Capitalization of Borrowers Sample Clauses

Capitalization of Borrowers. The capitalization of each of World Solutions and World Source (expressed both in terms of total number of shares and percentage of each class of stock) is set forth on Exhibit 7.13. All of the issued and outstanding shares of capital stock of each of World Solutions and World Source have been duly authorized and validly issued and are fully paid and nonassessable. No authorized but unissued shares and no treasury shares of World Solutions or World Source are subject to any option, warrant, right to call or commitment of any kind or character except those arising pursuant to the Plans. All of the issued and outstanding shares of capital stock of Holding Company have been duly authorized and validly issued and are fully paid and nonassessable.
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Capitalization of Borrowers. The outstanding equity of each Borrower has been duly authorized and validly issued. All capital stock is fully paid and nonassessable. J & J owns directly or indirectly through other Borrowers, all of the capital stock of each other Borrower. There are no options, warrants, calls, or similar rights relating to equity of the Borrowers.
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Capitalization of Borrowers. The capitalization of each of the Borrowers as of July 31, 2000 is set forth on Exhibit H and is correct and accurate in all material respects. All of the issued and outstanding shares of capital stock of the Borrowers has been duly and validly issued and are fully paid and nonassessable. None of the shares of capital stock of the Borrowers has been issued in violation of the Securities Act of 1933, as amended, or the securities or "Blue Sky" or any other applicable laws, rules or regulations of any applicable jurisdiction. Except as set forth in documents filed with the Securities and Exchange Commission as exhibits to Trendwest's Form 10-K, as of the Closing Date, Trendwest does not have any commitment or obligation, either firm or conditional, to issue, deliver, purchase or sell, under any offer, option agreement, bonus agreement, purchase plan, incentive plan, compensation plan, warrant, conversion rights, contingent share agreement, shareholders agreement, partnership agreement or otherwise, any shares of its capital stock, or other equity securities or securities convertible into shares of capital stock.
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Capitalization of Borrowers. Authorized Stock Outstanding Stock ---------------- ----------------- Company Common Preferred Common Preferred ------- ------ --------- ------ --------- Harold's Stores, Inc. 25,000,000 Series 2001-A 500,000 6,223,508 Series 2001-A 342,653 Series 2002-A 300,000 Series 2002-A 231,550 Series 2003-A 100,000 Series 2003-A 56,742 Series 2006-A 100,000 Series 2006-A 25,000(1) Harold's Financial Corporation 20,000 180,000 20,000 180,000 Harold's Direct, Inc. 50,000 N/A 50,000 N/A Harold's Limited Partners, Inc. 50,000 N/A 500 N/A Harold's DBO, Inc. 50,000 N/A 1,000 N/A HSTX, Inc. 50,000 N/A 1,000 N/A Harold's of Jackson, Inc. 50,000 50,000 00,000 50,000 The Corner Properties, Inc. 50,000 N/A 50,000 N/A Harold's of Texas, Inc. 25,000 N/A 10,000 N/A a/k/a Southcoast Plaza, Inc. Harold's of White Flint, Inc. 10,000 N/A 10,000 N/A Harold's Stores of Texas, L.P.- owned by HSTX, Inc. (1%) and Harold's Limited Partners, Inc. (99%)
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Capitalization of Borrowers. Schedule 5.1(b) hereto sets forth (i) for each corporate Borrower (other than Genesis), (A) the authorized capitalization, (B) the names of the owners (indicating whether they are Borrowers) of the outstanding capital stock, (C) the number and class of shares issued to each such owner and (D) the percentage of outstanding shares of each class of capital stock owned by each such owner, and (ii) for each Borrower which is a partnership, (A) the names of the owners (indicating whether they are Borrowers) of the outstanding equity thereof and (B) the percentage ownership interest of, and type of equity issued to, each such owner. The outstanding equity of each Borrower has been duly authorized and validly issued. All capital stock is fully paid and nonassessable. Each Borrower owns beneficially and of record and has good title to all equity indicated as being owned by it on said Schedule 5.1(b), free and clear of any Lien, except for Liens in favor of the Collateral Agent, for the benefit of the Secured Parties, as contemplated by the Loan Documents and other Permitted Liens. There are no options, warrants, calls, or similar rights relating to equity of the Borrowers. No Excluded Subsidiary has any equity interest in any Borrower.
