EFTA01143227Set 9
2009-11-1228p14,087w
Original Issue Price in the case of the
Series B Preferred Stock.
2 Liquidation, Dissolution or Winding Up: Certain Mergers. Consolidations and Asset
Sales.
(a) Payments to Holders of Preferred ... Stock. In the event of any voluntary or
involuntary liquidation, dissolution or winding up of the Corporation, the holders of shares of
Preferred Stock then outstanding shall be entitled ... hereafter referred to as the
"Series B Liquidation Amount". if upon any such liquidation, dissolution or winding up of the
Corporation the assets of the Corporation available for distribution
https://www.justice.gov/epstein/files/DataSet%209/EFTA01143227.pdf
EFTA00796744Set 9
2019-03-07114p64,823w
With respect to the payment of dividends and distributions of
assets upon any liquidation, dissolution or winding up. the
Series A Preferred Stock will rank:
• senior to our common stock ... dividends or in
the distribution of assets upon our voluntary or
involuntary liquidation, dissolution or winding up
(together with our common stock, "junior stock");
and
• senior ... payment of dividends
and distributions of assets upon any voluntary or
involuntary liquidation, dissolution or winding up of
Ala; and
junior to all existing and future indebtedness and
other
https://www.justice.gov/epstein/files/DataSet%209/EFTA00796744.pdf
EFTA00608097Set 9
2013-09-1663p24,535w
Fourth refer to sections and
subsections ofPart B of this Article Fourth.
1. Liquidation, Dissolution or Winding Up: Certain Mergers. Consolidations
and Asset Sales.
1.1 Preferential Payments to Holders ... Series AA Preferred Stock. In
the event of any voluntary or involuntary liquidation, dissolution or winding up of the
Corporation, or Deemed Liquidation Event, the holders of shares of Series ... recapitalization with respect to the Series AA Preferred Stock. If upon any such liquidation,
dissolution or winding up of the Corporation or Deemed Liquidation Event, the assets of the
Corporation
https://www.justice.gov/epstein/files/DataSet%209/EFTA00608097.pdf
EFTA00607796Set 9
2015-03-2487p43,548w
payment of dividends or as to the distribution
of assets upon our liquidation, dissolution or winding-
up;
• will rank at least equally with each other class or
series ... with respect to the payment
of dividends and distribution of assets upon our
liquidation, dissolution or winding up, other than the
Series A Preferred Stock. As of the date hereof ... future) with respect to assets available to satisfy our claims.
including in our liquidation, dissolution or winding up. As of December 31, 2014, our total consolidated debt was
$304 million
https://www.justice.gov/epstein/files/DataSet%209/EFTA00607796.pdf
EFTA01137317Set 9
2015-05-1956p28,862w
declared for any future dividend period.
Liquidation Preference Upon any voluntary or involuntary liquidation, dissolution or winding
up of First Republic Bank, holders of shares of Series F Preferred
Stock ... Preferred Stock, with respect to the payment of dividends
and distributions upon liquidation, dissolution or winding up. The
EFTA01137325
total liquidation preference of preferred stock outstanding on the date
hereof ... with respect to the payment of dividends and the
distribution of assets upon liquidation, dissolution or winding up. Upon declaration of a dividend, or upon our
liquidation, dissolution or winding
https://www.justice.gov/epstein/files/DataSet%209/EFTA01137317.pdf
EFTA01124129Set 9
2016-01-19216p110,656w
Stock—Dividends") as to payment of
dividends and distribution of assets upon ow liquidation,
dissolution or winding up. The Series W Preferred Stock
will rank senior to ow common stock ... Preferred Stock, as to payment of dividends and/or
distribution of assets upon our liquidation, dissolution or
winding up. We may, from time to time, create and issue
additional shares ... Series W
Preferred Stock as to dividends and/or distribution of
assets upon our liquidation, dissolution or winding up. We
S-3
EFTA01124131
may also create and issue shares of preferred
https://www.justice.gov/epstein/files/DataSet%209/EFTA01124129.pdf
EFTA01184781Set 9
82p43,957w
with respect to the payment of dividends and
distribution of assets upon our liquidation, dissolution or winding up,
other than the Series A Preferred Stock, the Series B Preferred Stock ... liquidation preference of $182,500,000.
Liquidation Rights Upon any voluntary or involuntary liquidation, dissolution or winding-
up of AmTrust, holders of shares of the Series E Preferred Stock
represented ... creditors with respect to assets available to satisfy our
claims, including in our liquidation, dissolution or winding up. As of December 31, 2015, our total consolidated
debt was approximately
https://www.justice.gov/epstein/files/DataSet%209/EFTA01184781.pdf
EFTA01198069Set 9
2015-07-2795p44,280w
each other.
