(MBCA 11.01) As used in sections 21-2,161 to 21-2,168: (1) Merger means a business combination pursuant to section 21-2,162. (2) Party to a merger or party to a share exchange means any domestic or foreign corporation or eligible entity that will: (i) Merge under a plan of merger; (ii) Acquire shares or eligible interests of another corporation or an eligible entity in a share exchange; or (iii) Have all of its shares or eligible interests or all of one or more classes or series of its shares or eligible interests acquired in a share exchange. (3) Share exchange means a business combination pursuant to section 21-2,163. (4) Survivor in a merger means the corporation or eligible entity into which one or more other corporations or eligible entities are merged. A survivor of a merger may preexist the merger or be created by the merger.
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