Common use of Authorized Capitalization Clause in Contracts

Authorized Capitalization. As of the date of this Agreement, the authorized capitalization of Buyer consists of (i) 1,000,000,000 shares of common stock, par value $0.01 per share, of which 367,735,954 shares are issued and outstanding and (ii) 25,000,000 shares of undesignated preferred stock, par value $0.01 per share, none of which are issued and outstanding. Buyer has no other capital stock authorized, issued or outstanding. There are no outstanding or authorized stock appreciation, phantom stock, profit participation, or similar rights with respect to Buyer. With respect to any Buyer Common Stock that has been issued subject to a right of repurchase on the part of the Company, Disclosure Schedule 4.2(a) sets forth the holder thereof, the number and type of securities covered thereby, and the vesting schedule thereof (including a description of the circumstances under which such vesting schedule can or will be accelerated).

Appears in 10 contracts

Samples: Agreement and Plan of Merger (Neomedia Technologies Inc), Agreement and Plan of Merger (Neomedia Technologies Inc), Agreement and Plan of Merger (Neomedia Technologies Inc)

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Authorized Capitalization. As of the date of this Agreement, the authorized capitalization of Buyer the Company consists of (i) 1,000,000,000 50,000,000 shares of common stock, par value $0.01 .001 per share, of which 367,735,954 32,060,897 shares are issued and outstanding and (ii) 25,000,000 5,000,000 shares of undesignated preferred stock, par value $0.01 .001 per share, none of which are issued and outstanding. Buyer The Company has no other capital stock authorized, issued or outstanding. There are no outstanding or authorized stock appreciation, phantom stock, profit participation, or similar rights with respect to Buyerthe Company. With respect to any Buyer Company Common Stock that has been issued subject to a right of repurchase on the part of the Company, Disclosure Schedule 4.2(a3.2(a) sets forth the holder thereof, the number and type of securities covered thereby, and the vesting schedule thereof (including a description of the circumstances under which such vesting schedule can or will be accelerated).

Appears in 9 contracts

Samples: Agreement and Plan of Merger (Neomedia Technologies Inc), Agreement and Plan of Merger (Neomedia Technologies Inc), Agreement and Plan of Merger (Neomedia Technologies Inc)

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Authorized Capitalization. As of the date of this Agreement, the authorized capitalization of Buyer the Company consists of (i) 1,000,000,000 50,000,000 shares of common stock, par value $0.01 .001 per share, of which 367,735,954 32,060,897 shares are issued and outstanding and (ii) 25,000,000 5,000,000 shares of undesignated preferred stock, par value $0.01 .001 per share, none NONE of which are issued and outstanding. Buyer The Company has no other capital stock authorized, issued or outstanding. There are no outstanding or authorized stock appreciation, phantom stock, profit participation, or similar rights with respect to Buyerthe Company. With respect to any Buyer Company Common Stock that has been issued subject to a right of repurchase on the part of the Company, Disclosure Schedule 4.2(a3.2(a) sets forth the holder thereof, the number and type of securities covered thereby, and the vesting schedule thereof (including a description of the circumstances under which such vesting schedule can or will be accelerated).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Neomedia Technologies Inc)

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