Common use of Voluntary or Involuntary Liquidation Clause in Contracts

Voluntary or Involuntary Liquidation. Upon any voluntary or involuntary liquidation, dissolution or winding-up of the affairs of the Corporation, the assets and funds of the Corporation or proceeds thereof (whether capital or surplus) shall be distributed: (i) first, ratably among holders of Series B Participating Preferred Stock up to an amount equal to $1.00 per share of Series B Participating Preferred Stock (as adjusted for any stock dividend, stock split, stock combination, reclassification or similar transaction) and (ii) second, ratably among holders of Common Stock; provided that if holders of Series B Participating Preferred Stock would receive a distribution per share that is greater than $1.00 (as adjusted for any stock dividend, stock split, stock combination, reclassification or similar transaction) if all such assets and funds were distributed ratably among holders of Common Stock and Series B Participating Preferred Stock (based on each share of Series B Participating Preferred Stock being equal to a number of shares of Common Stock equal to the Participation Factor), such assets and funds shall be so ratably distributed among holders of Common Stock and Series B Participating Preferred Stock (such distribution preference, the “Liquidation Preference”).

Voluntary or Involuntary Liquidation. Upon any voluntary or involuntary liquidation, dissolution or winding-up of the affairs of the Corporation, the assets and funds of the Corporation or proceeds thereof (whether capital or surplus) shall be distributed: (i) first, in an amount equal to all dividends (whether or not earned or declared) accumulated and unpaid on the shares of Series D Junior Participating Preferred Stock, (ii) second, ratably among holders of Series B D Junior Participating Preferred Stock up to an amount equal to $1.00 per share of Series B D Junior Participating Preferred Stock (as adjusted for any stock dividend, stock split, stock combination, reclassification or similar transaction) and (iiiii) secondthird, ratably among holders of Common Stock; provided that if holders of Series B D Junior Participating Preferred Stock would receive a distribution per share that is greater than $1.00 (except with respect to the distribution described in clause (i) above and except as adjusted for any stock dividend, stock split, stock combination, reclassification or similar transaction) if all such assets and funds were distributed ratably among holders of Common Stock and Series B D Junior Participating Preferred Stock (based on each share of Series B D Junior Participating Preferred Stock being equal to a number of shares of Common Stock equal to the Participation Factor), such assets and funds shall be so ratably distributed among holders of Common Stock and Series B D Junior Participating Preferred Stock (such distribution preference, the “Liquidation Preference”).

Voluntary or Involuntary Liquidation. Upon any voluntary or involuntary liquidation, dissolution or winding-up of the affairs of the Corporation, the assets and funds of the Corporation or proceeds thereof (whether capital or surplus) shall be distributed: (i) first, ratably among holders of Series B A Participating Preferred Stock up to an amount equal to $1.00 the Redemption Amount per share of Series B A Participating Preferred Stock (as adjusted for any stock dividend, stock split, stock combination, reclassification or similar transaction) and (ii) second, ratably among holders of Common Stock; provided that if holders of Series B A Participating Preferred Stock would receive a distribution per share that is greater than $1.00 (as adjusted for any stock dividend, stock split, stock combination, reclassification or similar transaction) the Redemption Amount if all such assets and funds were distributed ratably among holders of Common Stock and Series B A Participating Preferred Stock (based on each share of Series B A Participating Preferred Stock being equal to a number of shares of Common Stock equal to the Participation FactorFactor then in effect), such assets and funds shall be so ratably distributed among holders of Common Stock and Series B A Participating Preferred Stock (such distribution preference, the “Liquidation Preference”).