Common use of Dissolution, Liquidation or Winding Up Clause in Contracts

Dissolution, Liquidation or Winding Up. In the event of any dissolution, liquidation or winding up of the affairs of the Corporation, after distribution in full of the preferential amounts, if any, to be distributed to the holders of shares of the Preferred Stock, holders of Common Stock shall be entitled, unless otherwise provided by law or this Certificate of Incorporation, to receive all of the remaining assets of the Corporation of whatever kind available for distribution to stockholders ratably in proportion to the number of shares of Common Stock held by them respectively.

Appears in 4 contracts

Sources: Asset Purchase Agreement (Central Iowa Energy, LLC), Merger Agreement (Blackhawk Biofuels, LLC), Agreement and Plan of Merger (Blackhawk Biofuels, LLC)

Dissolution, Liquidation or Winding Up. In the event of any dissolution, liquidation or winding up of the affairs of the Corporationthis corporation or any Reorganization Event, after distribution in full of the preferential amounts, if any, to be distributed to the holders of shares of the Preferred Stock, holders of Common Stock shall be entitled, unless otherwise provided by law or this Certificate of Incorporation, entitled to receive all participate in any distribution of the remaining assets of the Corporation this corporation in accordance with Section 2 of whatever kind available for distribution to stockholders ratably in proportion to the number of shares of Common Stock held by them respectivelyArticle IV, Division B hereof.

Appears in 2 contracts

Sources: License Agreement (Chimerix Inc), License Agreement (Chimerix Inc)

Dissolution, Liquidation or Winding Up. In Upon the event of any dissolution, liquidation or winding up of the affairs of the Corporation, after distribution in full of subject to the preferential amountsrights, if any, to be distributed to of the holders of shares any outstanding series of the Preferred Stock, the holders of the Common Stock shall be entitled, unless otherwise provided by law or this Certificate of Incorporation, entitled to receive all of the remaining assets of the Corporation of whatever kind available for distribution to its stockholders ratably in proportion to the number of shares of Common Stock held by them respectivelythem.

Appears in 2 contracts

Sources: Agreement and Plan of Merger (Ikonics Corp), Master Purchase and Sale Agreement (Adma Biologics, Inc.)

Dissolution, Liquidation or Winding Up. In the event of any dissolution, liquidation or winding up of the affairs of the Corporation, after distribution in full of the preferential amounts, if any, to be distributed to the holders of shares of the outstanding Preferred Stock, holders of the Common Stock shall be entitled, unless otherwise provided by law or this Certificate of Incorporationlaw, to receive all of the remaining assets of the Corporation of whatever kind available for distribution to stockholders ratably in proportion to the number of shares of Common Stock held by them respectively.

Appears in 1 contract

Sources: Business Combination Agreement (InterPrivate Acquisition Corp.)

Dissolution, Liquidation or Winding Up. In the event of any dissolution, liquidation or winding up of the affairs of the Corporation, whether voluntary or involuntary, after distribution in full of the preferential amounts, if any, to be distributed to the holders of shares of the Preferred Stock, if any, the assets and funds of the Corporation shall be distributed pro rata to the holders of Common Stock shall be entitled, unless otherwise provided by law or this Certificate of Incorporation, to receive all of the remaining assets of the Corporation of whatever kind available for distribution to stockholders ratably in proportion to based on the number of shares of Common Stock held by them respectivelythem.

Appears in 1 contract

Sources: Contribution and Merger Agreement (Renegy Holdings, Inc.)

Dissolution, Liquidation or Winding Up. In the event of any dissolution, liquidation or winding up of the affairs of the Corporationcorporation, after distribution in full of the preferential amounts, if any, to be distributed to the holders of shares of the Preferred Stock, holders of Common Stock shall be entitled, unless otherwise provided by law or this Restated Certificate of Incorporation, to receive all of the remaining assets of the Corporation corporation of whatever kind available for distribution to stockholders ratably in proportion to the number of shares of Common Stock held by them respectively.

