Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 5, the merger or consolidation of the Corporation with any other corporation or other entity, including a merger or consolidation in which the holders of Series A receive cash, securities or other property for their shares, 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 Corporation.
Appears in 1 contract
Sources: Securities Purchase Agreement (Occidental Petroleum Corp /De/)
Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 5Article IV(E), the merger or consolidation of the Corporation with any other corporation or other entity, including a merger or consolidation in which the holders of Series A Preferred Stock receive cash, securities or other property for their shares, 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 Corporation.
Appears in 1 contract
Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 5, the merger or consolidation of the Corporation with any other corporation or other entity, including a merger or consolidation in which the holders of Series A F Preferred receive cash, securities or other property for their shares, 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 Corporation.
Appears in 1 contract
Sources: Securities Purchase Agreement (Wabash National Corp /De)
Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 56, the merger or consolidation of the Corporation with any other corporation or other entity, including a merger or consolidation in which the holders of Series A Preferred Stock receive cash, securities or other property for their shares, 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 Corporation.
Appears in 1 contract
Sources: Agreement and Plan of Merger (Broadway Financial Corp \De\)
Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 5, any binding share exchange or the merger or consolidation of the Corporation with any other corporation or other entityPerson, including a share exchange or a merger or consolidation in which the holders of Series A Preferred Stock receive cash, securities cash or other property for their shares, or the sale, lease or exchange (for cash, securities or other property) sale of all or substantially all of the assets of the Corporation, shall not constitute a liquidation, dissolution or winding up of the Corporation.
Appears in 1 contract
Sources: Credit Agreement (Knight Inc.)
Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 5, the merger or consolidation of the Corporation with any other corporation or other entity, including a merger or consolidation in which the holders of Series A T receive cash, securities or other property for their shares, 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 Corporation.
Appears in 1 contract
Sources: Securities Purchase Agreement (Bank of America Corp /De/)
Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 5, the merger or consolidation of the Corporation with any other corporation or other entity, including a merger or consolidation in which the holders of Series A E receive cash, securities or other property for their shares, 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 Corporation, but shall be governed by Section 7.
Appears in 1 contract
Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 5, the merger or consolidation of the Corporation with any other corporation or other entity, including a merger or consolidation in which the holders of Series A G Preferred receive cash, securities or other property for their shares, 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 Corporation.
Appears in 1 contract
Sources: Securities Purchase Agreement (Wabash National Corp /De)
Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 54, the merger or consolidation of the Corporation with any other corporation or other entity, including a merger or consolidation in which the holders of Series A C Preferred Stock receive cash, securities or other property for their shares, 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 Corporation.
Appears in 1 contract
Sources: Securities Purchase Agreement (Taylor Capital Group Inc)
Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 54, the merger or consolidation of the Corporation with or into any other corporation or other entity, including a merger or consolidation in which the holders of Series A Preferred Stock receive cash, securities or other property for their shares, or the sale, lease or exchange (for cash, securities or other property) of all or substantially all of the assets of the Corporation, shall will not constitute a liquidation, dissolution or winding up of the Corporation.
Appears in 1 contract
Sources: Reorganization Agreement and Plan of Share Exchange (TGR Financial, Inc.)
Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 54, the merger or consolidation of the Corporation with any other corporation or other entity, including a merger or consolidation in which the holders of Series A Holders receive cash, securities or other property for their shares, or the sale, lease or exchange (for cash, securities or other property) of all or substantially all of the assets of the Corporation, shall will not constitute a liquidation, dissolution or winding up of the Corporation.
Appears in 1 contract
Sources: Investment Agreement (Third Coast Bancshares, Inc.)
Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 54, the merger or consolidation of the Corporation with any other corporation or other entity, including a merger or consolidation in which the holders of Series A C Preferred Stock receive cash, securities or other property for their shares, or the sale, lease or exchange (for cash, securities or other property) ), of all or substantially all of the assets of the Corporation, shall will not constitute a liquidation, dissolution or winding up of the Corporation.
Appears in 1 contract
Sources: Securities Purchase Agreement (First NBC Bank Holding Co)
Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 54, the merger or consolidation of the Corporation with or into any other corporation or other entity, including a merger or consolidation in which the holders Holders of Series A C receive cash, securities or other property for their shares, 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 Corporation.
Appears in 1 contract
Sources: Securities Purchase Agreement (Mitsubishi Ufj Financial Group Inc)
Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 5, the merger or consolidation of the Corporation with any other corporation or other entity, including a merger or consolidation in which the holders of Series A E Preferred receive cash, securities or other property for their shares, 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 Corporation.
Appears in 1 contract
Sources: Securities Purchase Agreement (Wabash National Corp /De)
Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 5, the merger or consolidation of the Corporation with any other corporation or other entity, including a merger or consolidation in which the holders of Series A C Preferred receive cash, securities or other property for their shares, 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 Corporation.
Appears in 1 contract
Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section [5], the merger or consolidation of the Corporation with any other corporation or other entity, including a merger or consolidation in which the holders of Series A receive cash, securities or other property for their shares, 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 Corporation.
Appears in 1 contract
Sources: Securities Purchase Agreement (General Electric Co)
Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 5, the merger or consolidation of the Corporation Company with any other corporation or other entity, including a merger or consolidation in which the holders of Series A Preferred Stock receive cash, securities or other property for their shares, or the sale, lease or exchange (for cash, securities or other property) of all or substantially all of the assets of the CorporationCompany, shall not constitute a liquidation, dissolution or winding up of the CorporationCompany, but instead shall be subject to the provisions of Section 10.
Appears in 1 contract
Sources: Securities Purchase Agreement (Ruths Hospitality Group, Inc.)