Common use of Dissolution or Winding Up Clause in Contracts

Dissolution or Winding Up. Upon any voluntary or involuntary liquidation, dissolution or winding up of the Company, no distributions shall be made (i) to the holders of shares of junior stock unless the holders of Series A Preferred Stock shall have received, subject to adjustment as hereinafter provided in paragraph (B), the greater of either (a) $100.00 per share plus an amount equal to accrued and unpaid dividends and distributions thereon, whether or not declared, to the date of such payment, or (b) an amount per share equal to 100 times the aggregate per share amount to be distributed to holders of shares of Common Stock, or (ii) to the holders of shares of parity stock, unless simultaneously therewith distributions are made ratably on shares of Series A Preferred Stock and all other shares of such parity stock in proportion to the total amounts to which the holders of shares of Series A Preferred Stock are entitled under clause (i)(a) of this Sentence and to which the holders of shares of such parity stock are entitled, in each case, upon such liquidation, dissolution or winding up.

Appears in 1 contract

Sources: Rights Agreement (Oge Energy Corp)

Dissolution or Winding Up. Upon any voluntary or involuntary liquidation, dissolution or winding winding-up of the CompanyCorporation, no distributions distribution shall be made (i) to the holders of shares of junior stock unless the holders of Units of Series A Preferred Stock shall have received, subject to adjustment as hereinafter provided in paragraph (B), the greater of either (a) $100.00 0.01 per share Unit plus an amount equal to accrued and unpaid dividends and distributions thereon, whether or not earned or declared, to the date of such payment, or (b) an the amount per share equal to 100 times the aggregate per share amount to be distributed to holders of shares of Common Stock, or (ii) to the holders of shares of parity stock, unless simultaneously therewith distributions are made ratably on shares Units of Series A Preferred Stock and all other shares of such parity stock in proportion to the total amounts to which the holders of shares Units of Series A Preferred Stock are entitled under clause (i)(a) of this Sentence sentence and to which the holders of shares of such parity stock are entitled, in each case, case upon such liquidation, dissolution or winding winding-up.

Appears in 1 contract

Sources: Shareholder Rights Agreement (Dycom Industries Inc)