Appears in 1 contract

Sources: Stock Purchase Agreement (Deltagen Inc)

Dissolution, Liquidation or Winding Up. In the event of any dissolution, liquidation or winding winding-up of the affairs of the Corporation, after distribution in full of the preferential amounts, if any, to be distributed to the holders of shares of the Preferred Stock, holders of Common Stock shall be entitled, unless otherwise provided by law or this Certificate of Incorporation, to receive all of the remaining assets of the Corporation of whatever kind available for distribution to stockholders ratably in proportion to the number of shares of Common Stock held by them respectivelythem.

Appears in 1 contract

Sources: Collaboration Agreement (Arsanis, Inc.)

Dissolution, Liquidation or Winding Up. In the event of any dissolution, liquidation or winding up of the affairs of the Corporation, after distribution in full of the preferential amounts, if any, to be distributed to the holders of shares of the Preferred Stock, holders of Common Stock Stock, shall be entitled, unless otherwise provided by law or this Restated Certificate of Incorporation, to receive all of the remaining assets of the Corporation of whatever kind available for distribution to stockholders ratably in proportion to the number of shares of Common Stock held by them respectively.

Appears in 1 contract

Sources: Employment Agreement (Dynagen Inc)

Dissolution, Liquidation or Winding Up. In the event of any dissolution, liquidation or winding up of the affairs of the Corporationcorporation, after distribution in full of the preferential amounts, if any, to be distributed to the holders of shares of the Preferred Stock, holders of Common Stock shall be entitled, unless otherwise provided by law or this Certificate of Incorporation, including any certificate of designation for a series of Preferred Stock, to receive all of the remaining assets of the Corporation corporation of whatever kind available for distribution to stockholders ratably in proportion to the number of shares of Common Stock held by them respectivelythem.

Appears in 1 contract

Sources: Merger Agreement (International Microcomputer Software Inc /Ca/)

Dissolution, Liquidation or Winding Up. In the event of any dissolution, liquidation or winding up of the affairs of the Corporation, after distribution in full of the preferential amounts, if any, to be distributed to the holders of shares of the Preferred Stock, holders of Common Stock shall be entitled, unless otherwise provided by law or this Certificate the certificate of Incorporationincorporation of the Corporation, to receive all of the remaining assets of the Corporation of whatever kind available for distribution to stockholders ratably in proportion to the number of shares of Common Stock held by them respectively.

Appears in 1 contract

Sources: Business Combination Agreement (VectoIQ Acquisition Corp.)

Dissolution, Liquidation or Winding Up. In the event of any dissolution, liquidation or winding up of the affairs of the Corporation, after distribution in full of the preferential amountswhether voluntary or involuntary, if any, to be distributed to the holders of shares of the Preferred Stock, holders each issued and outstanding share of Common Stock shall be entitled, unless otherwise provided by law or this Certificate of Incorporation, entitle the holder thereof to receive all an equal portion of the remaining net assets of the Corporation of whatever kind available for distribution to stockholders ratably in proportion to the number of shares holders of Common Stock held by them respectivelyStock, subject to any preferential rights of any then outstanding Preferred Stock.

Appears in 1 contract

Sources: Transaction Agreement (Banco Santander, S.A.)

Dissolution, Liquidation or Winding Up. In the event of any dissolution, liquidation or winding winding-up of the affairs of the Corporation, after distribution in full of the preferential amounts, if any, to be distributed to the holders of shares of the Preferred Stock, holders of Common Stock shall be entitled, unless otherwise provided by law or this Amended and Restated Certificate of Incorporation, to receive all of the remaining assets of the Corporation of whatever kind available for distribution to stockholders ratably in proportion to the number of shares of Common Stock held by them respectivelythem.

Appears in 1 contract

Sources: Loan and Security Agreement (Imprivata Inc)

Dissolution, Liquidation or Winding Up. In the event of any dissolution, liquidation or winding up of the affairs of the Corporation, after distribution in full of the preferential amounts, if any, to be distributed to the holders of shares of the Preferred Stock, holders of Common Stock shall be entitled, unless otherwise provided by law or this Certificate of Incorporation, to receive all of the remaining assets of the Corporation of whatever kind available for distribution to stockholders ratably in proportion to the number of shares of Common Stock held by them respectively.

Appears in 1 contract

Sources: Merger Agreement (Citrix Systems Inc)