Surviving Combination

Surviving Combination. Means any merger, consolidation or sale of assets in which the Corporation is the surviving corporation, the holders of the Series E Stock outstanding immediately prior to such transaction will hold the same number of shares of Series E Stock with substantially identical designations and preferences after such transaction as they held immediately prior to such transaction, the voting power or the number of voting shares outstanding immediately after such transaction plus the number of shares... issued as a result of such transaction does not exceed by more than 49% the voting power of the total number of voting shares of the Corporation outstanding immediately prior to such transaction, and the number of voting shares issuable as a result of such transaction will not exceed by more than 49% the number of voting shares of the Corporation outstanding immediately prior to the merger. View More