Capitalization of APP Sample Clauses

Capitalization of APP. The authorized share capital of APP is as set forth in Section 3.2 of the Disclosure Schedule. All the Shares are issued and outstanding as of the date of this Agreement. All of the Shares are duly authorized, validly issued, fully paid and non-assessable and, except as set forth in Section 3.2 of the Disclosure Schedule, free of any preemptive rights in respect thereto. Except as set forth in Section 3.2 of the Disclosure Schedule, there are no outstanding (a) securities convertible into or exchangeable for the capital stock of APP, (b) options, warrants or other rights to purchase or subscribe for capital stock of APP or (c) contracts, commitments, agreements, understandings or arrangements of any kind relating to the issuance of any capital stock of APP, any such convertible or exchangeable securities or any such options, warrants or rights, pursuant to which, in any of the foregoing cases, APP is subject or bound. Except as set forth in Section 3.2 of the Disclosure Schedule, there are no voting trusts, stockholders’ agreements or other similar instruments restricting or relating to the rights of the holders of Shares to vote, transfer or receive dividends with respect to the Shares.