the outstanding shares of Series A Preferred Stock, the Series B Preferred Stock and such other s...
Treatment at Liquidation, Dissolution or Winding Up. In the event of any liquidation, dissolution or winding up of the Company, whether voluntary or involuntary (collectively, a "Liquidation"), before any distribution may be made with respect to the Common Stock or any other series of capital stock, holders of each share of Preferred Stock shall be entitled to be paid out of the assets of the Company available for distribution to holders of the Company's capital stock of all classes, whether such assets are capital, surplus, or capital earnings, an amount equal to $30 per share of Preferred Stock (which amount shall be subject to equitable adjustment whenever there shall occur a stock split, combination, reclassification or other similar event involving the Preferred Stock) (the "Liquidation Amount"). If the assets of the Company available for distribution to its shareholders shall be insufficient to pay the holders of shares of Preferred Stock the full amount of the Liquidation Amount to which they shall be entitled, the holders of shares of Preferred Stock shall share ratably in any distribution of assets according to the amounts which would be payable with respect to the shares of Preferred Stock held by them upon such distribution if all amounts payable on or with respect to said shares were paid in full. After the payment of the Liquidation Amount shall have been made in full to the holders of the Preferred Stock or funds necessary for such payment shall have been set aside by the Company in trust for the account of holders of the Preferred Stock so as to be available for such payments, the holders of the Preferred Stock shall be entitled to no further participation in the distribution of the assets of the Company, and the remaining assets of the Company legally available for distribution to its shareholders shall be distributed among the holders of other classes of secur ities of the Company in accordance with their respective terms.
Treatment at Liquidation, Dissolution or Winding Up. In the event of any liquidation, dissolution or winding up of the Company, whether voluntary or involuntary, before any distribution may be made with respect to Common Stock or any other series of capital stock, holders of each share of Series A Preferred Stock shall be entitled to be paid out of the assets of the Company available for distribution to holders of the Company's capital stock of all classes, whether such assets are capital, surplus, or capital earnings, such amount per share of Series A Preferred Stock as would have been payable had each such share been converted into Common Stock immediately prior to such event of liquidation, dissolution or winding up pursuant to the provisions of Section 5 plus all accrued dividends and liquidated damages, if any (collectively, the "Liquidation Amount").
Treatment at Liquidation, Dissolution or Winding Up. In the event of any liquidation, dissolution or winding up of the Company, whether voluntary or involuntary, before any distribution may be made with respect to Common Stock or any other series of capital stock, holders of each share of Series B Preferred Stock shall be entitled to be paid out of the assets of the Company available for distribution to holders of the Company's capital stock of all classes, whether such assets are capital, surplus, or capital earnings, such amount equal to the Purchase Price plus all accrued cash dividends (collectively, the "Liquidation Amount").
Treatment at Liquidation, Dissolution or Winding Up. (i) Except as otherwise provided in Section 1(b) below, in the event of any liquidation, dissolution or winding up of the affairs of the Corporation, whether voluntary or involuntary, the holders of Series A Preferred Stock shall be entitled to be paid first out of the assets of the Corporation available for distribution to holders of the Corporation's capital stock of all classes, before payment or distribution of any of such assets to the holders of the Common Stock or any other class or series of the Corporation's capital stock designated to be junior to the Series A Preferred Stock, an amount equal to $1,000.00 per share of Series A Preferred Stock, which amount shall be subject to equitable adjustment whenever there shall occur a combination of shares, reclassification or other similar event with respect to Series A Preferred Stock (the "Liquidation Amount"), plus all dividends accrued or declared but unpaid, to and including the date full payment shall be tendered.
(ii) If the assets of the Corporation shall be insufficient to permit the payment in full to the holders of Series A Preferred Stock of all amounts distributable to them under Section A1(a)(i) hereof, then the entire assets of the Corporation available for such distribution shall be distributed ratably among the holders of Series A Preferred Stock.
