Common use of Xxxxxx, Consolidation and Other Fundamental Transactions Not Liquidation Clause in Contracts

Xxxxxx, Consolidation and Other Fundamental Transactions Not Liquidation. For purposes of this Section 4, the merger, consolidation, conversion, division or domestication of the Corporation with or into any other corporation or other entity, including any of the foregoing transactions in which the holders of Series B Preferred Stock receive cash, securities or other property for their shares, or the sale, lease or exchange (for cash, securities or property) of all or substantially all of the assets of the Corporation, will not constitute a liquidation, dissolution or winding up of the Corporation.

Xxxxxx, Consolidation and Other Fundamental Transactions Not Liquidation. For purposes of this Section 4, the merger, consolidation, conversion, division or domestication of the Corporation with or into any other corporation or other entity, including any of the foregoing transactions in which the holders of Series B Preferred Stock receive cash, securities or other property for their shares, or the sale, lease or exchange (for cash, securities or property) of all or substantially all of the assets of the Corporation, will not constitute a liquidation, dissolution or winding up of the CorporationCorporation but could constitute a Deemed Liquidation Event as contemplated in Section 4(d) below.

Xxxxxx, Consolidation and Other Fundamental Transactions Not Liquidation. For purposes of this Section 4, the merger, consolidation, conversion, division or domestication of the Corporation with or into any other corporation or other entity, including any of the foregoing transactions in which the holders of Series B Preferred Non-Voting Common Stock receive cash, securities or other property for their shares, or the sale, lease or exchange (for cash, securities or property) of all or substantially all of the assets of the Corporation, will not constitute a liquidation, dissolution or winding up of the Corporation.