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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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