Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 6, the merger or consolidation of the Corporation with any other corporation or other entity, including a merger or consolidation in which the Holders receive cash, securities or other property for their shares of Series D Preferred Stock, or the sale, lease or exchange (for cash, securities or other property) of all or substantially all of the assets of the Corporation, shall not constitute a liquidation, dissolution or winding up of the affairs of the Corporation but instead shall constitute a Reorganization Event pursuant to Section 11(e).
Appears in 3 contracts
Sources: Purchase Agreement (Comstock Mining Inc.), Purchase Agreement (Comstock Mining Inc.), Purchase Agreement (Comstock Mining Inc.)
Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 6, the merger or consolidation of the Corporation with any other corporation or other entityPerson, including a merger or consolidation in which the Holders holders of Series B-1 12.75% Preferred Stock receive cash, securities or other property for their shares of Series D Preferred Stockshares, or the sale, lease or exchange (for cash, securities or other property) of all or substantially all of the assets of the Corporation, shall not constitute a liquidation, dissolution or winding up of the affairs Corporation, but shall instead be subject to the provisions of the Corporation but instead shall constitute a Reorganization Event pursuant to Section 11(e)10.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Babcock & Wilcox Co), Securities Purchase Agreement (Usec Inc)
Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 65, the merger or consolidation of the Corporation with any other corporation or other entity, including a merger or consolidation in which the Holders holders of Series B Preferred Stock receive cash, securities or other property for their shares of Series D Preferred Stockshares, or the sale, lease or exchange (for cash, securities or other property) of all or substantially all of the assets of the Corporation, shall not be deemed to constitute a liquidation, dissolution or winding up of the affairs of the Corporation Corporation, but instead shall constitute a Reorganization Event pursuant be subject to the provisions of Section 11(e)7.
Appears in 2 contracts
Sources: Loan and Security Agreement (Image Entertainment Inc), Securities Purchase Agreement (Image Entertainment Inc)
Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 6, the merger or consolidation of the Corporation with any other corporation or other entity, including a merger or consolidation in which the Holders holders of Series [B] Preferred Stock receive cash, securities or other property for their shares of Series D Preferred Stockshares, or the sale, lease or exchange (for cash, securities or other property) of all or substantially all of the assets of the Corporation, shall not constitute a liquidation, dissolution or winding up of the affairs of the Corporation but instead shall constitute a Reorganization Event pursuant to Section 11(e)Corporation.
Appears in 2 contracts
Sources: Stock Purchase Agreement (American International Group Inc), Stock Purchase Agreement (Metlife Inc)
Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 6IX, the merger or consolidation of the Corporation with any other corporation or other entity, including a merger or consolidation in which the Holders receive cash, securities or other property for their shares of Series D A-1 Preferred Stock, or the sale, lease or exchange (for cash, securities or other property) of all or substantially all of the assets of the Corporation, shall not constitute a liquidation, dissolution or winding up of the affairs of the Corporation but instead shall constitute a Reorganization Event pursuant to Section 11(e)Corporation.
Appears in 2 contracts
Sources: Securities Purchase Agreement (SKYX Platforms Corp.), Securities Purchase Agreement (SKYX Platforms Corp.)
Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 6, the merger or consolidation of the Corporation with any other corporation or other entity, including a merger or consolidation in which the Holders holders of Series [C] Preferred Stock receive cash, securities or other property for their shares of Series D Preferred Stockshares, or the sale, lease or exchange (for cash, securities or other property) of all or substantially all of the assets of the Corporation, shall not constitute a liquidation, dissolution or winding up of the affairs of the Corporation but instead shall constitute a Reorganization Event pursuant to Section 11(e)Corporation.