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Capitalization of Borrowers. There is set forth in EXHIBIT 5.3.1 a complete description of the capitalization of each Borrower, after giving effect to the issuance of the Exchangeable Preferred Stock. All of the capital stock of each Borrower is validly issued, fully paid and non-assessable, and all of such capital stock and the Senior Subordinated Notes have been issued and sold in compliance with all applicable federal and state laws, rules and regulations, including, without limitation, all so-called "Blue-Sky" laws. All of the CBC Common Stock is owned beneficially and of record by Guarantor and all of the CLI Capital Stock is owned beneficially and of record by CBC, in each case free and clear of all Liens except the Security Interests.
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Capitalization of Borrowers. The capitalization of each Borrower (expressed both in terms of total number of shares and percentage of each class of stock) is set forth on Exhibit 7.13. All of the issued and outstanding shares of capital stock of each Borrower have been duly authorized and validly issued and are fully paid and nonassessable. No authorized but unissued shares and no treasury shares of any Borrower are subject to any option, warrant, right to call or commitment of any kind or character except those arising pursuant to the Plans.
Sample 1
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Capitalization of Borrowers. The following table sets forth the authorized capital Stock of each Borrower, by class, and a description of the number of shares of each such class that are issued and outstanding, in each case as of the Closing Date. Name Class of Securities Number of Securities Issued and Outstanding Number of Securities Authorized Wabash National Corporation Common Stock 68,521,401 200,000,000 Preferred Stock - 25,000,000 Wabash National, L.P. N/A N/A N/A Wabash Wood Products, Inc. Common Stock 100 100 Transcraft Corporation Common Stock 915 3,000 Preferred Stock - 17,000 Wabash National Trailer Centers, Inc. Common Stock 100 400 Preferred Stock - 100 Wabash National Corporation also had 1,988,829 stock options outstanding as of May 31, 2011. Schedule 4.1(c): Capitalization of Borrowers’ Subsidiaries Name Class of Securities Number of Securities Issued and Outstanding Record Owners Number of Securities Authorized Wabash National, L.P. N/A N/A Wabash National Corporation** and Wabash National Trailer Centers, Inc.* N/A Wabash Wood Products, Inc. Common Stock 100 Wabash National Corporation 100 Transcraft Corporation Common Stock 915 Wabash National 3,000 Preferred Stock - Corporation 17,000 Wabash National Trailer Centers, Inc. Common Stock 100 Wabash National 400 Preferred Stock - Corporation 100 WNC Receivables Management Corp. Common Stock 100 Wabash National Corporation 100 WNC Receivables, LLC N/A N/A Wabash National Trailer Centers, Inc. and Wabash National, L.P. N/A Wabash Financing LLC N/A N/A Wabash National Corporation N/A Cloud Oak Flooring Company, Inc. Common Stock 890 Wabash National Corporation 1,000 Wabash National Manufacturing, L.P. N/A N/A Wabash National Corporation* and Wabash National Trailer Centers, Inc.** N/A Wabash National Services, L.P. N/A N/A Wabash National Trailer Centers, Inc.* and Wabash National , L.P.** N/A FTSI Distribution Company, L.P. N/A N/A Wabash National Corporation** and Wabash National Trailer Centers, Inc.* N/A National Trailer Funding, L.L.C. N/A N/A Wabash National Trailer Centers, Inc. N/A Continental Transit Corporation Common Stock 100 Wabash National Corporation 100 * Indicates a general partner ** Indicates a limited partner Schedule 4.1(d): Subscriptions, Options, Warrants, or Calls relating to any shares of Borrowers’ Subsidiaries There are no subscriptions, options, warrants, or calls relating to any shares of Borrowers’ Subsidiaries’ capital Stock. Schedule 4.6(a): States of Organization Name Jurisdiction of Orga...
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Related to Capitalization of Borrowers

