Survivor Common Stock definition

Survivor Common Stock with respect to any Person shall mean any shares of such Person of any class or series which has no preference or priority in the payment of dividends or in the distribution of assets upon any voluntary or involuntary liquidation, dissolution or winding up of such Person and which is not subject to redemption by such Person; provided, however, that if at any time there shall be more than one such class or series, the shares of each such class and series issuable upon conversion of the Series E Preferred Stock then being converted shall be substantially in the proportion to the total number of shares of each such class and series.

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Survivor Common Stock with respect to any Person shall mean shares of such Person of any class or series which has no preference or priority in the payment of dividends or in the distribution of assets upon any voluntary or involuntary liquidation, dissolution or winding up of such Person and which is not subject to redemption by such Person provided, however, that if (x) the shares of such class or series are not (or upon consummation of such Transaction will not be) listed on the New York Stock Exchange or the American Stock Exchange or quoted by the NASDAQ National Market System or any successor thereto or comparable system, and (y) the Surviving Person is a direct or indirect subsidiary of a Qualified Person, the Survivor Common Stock shall be the common stock (or equivalent equity

Survivor Common Stock with respect to any Person shall mean any shares of such Person of any class or series which has no preference or priority in the payment of dividends or in the distribution of assets upon any voluntary or involuntary liquidation, dissolution or winding up of such Person and which is not subject to redemption by such Person; provided, however, that if at any time there shall be more than one such class or series, the shares of each such class and series issuable upon conversion of the Series D Preferred Stock then being converted shall be substantially in the proportion to the total number of shares of each such class and series.

Examples of Survivor Common Stock in a sentence

• At the EVI Effective Time, by virtue of the EVI Merger and without any action on the part of any Person, each share of common stock, $.0001 par value, of Merger Sub E (the “Merger Sub E Stock”) issued and outstanding immediately prior to the EVI Effective Time shall be converted into and become one fully paid and nonassessable share of EVI Survivor Common Stock, with the same rights, powers and privileges of the shares so converted.

• At the MTI Effective Time, by virtue of the MTI Merger and without any action on the part of any Person, each share of common stock, $.0001 par value, of Merger Sub M (the “Merger Sub M Stock”) issued and outstanding immediately prior to the MTI Effective Time shall be converted into and become one fully paid and nonassessable share of MTI Survivor Common Stock, with the same rights, powers and privileges of the shares so converted.

• No fractional shares of Survivor Common Stock shall be issued in the Merger.

• Any shares of First Northern Common Stock that are owned by First Northern or any First Northern Subsidiary, except in a fiduciary capacity, at the Effective Time shall be canceled and retired and cease to exist and no cash or shares of Survivor Common Stock shall be issued or delivered in exchange therefor.

• Notwithstanding any other provision of this Agreement, the Form of Election and the Letter of Transmittal may, at the option of Survivor, provide for the ability of a holder of one or more First Northern Certificates to elect that Survivor Common Stock to be received in exchange for the First Northern Common Stock formerly represented by such surrendered First Northern Certificates be issued in uncertificated form.

More Definitions of Survivor Common Stock

Survivor Common Stock means the Common Stock, $.01 par value, of Survivor after the Merger.

Survivor Common Stock with respect to any Surviving Person shall mean any shares of such Surviving Person of any class or series which has no preference or priority in the payment of dividends or in the distribution of assets upon any voluntary or involuntary liquidation, dissolution or winding up of such Surviving Person and which is not subject to redemption by such Surviving Person; provided, however, that if at any time there shall be more than one such class or series, the shares of each such class and series issuable upon conversion of the Class B Stock then being converted shall be substantially in the proportion to the total number of shares of each such class and series.

Survivor Common Stock with respect to any Person shall mean shares of such Person of any class or series which has no preference or priority in the payment of dividends or in the distribution of assets upon any voluntary or involuntary liquidation, dissolution or winding

Survivor Common Stock with respect to any Surviving Person shall mean any shares of such Surviving Person of any class or series which has no preference or priority in the payment

Survivor Common Stock with respect to any Person shall mean shares of such Person of any class or series which has no preference or priority in the payment of dividends or in the distribution of assets upon any voluntary or involuntary liquidation, dissolution or winding up of such Person and which is not subject to redemption by such Person provided, however; that if (x) the

Survivor Common Stock means the common stock of Inteuro.

Survivor Common Stock means the common stock of the Surviving Corporation with no par value.