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the holder of the shares or limited liability company or | | partnership interests are to receive in connection with the | | merger or consolidation; and |
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| | | E.__Any other details or provisions as are determined | | desirable, including, but not limited to, a provision for | | the payment of cash in lieu of the issuance of fractional | | shares or interests of the surviving or resulting | | corporation or other business entity. |
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| | | Any of the terms of the agreement or plan of merger or | | consolidation may be made dependent upon facts ascertainable | | outside of the agreement or plan, as long as the manner in which | | the facts operate upon the terms of the agreement or plan is | | clearly and expressly set forth in the agreement or plan of | | merger or consolidation. |
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| | | 4.__Manner of approval.__The written agreement or plan of | | merger or consolidation required under subsection 3 must be | | adopted by the board of directors of each corporation and | | approved by the shareholders of each corporation to the extent | | required and in the same manner as provided in section 902.__In | | the case of the other business entities, the agreement or plan | | must be approved in accordance with the laws of the state under | | which they are formed and, to the extent allowed under such laws, | | in accordance with their governing documents. |
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| | | 5.__Articles of merger or consolidation.__After a written | | agreement or plan of merger or consolidation is adopted and | | approved in the manner required by subsection 4, the surviving or | | resulting corporation or other business entity shall deliver to | | the Secretary of State for filing articles of merger or | | consolidation setting forth: |
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| | | A.__The name and current jurisdiction of each business | | entity that is to merge or consolidate; |
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| | | B.__That an agreement or plan of merger or consolidation has | | been approved, adopted and executed by each business entity | | that is a party to the merger or consolidation; |
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| | | C.__The name of the surviving or resulting corporation or | | other business entity; |
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| | | D.__If a corporation is the surviving entity of the merger | | or consolidation, the written agreement or plan of merger or | | consolidation; |
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