  • Organization of Borrower With respect to each Mortgage Loan, in reliance on certified copies of the organizational documents of the Borrower delivered by the Borrower in connection with the origination of such Mortgage Loan, the Borrower is an entity organized under the laws of a state of the United States of America, the District of Columbia or the Commonwealth of Puerto Rico. Except with respect to any Crossed Mortgage Loan, no Mortgage Loan has a Borrower that is an Affiliate of another Borrower under another Mortgage Loan. (An “Affiliate” for purposes of this paragraph (39) means, a Borrower that is under direct or indirect common ownership and control with another Borrower.)

  • Condition of Borrowers Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrowers and any other guarantor such information concerning the financial condition, business and operations of the Borrowers and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it any information relating to the business, operations or financial condition of the Borrowers or any other guarantor (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).

  • Location of Borrower The Borrower's place of business (or, if the Borrower has more than one place of business, its chief executive office) is located at the address listed under the Borrower's signature on this Agreement.

  • Condition of Borrower Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).

  • Adjustments of Borrowings upon Effectiveness of Increase On the Commitment Increase Date, the Borrower shall (A) prepay the outstanding Loans (if any) of the affected Class in full, (B) simultaneously borrow new Loans of such Class hereunder in an amount equal to such prepayment; provided that with respect to subclauses (A) and (B), (x) the prepayment to, and borrowing from, any existing Lender shall be effected by book entry to the extent that any portion of the amount prepaid to such Lender will be subsequently borrowed from such Lender and (y) the existing Lenders, the Increasing Lenders and the Assuming Lenders shall make and receive payments among themselves, in a manner acceptable to the Administrative Agent, so that, after giving effect thereto, the Loans of such Class are held ratably by the Lenders of such Class in accordance with the respective Commitments of such Class of such Lenders (after giving effect to such Commitment Increase) and (C) pay to the Lenders of such Class the amounts, if any, payable under Section 2.15 as a result of any such prepayment. Concurrently therewith, the Lenders of such Class shall be deemed to have adjusted their participation interests in any outstanding Letters of Credit of such Class so that such interests are held ratably in accordance with their commitments of such Class as so increased.

  • Financial Covenants of Borrower In the event of a conflict between this Schedule and the Loan Agreement, the terms of the Loan Agreement shall govern. Dated: ____________________

  • Cooperation of Borrower If necessary, Borrower agrees to (i) execute any documents (including new Secured Promissory Notes) reasonably required to effectuate and acknowledge each assignment of a Term Loan Commitment or Loan to an assignee in accordance with Section 12.1, (ii) make Borrower’s management available to meet with Collateral Agent and prospective participants and assignees of Term Loan Commitments or Credit Extensions (which meetings shall be conducted no more often than twice every twelve months unless an Event of Default has occurred and is continuing), and (iii) assist Collateral Agent or the Lenders in the preparation of information relating to the financial affairs of Borrower as any prospective participant or assignee of a Term Loan Commitment or Term Loan reasonably may request. Subject to the provisions of Section 12.9, Borrower authorizes each Lender to disclose to any prospective participant or assignee of a Term Loan Commitment, any and all information in such Lender’s possession concerning Borrower and its financial affairs which has been delivered to such Lender by or on behalf of Borrower pursuant to this Agreement, or which has been delivered to such Lender by or on behalf of Borrower in connection with such Lender’s credit evaluation of Borrower prior to entering into this Agreement.

  • Calculation of Borrowing Base For purposes of this Agreement, the “Borrowing Base” shall be determined, as at any date of determination, as the sum of the products obtained by multiplying (x) the Value of each Eligible Portfolio Investment by (y) the applicable Advance Rate; provided that:

  • Financial Condition of Borrower Any Credit Extension may be made to Borrower or continued from time to time without notice to or authorization from any Guarantor regardless of the financial or other condition of Borrower at the time of any such grant or continuation. No Beneficiary shall have any obligation to disclose or discuss with any Guarantor its assessment, or any Guarantor’s assessment, of the financial condition of Borrower. Each Guarantor has adequate means to obtain information from Borrower on a continuing basis concerning the financial condition of Borrower and its ability to perform its obligations under the Credit Documents, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of Borrower and of all circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations. Each Guarantor hereby waives and relinquishes any duty on the part of any Beneficiary to disclose any matter, fact or thing relating to the business, operations or conditions of Borrower now known or hereafter known by any Beneficiary.

  • Authorization of Borrowing Etc The execution, delivery and performance of each Loan Document to which it is a party have been duly authorized by all necessary action on the part of each Credit Party.

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