Common use of Whenever Clause in Contracts

Whenever. a compromise or arrangement is proposed between the corporation and its creditors or any class of them and/or between the corporation and its stockholders or any class of them, any court of equitable jurisdiction within the State of Delaware may, on the application in a summary way of the corporation or of any creditor or stockholder thereof or on the application of any receivers appointed for the corporation under the provisions of section 291 of Title 8 of the Delaware Code or on the application of trustees in dissolution or of any receiver or receivers appointed for the corporation under the provisions of section 279 of Title 8 of the Delaware Code order a meeting of the creditors or class of creditors, and/or the stockholders or class of stockholders of the corporation, as the case may be, to be summoned in such manner as the said court directs. If a majority, in number representing three-fourths in value of the creditors or class of creditors, and/or of the stockholders or class of stockholders of the corporation, as the case may be, agree to any compromise or arrangement and to any reorganization of this corporation as consequence of such compromise or arrangement, the said compromise or arrangement and the said reorganization shall if sanctioned by the court to which the said application has been made, be binding on all the creditors or class of creditors, and/or on all the stockholders or class of stockholders, of the corporation, as the case may be, and also on the corporation.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Aerogen Inc), Stock Purchase Agreement (Aerogen Inc)

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Whenever. a compromise or arrangement is proposed between the this corporation and its creditors or any class of them and/or between the this corporation and its stockholders or any class of them, any court of equitable jurisdiction within the State of Delaware may, on the application in a summary way of the this corporation or of any creditor or stockholder thereof or on the application of any receiver or receivers appointed for the this corporation under the provisions of section Section 291 of Title 8 of the Delaware Code or on the application of trustees in dissolution or of any receiver or receivers appointed for the this corporation under the provisions of section Section 279 of Title 8 of the Delaware Code Code, order a meeting of the creditors or class of creditors, creditors and/or of the stockholders or class of stockholders of the this corporation, as the case may be, to be summoned in such manner as the said court directs. If a majority, majority in number representing three-fourths in value of the creditors or class of creditors, and/or of the stockholders or class of stockholders of the this corporation, as the case may be, agree to any compromise or arrangement and to any reorganization of this corporation as consequence of such compromise or arrangement, the said compromise or arrangement and the said reorganization shall shall, if sanctioned by the court to which the said application has been made, be binding on all the creditors or class of creditors, and/or on all the stockholders or class of stockholders, of the this corporation, as the case may be, and also on the this corporation.

Appears in 2 contracts

Samples: Merger Agreement (Hirsch International Corp), Merger Agreement (Hirsch International Corp)

Whenever. a compromise or arrangement is proposed between the corporation and its creditors or any class of them and/or between the corporation and its stockholders or any class of them, any court of equitable jurisdiction within the State of Delaware may, on the application in a summary way of the corporation or of any creditor or stockholder thereof or on the application of any receivers appointed for the corporation under the provisions of section 291 of Title 8 of the Delaware Code or on the application of trustees in dissolution or of any receiver or receivers appointed for the corporation under the provisions of section ruction 279 of Title 8 of the Delaware Code order a meeting of the creditors or class of creditors, and/or the stockholders or class of stockholders of the corporation, as the case may be, to be summoned in such manner as the said court directs. If a majority, in number representing three-fourths in value of the creditors or class of creditors, and/or of the stockholders or class of stockholders of the corporation, as the case may be, agree to any compromise or arrangement and to any reorganization of this corporation as consequence of such compromise or arrangement, the said compromise or arrangement and the said reorganization shall if sanctioned by the court to which the said application has been made, be binding on all the creditors or class of creditors, and/or on all the stockholders or class of stockholders, of the corporation, as the case may be, and also on the corporation.

Appears in 1 contract

Samples: Stock Purchase Agreement (Aerogen Inc)

Whenever. a compromise or arrangement is proposed between the this corporation and its creditors or any class of them and/or between the this corporation and its stockholders or any class of them, any court of equitable jurisdiction within the State of Delaware may, on the application in a summary way of the this corporation or of any creditor or stockholder thereof or on the application of any receiver or receivers appointed for the this corporation under the provisions of section §291 of Title 8 of the Delaware Code or on the application of trustees in dissolution or of any receiver or receivers appointed for the this corporation under the provisions of section § 279 of Title 8 of the Delaware Code order a meeting of the creditors or class of creditors, and/or of the stockholders or class of stockholders of the this corporation, as the case may be, to be summoned in such manner as the said court directs. If a majority, majority in number representing three-fourths in value of the creditors or class of creditors, and/or of the stockholders or class of stockholders of the this corporation, as the case may be, agree to any compromise or arrangement and to any reorganization of this corporation as consequence of such compromise or arrangement, the said compromise or arrangement and the said reorganization shall shall, if sanctioned by the court to which the said application has been made, be binding on all the creditors or class of creditors, and/or on all the stockholders or class of stockholders, of the this corporation, as the case may be, and also on the this corporation.