Appears in 2 contracts
Sources: Stock Purchase Agreement (American International Group Inc), Stock Purchase Agreement (Metlife Inc)
Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 6, the merger or consolidation of the Corporation with any other corporation or other entityPerson, including a merger or consolidation in which the Holders holders of Series B-2 11.5% Preferred Stock receive cash, securities or other property for their shares of Series D Preferred Stockshares, or the sale, lease or exchange (for cash, securities or other property) of all or substantially all of the assets of the Corporation, shall not constitute a liquidation, dissolution or winding up of the affairs Corporation, but shall instead be subject to the provisions of the Corporation but instead shall constitute a Reorganization Event pursuant to Section 11(e)10.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Babcock & Wilcox Co), Securities Purchase Agreement (Usec Inc)
Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 67, the merger or consolidation of the Corporation with any other corporation or other entityPerson, including a merger or consolidation in which the Holders holders of Series C Preferred Stock receive cash, securities or other property for their shares of Series D Preferred Stockshares, or the sale, lease or exchange (for cash, securities or other property) of all or substantially all of the assets of the Corporation, shall not constitute a liquidation, dissolution or winding up of the affairs Corporation, but shall instead be subject to the provisions of the Corporation but instead shall constitute a Reorganization Event pursuant to Section 11(e)9.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Babcock & Wilcox Co), Securities Purchase Agreement (Usec Inc)
Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 610, the merger or consolidation of the Corporation with any other corporation or other entity, including a merger or consolidation in which the Holders of shares of Series B Preferred Stock receive cash, securities or other property for their shares of Series D Preferred Stockshares, or the sale, lease lease, or exchange (for cash, securities or other property) or pledge of all or substantially all of the assets of the Corporation, shall not constitute a liquidation, dissolution or winding up of the affairs of the Corporation but instead shall constitute a Reorganization Event pursuant to Section 11(e)Corporation.
Appears in 1 contract
Sources: Securities Purchase Agreement (Blue Ridge Bankshares, Inc.)
Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 611, the merger or consolidation of the Corporation with any other corporation or other entity, including a merger or consolidation in which the Holders of shares of Series C Preferred Stock receive cash, securities or other property for their shares of Series D Preferred Stockshares, or the sale, lease lease, or exchange (for cash, securities or other property) or pledge of all or substantially all of the assets of the Corporation, shall not constitute a liquidation, dissolution or winding up of the affairs of the Corporation but instead shall constitute a Reorganization Event pursuant to Section 11(e)Corporation.
Appears in 1 contract
Sources: Investment Agreement (Seacoast Banking Corp of Florida)
Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 610, the merger or consolidation of the Corporation with any other corporation or other entity, including a merger or consolidation in which the Holders of shares of Series C Preferred Stock receive cash, securities or other property for their shares of Series D Preferred Stockshares, or the sale, lease lease, or exchange (for cash, securities or other property) or pledge of all or substantially all of the assets of the Corporation, shall not constitute a liquidation, dissolution or winding up of the affairs of the Corporation but instead shall constitute a Reorganization Event pursuant to Section 11(e)Corporation.
Appears in 1 contract
Sources: Securities Purchase Agreement (Blue Ridge Bankshares, Inc.)
Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 611, the merger or consolidation of the Corporation with any other corporation or other entity, including a merger or consolidation in which the Holders of shares of Series B Preferred Stock receive cash, securities or other property for their shares of Series D Preferred Stockshares, or the sale, lease lease, or exchange (for cash, securities or other property) or pledge of all or substantially all of the assets of the Corporation, shall not constitute a liquidation, dissolution or winding up of the affairs of the Corporation but instead shall constitute a Reorganization Event pursuant to Section 11(e)Corporation.
Appears in 1 contract
Sources: Investment Agreement (Seacoast Banking Corp of Florida)
Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 65, the merger or consolidation of the Corporation with any other corporation or other entity, including a merger or consolidation in which the Holders holders of Designated Preferred Stock receive cash, securities or other property for their shares of Series D Preferred Stockshares, or the sale, lease or exchange (for cash, securities or other property) of all or substantially all of the assets of the Corporation, shall not constitute a liquidation, dissolution or winding up of the affairs of the Corporation but instead shall constitute a Reorganization Event pursuant to Section 11(e)Corporation.
Appears in 1 contract
Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 6, the merger or consolidation of the Corporation with any other corporation or other entity, including a merger or consolidation in which the Holders receive cash, securities or other property for their shares of Series D A Preferred Stock, or the sale, lease or exchange (for cash, securities or other property) of all or substantially all of the assets of the Corporation, shall not constitute a liquidation, dissolution or winding up of the affairs of the Corporation but instead shall constitute a Reorganization Event pursuant to Section 11(e).
Appears in 1 contract