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.
South Dakota Legal Code