Take In Transaction

Take In Transaction. The first to occur of any of the following events: (i) the Company becomes a direct or indirect wholly owned subsidiary of CONSOL Energy Inc.; or (ii) if at any time when the CONSOL Group beneficially owns more than fifty percent (50%) of the combined voting power of the then outstanding Voting Stock of the Company, the stockholders of the Company approve a plan for the complete liquidation or dissolution of the Company; or (iii) if at any time when the Stock of the Company... is no longer listed for trading on the New York Stock Exchange or any other national stock exchange, the CONSOL Group beneficially owns (within the meaning of Rule 13d-3 promulgated under the Exchange Act) more than ninety percent (90%) of the voting power of each class of then outstanding Voting Stock of the Company; or (iv) consummation of a reorganization, merger or consolidation of the Company or a direct or indirect wholly owned subsidiary thereof, a sale or other disposition (whether by sale, taxable or nontaxable exchange, formation of a joint venture or otherwise) of all or substantially all of the assets of the Company, or other transaction involving the Company (each, a "Business Combination"), resulting in the CONSOL Group beneficially owning more than ninety percent (90%) of the voting power of each class of then outstanding Voting Stock of the Company. View More