Common use of Amount Issued Clause in Contracts

Amount Issued. (a) Subject to the provisions of this Agreement, Rights to purchase TWO MILLION, TWO HUNDRED SIXTY-TWO THOUSAND, SIX HUNDRED EIGHTY-SIX (2,262,686) Whole Shares and the Rounding Shares may be issued and delivered by the Company hereunder. The Company shall deliver to holders of Class A Common Stock as of July 25, 1997 (the "Record Date") (the "Record Holders") one-sixth of a Right for each share of Class A Common Stock held of record on the Record Date. No fractional rights or cash in lieu thereof will be issued or paid. The number of Rights distributed to each Record Holder will be rounded up to the nearest whole number. Each Right shall entitle the holder thereof to purchase one share of Class A Common Stock at a price of $16.34 per share upon exercise of the Right as herein provided.

Amount Issued. (a) Subject to the provisions of this Agreement, the Company shall issue transferable Rights to purchase TWO MILLION, TWO HUNDRED SIXTY-TWO THOUSAND, SIX HUNDRED EIGHTY-SIX (2,262,686) Whole Shares and the Rounding Shares 17,691,023 shares of Common Stock plus 12,000 additional shares that may be issued and delivered as a result of rounding the number of Rights distributed to Record Holders (as defined below) (9,130,435 of which will be immediately surrendered by Bionova International to the Company hereunderCompany). The Company shall deliver distribute to holders of Class A Common Stock (the "Record Holders") as of July 25, 1997 __________ (the "Record Date") three (the "Record Holders"3) one-sixth Rights for every four (4) shares of a Right for each share of Class A Common Stock held of record on the Record Date. No fractional rights or cash in lieu thereof will be issued or paid. The number of Rights distributed to each Record Holder will be rounded up to the nearest whole number. Each Right shall entitle the holder thereof to purchase one share of Class A Common Stock at a price of $16.34 5.75 per share upon exercise of the Right as herein provided.