Authorized and Issued Capital. The authorized capital of the Purchaser consists of an unlimited number of common shares and an unlimited number of preferred shares, of which (i) at the date of this Agreement, 24,610,042 common shares (and no more) have been duly issued and are outstanding as fully paid and non-assessable and no preferred shares are outstanding, and (ii) at the Closing Time, 24,610,042 common shares (and no more) shall have been duly issued and shall be outstanding as fully paid and non-assessable.
Authorized and Issued Capital. The authorized capitalization of the Borrower and its Subsidiaries is set forth on Schedule 6(a). The authorized capitalization of the Borrower and its Subsidiaries, which reflects the note exchange transactions contemplated by the Restructuring Agreement (the "Restructuring Agreement") dated as of March 14, 2003 among the Borrower, certain of its subsidiaries and certain holders of the Borrower's 5 3/4% convertible subordinated notes due 2004 and the Participation Agreement dated March 14, 2003 between the Borrower and LC Capital Master Fund, Ltd., is set forth on Schedule 6(a). Except as set forth on Schedule 6(a), the Borrower and its Subsidiaries have not issued any other shares of their capital stock and there are no further subscriptions, contracts or agreements for the issuance or purchase of any other or additional equity interest in the Borrower or any of its Subsidiaries, either in the form of options, agreements, warrants, calls, convertible securities or other similar rights, other than the Lender Warrants. All the outstanding shares of capital stock have been duly and validly authorized and issued and are fully paid and nonassessable and have been offered, issued, sold and delivered in compliance with applicable federal and state securities laws. The number of shares of the Borrower's capital stock reserved for issuance as set forth on Schedule 6(a) is not subject to adjustment by reason of the issuance of the Lender Warrants or the common stock issuable upon the exercise thereof. Neither the Borrower nor any of its Subsidiaries is a party to any "phantom stock" employee stock option plan, other equity-based incentive plan or similar agreement, other than as specifically disclosed on Schedule 6(a). Except as set forth on Schedule 6(a), (i) there are no preemptive or similar rights to purchase or otherwise acquire equity securities of, or interests in, the Borrower or any of its Subsidiaries pursuant to any Requirement of Law or Contractual Obligation applicable to the Borrower or any of its Subsidiaries and (ii) no registration rights under the Securities Act have been granted by the Borrower or any of its Subsidiaries with respect to its equity securities or interest, other than the Registration Rights Agreement and the Registration Rights Agreement delivered pursuant to the Restructuring Agreement.
Authorized and Issued Capital. The authorized capital of the Corporation consists of 2,500 shares of Common Stock, of which 100 shares of Common Stock (and no more) have been duly issued and are outstanding as fully paid and non-assessable. The Purchased Shares represent all of the issued and outstanding capital stock of the Corporation.
Authorized and Issued Capital. The authorized capital of the Purchaser consists of an unlimited number of common shares, of which 31,242,285 are outstanding as fully paid and non-assessable as of the date hereof; and
Authorized and Issued Capital. The authorized capital of the Corporation consists of an unlimited number of Common Shares without par value of which 98,978,154 Common Shares were issued and outstanding as of January 25, 2023 as fully paid and non-assessable shares in the capital of the Corporation;
Authorized and Issued Capital. The authorized capital of the Corporation consists of an unlimited number of common shares of which 300 have been validly issued and are outstanding as fully paid and non-assessable. No options, warrants or other rights for the purchase, subscription or issuance of shares or other securities of the Corporation or securities convertible into or exchangeable for shares of the Corporation have been authorized or agreed to be issued or are outstanding.
Authorized and Issued Capital. The authorized capital of MFI consists of an unlimited number of common shares and an unlimited number of special shares, of which at the date of this Agreement, 350 Special Shares, 516,907 Special B Shares, and 1 Common Share have been duly issued and are outstanding as fully paid and non-assessable. Xxxxxxx is the registered and beneficial owner of 350 Special Shares and 516,907 Special B Shares in the capital of MFI and Xxxxx is the registered and beneficial owner of 1 Common Share in the capital of MFI.
Authorized and Issued Capital. The Corporation is authorized to issue an unlimited number of Common Shares and an unlimited number of preferred shares, of which the number of Common Shares set forth on Schedule A attached hereto were issued and outstanding as fully paid and non-assessable shares and nil preferred shares were issued and outstanding as of the date hereof.
Authorized and Issued Capital. (i) The authorized capital of Company consists of an unlimited number of Company Common Shares. As of the close of business on the date of this Agreement, there were (A) 27,626,061 Company Common Shares issued and outstanding, (B) outstanding Company Options to purchase 2,626,039 Company Common Shares and (C) outstanding Company Warrants to purchase 2,554,903 Company Common Shares.
Authorized and Issued Capital. The authorized capital of the Company consists of 52,000 ordinary shares of which, at this date, 52,000 ordinary shares (and no more) have been issued and are outstanding as fully paid. All of the Purchased Shares have been issued in compliance with all applicable laws including, without limitation, applicable securities laws. Except as disclosed in this paragraph (g), there are no securities, options, warrants, stock appreciation rights, restricted stock units, conversion privileges or other rights, agreements, arrangements or commitments (pre-emptive, contingent or otherwise) of any character whatsoever to which the Company or any of its subsidiaries is a party or by which any of the Company or its subsidiaries may be bound, obligating or which may obligate the Company or any of its subsidiaries to issue, grant, deliver, extend, or enter into any such security, option, warrant, stock appreciation right, restricted stock unit, conversion privilege or other right, agreement, arrangement or commitment and no dividend or distribution of any kind is or has been declared, paid or made by the Company on any of the Purchased Shares for the benefit of any Vendor;
