Common use of Merger, Consolidation and Sale of Assets Not Liquidation Clause in Contracts

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, but shall be governed by Section 7.

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 Holders receive cash, securities or other property for their sharesshares 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 Corporation, affairs of the Corporation but instead shall be governed by constitute a Reorganization Event pursuant to Section 711(e).

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 entityPerson, including a merger or consolidation in which the holders of Series A B-1 12.75% 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, but shall instead be governed by subject to the provisions of Section 710.

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 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, but shall be governed by Section 7.

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 B 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.

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 [B] 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 affairs of the Corporation, but shall be governed by Section 7.

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 [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 affairs of the Corporation, but shall be governed by Section 7.

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 B 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 be deemed to constitute a liquidation, dissolution or winding up of the Corporation, but instead shall be governed by subject to the provisions of Section 7.

Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 57, the merger or consolidation of the Corporation with any other corporation or other entityPerson, 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, but shall instead be governed by subject to the provisions of Section 79.

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 D 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.

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 entityPerson, including a merger or consolidation in which the holders of Series A B-2 11.5% 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, but shall instead be governed by subject to the provisions of Section 710.

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, but shall be governed by Section 7.

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 D 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, but shall be governed by Section 7.

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 F 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, but shall be governed by Section 7.

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, but shall be governed by Section 7.

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, but shall be governed by Section 7.

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, but shall be governed by Section 7.

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, but shall be governed by Section 7.

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 governed by subject to the provisions of Section 710.

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, but shall be governed by Section 7.

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, but shall be governed by Section 7.

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, but shall be governed by Section 7.

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, but shall be governed by Section 7.

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, but shall be governed by Section 7.

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, but shall be governed by Section 7.

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, but shall be governed by Section 7.

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, but shall be governed by Section 7.

Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 5‎5, the merger sale, conveyance, exchange or consolidation transfer (for cash, shares of the Corporation with any other corporation or other entity, including a merger or consolidation in which the holders of Series A receive cashstock, securities or other property for their shares, or the sale, lease or exchange (for cash, securities or other propertyconsideration) of all or substantially all of the property and assets of the Corporation, Corporation shall not constitute be deemed a liquidationLiquidation, dissolution nor shall the merger, consolidation, statutory exchange or winding up any other business combination transaction of the CorporationCorporation into or with any other Person or the merger, but shall consolidation, statutory exchange or any other business combination transaction of any other Person into or with the Corporation be governed by Section 7deemed to be a Liquidation.

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 Holders receive cash, securities or other property for their sharesshares of Series 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 Corporation, affairs of the Corporation but instead shall be governed by constitute a Reorganization Event pursuant to Section 711(e).

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, but shall be governed by Section 7.

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 Designated 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, but shall be governed by Section 7.

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, but shall be governed by Section 7.

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 B 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, but shall be governed by Section 7.

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.

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, but shall be governed by Section 7.

Merger, Consolidation and Sale of Assets Not Liquidation. For purposes of this Section 5, the a merger or consolidation of the Corporation Company with or into any other corporation or other entity, including or a merger sale 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) conveyance of all or substantially all any part of the assets of the Corporation, Company (which shall not constitute in fact result in the liquidation of the Company and the distribution of assets to its stockholders) shall not be deemed to be a liquidation, voluntary or involuntary liquidation or dissolution or winding up of the Corporation, but shall be governed by Section 7Company.

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 Designated Preferred Stock receive cash, securities or other property for their shares, or UST # 205 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.

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, but shall be governed by Section 7.