Capital Stock of the Issuer. All of the issued and outstanding shares of capital stock of the Issuer have been duly authorized and validly issued, are fully paid and nonassessable, and were not issued in violation of, and are not subject to, any preemptive or similar rights.
Capital Stock of the Issuer. The Pledgor represents that it is the registered and beneficial owner of the shares of capital stock and percentage of the total of all such equity interests or voting securities of the Issuer set forth on Schedule 1 hereto, as such schedule may be amended by the Pledgor from time to time, which stock and voting securities are owned free and clear of all liens, warrants, options, rights to purchase, rights of first refusal and other interests of any person other than those of the Lenders, as provided for in connection with the Repurchase Right, or as permitted by the BLA. The outstanding shares of capital stock and voting securities of the Issuer have been duly authorized and are validly issued, fully paid and non-assessable. The Pledgor shall amend Schedule 1 from time to time as necessary for the information thereon to be true and correct. Schedule 1 shall be amended by the Pledgor’s delivery of an amended Schedule 1 to Great Western in accordance with Section 2 of this Pledge Agreement.
Capital Stock of the Issuer. The completion of the Merger will not affect or change the number of shares of the Issuer's capital stock authorized in the Issuer's Certificate of Incorporation and, except pursuant to the Reverse Split or as otherwise provided in this Agreement, will not affect or change the shares of Issuer Common Stock which are outstanding as of the date of this Agreement; provided, however, that the Issuer shall not issue any additional shares of its capital stock, or rights to purchase its capital stock, prior to the Merger, the maximum number of shares of Common Stock which the Issuer will have outstanding immediately prior to the Merger after giving effect to the Reverse Split (and not taking into account the additional shares which will result from rounding up to the nearest whole the fractional shares which will result from the Reverse Split) will be 3,723,980 shares, the Issuer will have, immediately prior to the Merger, no options, warrants or other rights to purchase its capital stock other than stock options to purchase 44,020 shares of Issuer Common Stock after giving effect to the Reverse Split, and, except as provided in this Agreement, the Issuer will have no other class of capital stock outstanding immediately prior to the Merger.
Capital Stock of the Issuer. The Pledgor represents that it is the registered and beneficial owner of the shares of capital stock and percentage of the total of all such equity interests or voting securities of the Issuer set forth on Schedule 1 hereto, as such schedule may be amended by the Pledgor from time to time, which stock and voting securities are owned free and clear of all liens, warrants, options, rights to purchase, rights of first refusal and other interests of any person other than those of the Lenders, as provided for in connection with the Repurchase Right, or as permitted by the BLA. The outstanding shares of capital stock and voting securities of the Issuer have been duly authorized and are validly issued, fully paid and non-assessable. The Pledgor shall amend Schedule 1 from time to time as necessary for the information thereon to be true and correct. Schedule 1 shall be amended by the Pledgor’s delivery of an amended Schedule 1 to Dacotah in accordance with Section 2 of this Pledge Agreement.
