Consummation of. (1) A merger, consolidation or reorganization involving the Company, unless persons who are stockholders of the Company immediately before such merger, consolidation or reorganization, directly or indirectly, beneficially own at least fifty-one percent (51%) of the combined voting power of the outstanding voting securities of the corporation resulting from such a merger or consolidation or reorganization (the “Surviving Corporation”) (a transaction described in this Section (b)(1) shall herein be referred to as a “Non-Control Transaction”); or
Appears in 4 contracts
Samples: Employment Agreement (Emerge Interactive Inc), Employment Agreement (Emerge Interactive Inc), Employment Agreement (Emerge Interactive Inc)
Consummation of. (1) A merger, consolidation or reorganization involving the Company, unless persons who are stockholders of the Company immediately before such merger, consolidation or reorganization, directly or indirectly, beneficially own owned at least fifty-one percent (51%) of the combined voting power of the outstanding voting securities of the corporation resulting from such a merger or consolidation or reorganization (the “Surviving Corporation”) (a ). A transaction described in this Section (b)(1b) (1) shall herein be referred to as a “Non-Control Transaction”); or‘
Appears in 3 contracts
Samples: Emerge Interactive Inc, Emerge Interactive Inc, Emerge Interactive Inc