Surviving Party definition

Surviving Party has the meaning ascribed to such term in Section 3.9(c)

Surviving Party has the meaning set forth in Section 3.8(c).

Surviving Party has the meaning given to such term in Section 3 of this Plan of Merger.

Examples of Surviving Party in a sentence

• To satisfy the continuity of business enterprise requirement, the Surviving Party must either continue a significant line of the acquired corporation’s historic business or use in a business a significant portion of the acquired corporation’s historic business assets.

• A “Voting Agreement” is an agreement between the Passing Holder and the Surviving Party, whereby voting control of the Passing Interest is held by the Surviving Party.

• If any Party for any reason ceases as provided herein to be a Party at any time prior to termination of the Company (“Non-Surviving Party”), and the Company is continued without the Non-Surviving Party, the other Parties (“Surviving Party”) agree that the Documents of the Company up to the date of the termination of the Non-Surviving Party’s interest shall be maintained by the Surviving Party, its successors and assigns, for a period of not less than ten (10) years thereafter.

• The members of each Surviving Party that is a limited liability company who serve in such capacity immediately prior to the Merger Effective Time shall thereafter continue to be the members of such Surviving Party, each to serve in such capacity in accordance with the certificate of formation and limited liability company agreement of such Surviving Party.

• If the Surviving Party is a party to a Voting Agreement and such individual dies, then the provisions of this Section 3.8 shall apply with respect to the Units held by the Passing Holder and its successors, assigns and transferees.

More Definitions of Surviving Party

Surviving Party means the party to a statutory merger or consolidation which remains in existence following the consummation of such merger or consolidation and, in the case of a Reorganization Transaction or Change of Control Transaction that is structured as a merger or consolidation to which the Corporation is a party, may be the Corporation or the entity into or with which the Corporation merges or consolidates.

Surviving Party shall have the meaning set forth in Section 4.3(d).

Surviving Party means, in the case of a Proposed Merger other than of Ellbee Ltd. and Coated Products U.K., the survivor in such Proposed Merger.

Surviving Party has the meaning set forth in Section 6.1.2(b).

Surviving Party means a corporation or entity that is the surviving corporation or other entity in a merger, consolidation, reorganization or other similar transaction that constitutes or results in a Change in Control of the Company.

Surviving Party means, in the case of a Proposed Merger other than of Ellbee Ltd. and Coated Products U.K., the survivor in such Proposed Merger, the term "Consolidated Entity" means, in the case of a Proposed Merger of Ellbee Ltd. and Coated Products U.K., Ellbee Ltd., if it is the purchasing party therein, and Coated Products U.K., if it is the purchasing party therein, and the term "Seller" means Ellbee Ltd., if it is the selling party in a Proposed Merger of Ellbee Ltd. and Coated Products U.K., and Coated Products U.K., if it is the selling party in such a Proposed Merger):

Surviving Party shall have the meaning set forth in Section 5.07(f).