Common use of Whenever Clause in Contracts

Whenever. a compromise or arrangement is proposed between this corporation and its creditors or any class of them and/or between this corporation and its stockholders or any class of them, any court of equitable jurisdiction within the State of Delaware may, on the application in a summary way of this corporation or of any creditor or stockholder thereof or on the application of any receiver or receivers appointed for this corporation under Section 291 of Title 8 of the Delaware Code or on the application of trustees in dissolution or of any receiver or receivers appointed for this corporation under Section 279 of Title 8 of the Delaware Code, order a meeting of the creditors or class of creditors and/or of the stockholders or class of stockholders of this corporation, as the case may be, to be summoned in such manner as the said court directs. If a majority in number representing three-fourths in value of the creditors or class of creditors, and/or of the stockholders or class of stockholders of this corporation, as the case may be, agree to any compromise or arrangement and to any reorganization of this corporation as consequence of such compromise or arrangement, the said compromise or arrangement and the said reorganization shall, if sanctioned by the court to which the said application has been made, be binding on all the creditors or class of creditors, and/or on all the stockholders or class of stockholders, of this corporation, as the case may be, and also on this corporation.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Hirsch International Corp), Agreement and Plan of Merger (Hirsch International Corp)

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Whenever. a compromise or arrangement is proposed between this the corporation and its creditors or any class of them and/or between this the corporation and its stockholders or any class of them, any court of equitable jurisdiction within the State of Delaware may, on the application in a summary way of this the corporation or of any creditor or stockholder thereof or on the application of any receiver or receivers appointed for this the corporation under Section the provisions of section 291 of Title 8 of the Delaware Code or on the application of trustees in dissolution or of any receiver or receivers appointed for this the corporation under Section the provisions of section 279 of Title 8 of the Delaware Code, Code order a meeting of the creditors or class of creditors creditors, and/or of the stockholders or class of stockholders of this the corporation, as the case may be, to be summoned in such manner as the said court directs. If a majority majority, in number representing three-fourths in value of the creditors or class of creditors, and/or of the stockholders or class of stockholders of this the corporation, as the case may be, agree to any compromise or arrangement and to any reorganization of this corporation as consequence of such compromise or arrangement, the said compromise or arrangement and the said reorganization shall, shall if sanctioned by the court to which the said application has been made, be binding on all the creditors or class of creditors, and/or on all the stockholders or class of stockholders, of this the corporation, as the case may be, and also on this the corporation.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Aerogen Inc), Stock Purchase Agreement (Aerogen Inc)

Whenever. a compromise or arrangement is proposed between this corporation the Corporation and its creditors or any class of them and/or between this corporation the Corporation and its stockholders or any class of them, any court of equitable jurisdiction within the State of Delaware Nevada may, on the application in a summary way of this corporation the Corporation or of any creditor or stockholder thereof or on the application of any receiver or receivers appointed for this corporation the Corporation under Section 291 of Title 8 the provisions of the Delaware Code General Corporation Law or on the application of trustees in dissolution or of any receiver or receivers appointed for this corporation under Section 279 of Title 8 of the Delaware CodeCorporation, order a meeting of the creditors or class of creditors creditors, and/or of the stockholders or class of stockholders stockholders, of this corporationthe Corporation, as the case may be, to be summoned in such manner as the said court directs. If a majority in number representing three-fourths in value of the creditors or class of creditors, and/or of the stockholders or class of stockholders stockholders, of this corporationthe Corporation, as the case may be, agree to any compromise or arrangement and to any reorganization of this corporation the Corporation as a consequence of such compromise or arrangement, the said compromise or arrangement and the said reorganization shall, if sanctioned by the court to which the said application has been made, be binding on all the creditors or class of creditors, and/or on all the stockholders or class of stockholders, of this corporationthe Corporation, as the case may be, and also on this corporationthe Corporation.

Appears in 1 contract

Samples: Share Exchange Agreement (American Stem Cell Corp)

Whenever. a compromise or arrangement is proposed between this the corporation and its creditors or any class of them and/or between this the corporation and its stockholders or any class of them, any court of equitable jurisdiction within the State of Delaware may, on the application in a summary way of this the corporation or of any creditor or stockholder thereof or on the application of any receiver or receivers appointed for this the corporation under Section the provisions of section 291 of Title 8 of the Delaware Code or on the application of trustees in dissolution or of any receiver or receivers appointed for this the corporation under Section the provisions of ruction 279 of Title 8 of the Delaware Code, Code order a meeting of the creditors or class of creditors creditors, and/or of the stockholders or class of stockholders of this the corporation, as the case may be, to be summoned in such manner as the said court directs. If a majority majority, in number representing three-fourths in value of the creditors or class of creditors, and/or of the stockholders or class of stockholders of this the corporation, as the case may be, agree to any compromise or arrangement and to any reorganization of this corporation as consequence of such compromise or arrangement, the said compromise or arrangement and the said reorganization shall, shall if sanctioned by the court to which the said application has been made, be binding on all the creditors or class of creditors, and/or on all the stockholders or class of stockholders, of this the corporation, as the case may be, and also on this the corporation.

