South Dakota § 47-1A-1101 - Definitions.

§ 47-1A-1101. Definitions.

Terms used in §§ 47-1A-1101 to 47-1A-1108, inclusive, mean:

(1)    "Merger," a business combination pursuant to §§ 47-1A-1102 to 47-1A-1102.5, inclusive;

(2)    "Party to a merger" or "party to a share exchange," any domestic or foreign corporation or eligible entity that will:

(a)    Merge under a plan of merger;

(b)    Acquire shares or eligible interests of another corporation or an eligible entity in a share exchange; or

(c)    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," a business combination pursuant to §§ 47-1A-1103 to 47-1A-1103.5, inclusive;

(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.

Source: SL 2005, ch 239, § 248.