Common use of Capital and Surplus Clause in Contracts

Capital and Surplus. Subject to the provisions of these Articles, the Memorandum (which includes the Preemptive Rights) and any resolution of members, the unissued shares of the Company shall be at the disposal of the Board of Directors who may, without limiting or affecting any rights previously conferred on the holders of any existing shares or class or series of shares offer, allot, grant options over or otherwise dispose of shares to such persons, at such times and upon such terms and conditions as the Company may by resolution of directors determine.

Appears in 3 contracts

Sources: Shareholders Agreement (Michael Kors Holdings LTD), Restructuring Agreement (Michael Kors Holdings LTD), Subscription Agreement (Michael Kors Holdings LTD)