We generally will be able to pay dividends and
distributions upon liquidation, dissolution or winding
up only out of assets legally available for such payment
(after satisfaction ... payment of dividends and in the
distribution of assets on any liquidation, dissolution
or winding up of CSC, and to all of our existing and
future debt obligations.
Preemptive ... with respect to the payment of dividends and the distribution of assets upon liquidation, dissolution
or winding up could reduce the amounts we may have available for distribution to holders
https://www.justice.gov/epstein/files/DataSet%209/EFTA01198069.pdf
EFTA01090509Set 9
2015-08-1774p39,980w
stock, if any), with
respect to the payment of dividends and distributions upon
liquidation, dissolution or winding up. See "Description of Preferred
Stock—Other Preferred Stock." We will generally ... able to pay
dividends and distributions upon liquidation, dissolution or winding
up only out of lawfully available assets for such payment after
satisfaction of all claims for indebtedness and other ... with respect to the payment of dividends and
distributions of assets upon liquidation, dissolution or winding up. See "—Other Preferred Stock" below. In
addition, we will generally be able
https://www.justice.gov/epstein/files/DataSet%209/EFTA01090509.pdf
EFTA01108547Set 9
2016-03-1096p52,843w
sale or
exchange of capital assets) in the year of our liquidation, dissolution
or winding up and in the prior years in which the Series A Preferred
Units have been ... Preferred Units will have capital account balances that
entitle each holder, upon our liquidation, dissolution or winding up, to
the Preferred Unit Liquidation Value, but no assurance can be
provided ... such excess, holders
of Series A Preferred Units would be entitled, upon our liquidation, dissolution or winding up, to less than
the Preferred Unit Liquidation Value. In addition
https://www.justice.gov/epstein/files/DataSet%209/EFTA01108547.pdf
EFTA00597104Set 9
2016-07-2595p54,885w
Series F Preferred Stock as to the
distribution of assets on our liquidation, dissolution or winding up and
before any distribution of assets is made to holders of our common ... Series F Preferred Stock as to the distribution of assets on our
liquidation, dissolution or winding up ("junior stock").
Voting rights: None, except with respect to certain changes ... Corporation.
We will generally be able to pay dividends and distributions upon any
liquidation, dissolution or winding up only out of funds legally
available for such payment (i.e., after taking
https://www.justice.gov/epstein/files/DataSet%209/EFTA00597104.pdf
EFTA01092591Set 9
2014-01-2728p14,336w
record date for determination of
holders entitled to such dividend.
2. Liquidation, Dissolution or Winding Us; Certain Mergers, Consolidations
and Asset Sales.
OHS1JSA:756169986.2
28154-1
-2-
EFTA01092593
2.1 Preferential ... wholly-owned subsidiary of the
Corporation;
(c) any voluntary or involuntary liquidation, dissolution
or winding up of the Key Subsidiary; and
(d) any voluntary or involuntary liquidation, dissolution
or winding ... wind-up the business and affairs of
the Corporation or authorize the liquidation, dissolution and winding up of the business and
affairs of the Key Subsidiary, effect any merger
https://www.justice.gov/epstein/files/DataSet%209/EFTA01092591.pdf
EFTA01092555Set 9
2014-01-2732p15,683w
record
date for determination of holders entitled to such dividend.
2. Liquidation, Dissolution or Winding Up; Certain Mergers. Consolidations
and Asset Sales.
2.1 Preferential Payments to Holders of Preferred Stock ... wholly-owned subsidiary of the
Corporation;
(c) any voluntary or involuntary liquidation, dissolution
or winding up of a Key Subsidiary; and
(d) any voluntary or involuntary liquidation, dissolution
or winding ... wind-up the business and affairs of
the Corporation or authorize the liquidation, dissolution and winding up of the business and
affairs of the Key Subsidiary, effect any merger
https://www.justice.gov/epstein/files/DataSet%209/EFTA01092555.pdf
EFTA01083794Set 9
2015-07-13127p67,340w
issue any Senior
Securities.
Fixed Liquidation Price In the event of any liquidation, dissolution or winding
up of our affairs, whether voluntary or involuntary.
holders of the Series A Preferred ... series of transactions, will not be deemed to be a
liquidation, dissolution or winding up of our affairs.
Sinking Fund The Series A Preferred Units will not be subject ... Preferred Units as to the payment of distributions and amounts payable upon liquidation,
dissolution or winding up, whether voluntary or involuntary. If less than all distributions payable with respect
https://www.justice.gov/epstein/files/DataSet%209/EFTA01083794.pdf