Treatment at Liquidation, Dissolution or Winding Up. A3.1.1 In the event of any liquidation, dissolution or winding up of the Corporation, whether voluntary or involuntary, or in the event of its insolvency, before any distribution or payment is made to any holders of Common Stock or any other class or series of capital stock of the Corporation designated to be junior to the Series A Preferred Stock in liquidation preference, and subject to the liquidation rights and preferences of any class or series of Preferred Stock designated in the future to be senior to, or on a parity with, the Series A Preferred Stock with respect to liquidation preference, the holders of each share of Series A Preferred Stock shall be
Treatment at Liquidation, Dissolution or Winding Up. The Series B Junior Preferred Stock shall be junior to the Series A Preferred Stock with respect to liquidation preference. any class or series of Preferred Stock designated in the future to be on a parity with the Series B Junior Preferred Stock with respect to liquidation preference are collectively referred to herein as "Parity Stock". In the event of any liquidation, dissolution or winding up of the Corporation, whether voluntary or involuntary, or in the event of its insolvency, before any distribution or payment is made to any holders of Common Stock or any other class or series of capital stock of the Corporation designated to be junior to the Series B Junior Preferred Stock in liquidation preference (collectively, "Junior Stock"), and subject to the liquidation rights and preferences of the Series A Preferred Stock and any class or series of Preferred Stock designated in the future to be senior to the Series B Junior Preferred Stock with respect to liquidation preference ("Senior Stock"), the holders of each share of Series B Junior Preferred Stock shall be entitled to be paid first out of the assets of the Corporation available for distribution to holders of the Corporation's capital stock of all classes, whether such assets are capital, surplus or earnings ("Available Assets"), the greater of (i) an amount per share of Series B Junior Preferred Stock equal to $2.00, plus $.20 for each year (pro rated for partial years) from December 31, 1998 until the date of distribution of Available Assets, (subject to equitable adjustment for any stock dividend, stock split, combination, reorganization, recapitalization, reclassification or other similar event involving a change in the capital structure of the Preferred Stock), or (ii) such amount per share of Series B Junior Preferred
Treatment at Liquidation, Dissolution or Winding Up. The Series C Preferred Stock shall be on a parity with the Series A Preferred Stock with respect to liquidation preference. The Series A Preferred Stock, and any class or series of Preferred Stock designated in the future to be on a parity with the Series C Preferred Stock with respect to liquidation preference are collectively referred to herein as "Parity Stock". In the event of any liquidation, dissolution or winding up of the Corporation, whether voluntary or involuntary, or in the event of its insolvency, before any distribution or payment is made to any holders of Common Stock, the Series B Junior Preferred Stock or any other class or series of capital stock of the Corporation designated to be junior to the Series C Preferred Stock in liquidation preference (collectively, "Junior Stock"), and subject to the liquidation rights and preferences of any class or series of Preferred Stock designated in the future to be senior to the Series C Preferred Stock with respect to liquidation preference ("Senior Stock"), the holders of each share of Series C Preferred Stock shall be entitled to be paid first out of
Treatment at Liquidation, Dissolution or Winding Up. (i) In the event of any liquidation, dissolution or winding up of this corporation, whether voluntary or involuntary, holders of each share of Class A Stock shall be entitled to be paid before any sums shall be paid or any assets distributed among the holders of shares of:
Treatment at Liquidation, Dissolution or Winding Up. 3.1.1 In the event of any liquidation, dissolution or winding up of the Corporation, whether voluntary or involuntary, or in the event of its insolvency, before any distribution or payment is made to any holders of Common Stock or any other class or series of capital stock of the Corporation designated to be junior to the Series B Preferred Stock in liquidation preference, and subject to the liquidation rights and preferences of the Series A Preferred Stock, which shall be pari passu in priority with the Series B Preferred. Stock in liquidation rights and preferences, and any other class or series of Preferred Stock designated in the future to be senior to, or on a parity with, the Series B Preferred Stock with respect to liquidation rights and preferences, the holders of each share of