Appears in 1 contract

Samples: Stock Purchase Agreement (Aerogen Inc)

Whenever. a compromise or arrangement is proposed between this corporation and its creditors or any class of them and/or between this corporation and its stockholders or any class of them, any court of equitable jurisdiction within the State of Delaware may, on the application in a summary way of this corporation or of any creditor or stockholder thereof or on the application of any receiver or receivers appointed for this corporation under Section §291 of Title 8 of the Delaware Code or on the application of trustees in dissolution or of any receiver or receivers appointed for this corporation under Section § 279 of Title 8 of the Delaware Code, Code order a meeting of the creditors or class of creditors creditors, and/or of the stockholders or class of stockholders of this corporation, as the case may be, to be summoned in such manner as the said court directs. If a majority in number representing three-fourths in value of the creditors or class of creditors, and/or of the stockholders or class of stockholders of this corporation, as the case may be, agree to any compromise or arrangement and to any reorganization of this corporation as consequence of such compromise or arrangement, the said compromise or arrangement and the said reorganization shall, if sanctioned by the court to which the said application has been made, be binding on all the creditors or class of creditors, and/or on all the stockholders or class of stockholders, of this corporation, as the case may be, and also on this corporation.. * * *

Appears in 1 contract

Samples: Agreement and Plan of Merger (Victory Acquisition Corp)

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Whenever. a compromise or arrangement is proposed between this corporation the Corporation and its creditors or any class of them and/or between this corporation the Corporation and its stockholders or any class of them, any court of equitable jurisdiction within the State of Delaware may, on the application in a summary way of this corporation the Corporation or of any creditor or stockholder thereof or on the application of any receiver or receivers appointed for this corporation the Corporation under Section the provisions of section 291 of Title 8 of the Delaware Code or on the application of trustees in dissolution or of any receiver or receivers appointed for this corporation the Corporation under Section the provisions of section 279 of Title 8 of the Delaware Code, Code order a meeting of the creditors or class of creditors creditors, and/or of the stockholders or class of stockholders of this corporationthe Corporation, as the case may be, to be summoned in such manner as the said court directs. If a majority in number representing three-fourths in value of the creditors or class of creditors, and/or of the stockholders or class of stockholders of this corporationthe Corporation, as the case may be, agree to any compromise or arrangement and to any reorganization of this corporation the Corporation as a consequence of such compromise or arrangement, the said compromise or arrangement and of the said reorganization shall, if sanctioned by the court to which the said application has been made, be binding on all the creditors or class of creditors, and/or on all the stockholders or class of stockholders, of this corporationthe Corporation, as the case may be, and also on this corporationthe Corporation.

Appears in 1 contract

Samples: Employment Agreement (Comdial Corp)

Whenever. a compromise or arrangement is proposed between this corporation the Corporation and its creditors or any class of them and/or between this corporation the Corporation and its stockholders or any class of them, any court of equitable jurisdiction within the State of Delaware may, on the application in a summary way of this corporation the Corporation or of any creditor or stockholder thereof or on the application of any receiver receive or receivers appointed for this corporation the Corporation under the provisions of Section 291 of Title 8 of the Delaware Code or on the application of trustees in dissolution or of any receiver or receivers appointed for this corporation the Corporation under the provisions of Section 279 of Title 8 of the Delaware Code, Code order a meeting of the creditors or class of creditors creditors, and/or of the stockholders or class of stockholders of this corporationthe Corporation, as the case may be, to be summoned in such manner as the said court directs. If a majority in number representing three-fourths in value of the creditors or class of creditors, and/or of the stockholders or class of stockholders of this corporationthe Corporation, as the case may be, agree to any compromise or arrangement and to any reorganization of this corporation the Corporation as consequence of such compromise or arrangement, the said compromise or arrangement and the said reorganization shall, if sanctioned by the court to which the said application has been made, be binding on all the creditors or class of creditors, and/or on all the stockholders or class of stockholders, of this corporationthe Corporation, as the case may be, and also on this corporationthe Corporation.

Appears in 1 contract

Samples: Company Stock Option Agreement (Medical Assurance Inc)

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