Common use of Preliminary Actions Clause in Contracts

Preliminary Actions. (a) Prior to the execution and delivery of this Agreement, the following actions were taken: (A) Five Star was organized as a Maryland corporation, and SHOPCO HOLDINGS, INC., a Delaware corporation, merged with and into Five Star; and (B) FSQ (formerly known as "Five Star Quality Care, Inc.") changed its name to "FSQ, Inc.", and each of the Existing Property Subtenants changed their names as indicated in SECTION 1.1(36). (b) Prior to the capitalization of Five Star and the Distribution Date, Five Star will: (A) organize the Existing Properties Holding Company and the CSL Property Subtenants (other than FS Tenant Pool II Trust [New Loan properties] and FS Leisure Park Tenant Trust [Leisure Park]) (see SCHEDULE 2.1(b)(A)); (B) contribute its interest in the Existing Property Subtenants to the Existing Properties Holding Company (see SCHEDULE 2.1(B)(B)); and (C) organize Merger Sub as a Delaware corporation (see SCHEDULE 2.1(b)(B)).

Preliminary Actions. (a) Prior to the execution and delivery of this Agreement, the following actions were taken: (A) Five Star was organized as a Maryland corporation, and SHOPCO HOLDINGS, INC., a Delaware corporation, merged with and into Five Star; and (B) FSQ (formerly known as "Five Star Quality Care, Inc.") changed its name to "FSQ, Inc.", and each of the Existing Property Subtenants changed their names as indicated in SECTION 1.1(36). (b) Prior to the capitalization of Five Star and the Distribution Date, Five Star will: (A) organize the Existing Properties Holding Company and the CSL Property Subtenants (other than FS Tenant Pool II Trust [New Loan properties] and FS Leisure Park Tenant Trust [Leisure Park]) (see SCHEDULE 2.1(b)(A2.1(B)(A)); (B) contribute its interest in the Existing Property Subtenants to the Existing Properties Holding Company (see SCHEDULE 2.1(B)(B)); and (C) organize Merger Sub as a Delaware corporation (see SCHEDULE 2.1(b)(B2.1(B)(B)).