Liquidation or Dissolution. The stockholders of the Company approve a plan or proposal for liquidation or dissolution of the Company. Notwithstanding the foregoing, a “Change in Control” shall not be deemed to have occurred by virtue of the consummation of any transaction or series of integrated transactions immediately following which the record holders of the common stock of the Company immediately prior to such transaction or series of transactions continue to have substantially the same proportionate ownership in an entity which owns all or substantially all of the assets of the Company immediately following such transaction or series of transactions.
Appears in 12 contracts
Samples: 2005 Stock Incentive Plan (Vapotherm Inc), Stock Option Award Agreement (Commerce Energy Group, Inc.), Employment Agreement (Commerce Energy Group, Inc.)
Liquidation or Dissolution. The stockholders of the Company approve a plan or proposal for liquidation or dissolution of the Company. Notwithstanding the foregoing, a “Change in Control” shall not be deemed to have occurred by virtue of the consummation of any transaction or series of integrated transactions immediately following which the record holders of the common stock of the Company immediately prior to such transaction or series of transactions continue to have substantially the same proportionate ownership in an any entity which owns all or substantially all of the assets of the Company immediately following such transaction or series of transactions.
Appears in 4 contracts
Samples: Executive Employment Agreement (Telx Group, Inc.), Executive Employment Agreement (Telx Group, Inc.), Executive Employment Agreement (Telx Group, Inc.)
Liquidation or Dissolution. The stockholders shareholders of the Company approve a plan or proposal for liquidation or dissolution of the Company. Notwithstanding the foregoing, a “"Change in Control” " shall not be deemed to have occurred by virtue of the consummation of any transaction or series of integrated transactions immediately following which the record holders of the common stock Shares of the Company immediately prior to such transaction or series of transactions continue to have substantially the same proportionate ownership in an entity which owns all or substantially all of the assets of the Company immediately following such transaction or series of transactions.
Appears in 4 contracts
Samples: Employment Agreement (Centerline Holding Co), Employment Agreement (Centerline Holding Co), Employment Agreement (Centerline Holding Co)
Liquidation or Dissolution. The stockholders of the Company approve a plan or proposal for liquidation or dissolution of the Company. Notwithstanding the foregoing, a “"Change in Control” " shall not be deemed to have occurred by virtue of the consummation of any transaction or series of integrated transactions immediately following which the record holders of the common stock of the Company immediately prior to such transaction or series of transactions continue to have substantially the same proportionate ownership in an entity which owns all or substantially all of the assets of the Company immediately following such transaction or series of transactions.
Appears in 3 contracts
Samples: Employment Agreement (Commerce Energy Group, Inc.), Restricted Share Award Agreement (Commerce Energy Group, Inc.), Stock Option Award Agreement (Commerce Energy Group, Inc.)
Liquidation or Dissolution. The stockholders shareholders of the Company approve a plan or proposal for liquidation or dissolution of the Company. Notwithstanding the foregoing, a “Change in Control” shall not be deemed to have occurred by virtue of the consummation of any transaction or series of integrated transactions immediately following which the record holders of the common stock Shares of the Company immediately prior to such transaction or series of transactions continue to have substantially the same proportionate ownership in an entity which owns all or substantially all of the assets of the Company immediately following such transaction or series of transactions.
Appears in 2 contracts
Samples: Executive Employment Agreement (Centerline Holding Co), Executive Employment Agreement (Centerline Holding Co)
