Surviving Entity

Surviving Entity. Means the Company, if immediately following any merger, consolidation or similar transaction, the holders of outstanding voting securities of the Company immediately prior to the merger or consolidation own equity securities possessing more than 50% of the voting power of the corporation existing following the merger, consolidation or similar transaction. In all other cases, the other entity to the transaction and not the Company shall be the Surviving Entity. In making the determination of... ownership by the shareholders of an entity immediately after the merger, consolidation or similar transaction, equity securities the shareholders owned immediately before the merger, consolidation or similar transaction as shareholders of another party to the transaction shall be disregarded. Further, outstanding voting securities of an entity shall be calculated by assuming the conversion of all equity securities convertible (immediately or at some future time) into shares entitled to vote. View More

Surviving Entity. The surviving entity in a merger or consolidation or any entity that controls, directly or indirectly, such surviving entity.

Surviving Entity. Shall mean the acquiring or resulting entity following the Change of Control.

Surviving Entity. The Person (if other than the Company) formed by such consolidation or into which the Company is merged or the Person which acquires by sale, assignment, transfer, lease, conveyance or other disposition the properties and assets of the Company and of the Company's Restricted Subsidiaries substantially as an entirety

Surviving Entity. Means the successor Person in any Reorganization other than the Company, provided that if (i) such Person is not a publicly traded entity whose common stock or equivalent equity security is quoted or listed for trading on a national securities exchange, quotation system or over-the-counter market and (ii) the common stock or equivalent equity security of the parent entity that, directly or indirectly, controls such Person (a "Parent Entity") is quoted or listed on a national securities... exchange, quotation system or over-the-counter market, "Surviving Entity" shall mean such Person's Parent Entity; provided further that if there is more than one such Person or Parent Entity, the Person or Parent Entity with the largest public market capitalization as of the date of consummation of a Reorganization shall be deemed to be the "Surviving Entity". View More

Surviving Entity. The meaning ascribed to it in Section 7(b) hereof. Except where otherwise indicated by the context, any masculine terminology used herein shall also include the feminine and vice versa, and the definition of any term herein in the singular shall also include the plural and vice versa

Surviving Entity. The entity surviving in the merger of PALLC with and into D&C pursuant to the Merger Agreement

Surviving Entity. Second Merger Sub (as defined in the First Amendment), which entity, for the avoidance of doubt, shall be the Borrower upon and after the consummation of the Specified Change of Control Transactions

Surviving Entity. The Company, or a corporation, limited liability company or other entity which is the surviving entity in the Change in Control transaction, or any affiliate thereof, which employs an Eligible Executive as of and/or following the Change in Control.