Appears in 1 contract

Samples: Merger Agreement (Victory Acquisition Corp)

Whenever. a compromise or arrangement is proposed between the this corporation and its creditors or any class of them and/or between the this corporation and its stockholders or any class of them, any court of equitable jurisdiction within the State of Delaware may, on the application in a summary way of the this corporation or of any creditor or stockholder thereof or on the application of any receiver or receivers appointed for the this corporation under the provisions of section 291 of Title 8 of the Delaware Code or on the application of trustees in dissolution or of any receiver or receivers appointed for the this corporation under the provisions of section 279 of Title 8 of the Delaware Code Code, order a meeting of the creditors or class of creditors, creditors and/or of the stockholders or class of stockholders of the this corporation, as the case may be, to be summoned in such manner as the said court directs. If a majority, majority in number representing three-fourths in value of the creditors or class of creditors, creditors and/or of the stockholders or class of stockholders of the this corporation, as the case may be, agree to any compromise or arrangement and to any reorganization of this corporation as consequence of such compromise or arrangement, the said compromise or arrangement and the said reorganization shall shall, if sanctioned by the court to which the said application has been made, be binding on all the creditors or class of creditors, and/or on all the stockholders or class of stockholders, of the this corporation, as the case may be, and also on the this corporation.

Appears in 1 contract

Samples: Merger Agreement (Metal Management Inc)

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Whenever. a compromise or arrangement is proposed between the this corporation and its creditors or any class of them and/or between the this corporation and its stockholders or any class of them, any court of equitable jurisdiction within the State of Delaware may, on the application in a summary way of the this corporation or of any creditor or stockholder thereof or on the application of any receiver or receivers appointed for the this corporation under the provisions of section Section 291 of Title 8 of the Delaware Code DGCL or on the application of trustees in dissolution or of any receiver or receivers appointed for the this corporation under the provisions of section Section 279 of Title 8 of the Delaware Code DGCL, order a meeting of the creditors or class of creditors, creditors and/or of the stockholders or class of stockholders of the this corporation, as the case may be, to be summoned in such manner as the said court directs. If a majority, majority in number representing three-fourths in value of the creditors or class of creditors, and/or of the stockholders or class of stockholders of the this corporation, as the case may be, agree to any compromise or arrangement and to any reorganization of this corporation as consequence of such compromise or arrangement, the said compromise or arrangement and the said reorganization shall shall, if sanctioned by the court to which the said application has been made, be binding on all the creditors or class of creditors, and/or on all the stockholders or class of stockholders, of the this corporation, as the case may be, and also on the this corporation.

Appears in 1 contract

Samples: Merger Agreement (Longboard Pharmaceuticals, Inc.)

Whenever. a compromise or arrangement is proposed between the corporation Corporation and its creditors or any class of them and/or between the corporation Corporation and its stockholders or any class of them, any court of equitable jurisdiction within the State of Delaware may, on the application in a summary way of the corporation Corporation or of any creditor or stockholder thereof or on the application of any receive or receivers appointed for the corporation Corporation under the provisions of section Section 291 of Title 8 of the Delaware Code or on the application of trustees in dissolution or of any receiver or receivers appointed for the corporation Corporation under the provisions of section Section 279 of Title 8 of the Delaware Code order a meeting of the creditors or class of creditors, and/or of the stockholders or class of stockholders of the corporationCorporation, as the case may be, to be summoned in such manner as the said court directs. If a majority, majority in number representing three-fourths in value of the creditors or class of creditors, and/or of the stockholders or class of stockholders of the corporationCorporation, as the case may be, agree to any compromise or arrangement and to any reorganization of this corporation the Corporation as consequence of such compromise or arrangement, the said compromise or arrangement and the said reorganization shall shall, if sanctioned by the court to which the said application has been made, be binding on all the creditors or class of creditors, and/or on all the stockholders or class of stockholders, of the corporationCorporation, as the case may be, and also on the corporationCorporation.

Appears in 1 contract

Samples: Consolidation Agreement (Medical Assurance Inc)

Whenever. a compromise or arrangement is proposed between the corporation Corporation and its creditors or any class of them and/or between the corporation Corporation and its stockholders or any class of them, any court of equitable jurisdiction within the State of Delaware may, on the application in a summary way of the corporation Corporation or of any creditor or stockholder thereof or on the application of any receiver or receivers appointed for the corporation Corporation under the provisions of section 291 of Title 8 of the Delaware Code or on the application of trustees in dissolution or of any receiver or receivers appointed for the corporation Corporation under the provisions of section 279 of Title 8 of the Delaware Code order a meeting of the creditors or class of creditors, and/or of the stockholders or class of stockholders of the corporationCorporation, as the case may be, to be summoned in such manner as the said court directs. If a majority, majority in number representing three-fourths in value of the creditors or class of creditors, and/or of the stockholders or class of stockholders of the corporationCorporation, as the case may be, agree to any compromise or arrangement and to any reorganization of this corporation the Corporation as a consequence of such compromise or arrangement, the said compromise or arrangement and of the said reorganization shall shall, if sanctioned by the court to which the said application has been made, be binding on all the creditors or class of creditors, and/or on all the stockholders or class of stockholders, of the corporationCorporation, as the case may be, and also on the corporationCorporation.

Appears in 1 contract

Samples: Stock Purchase Agreement (Comdial Corp)

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