Common use of Capitalization of Subsidiaries Clause in Contracts

Capitalization of Subsidiaries. The outstanding shares of capital stock of (or other equity interests in) each of the Company’s Subsidiaries have been duly authorized and validly issued and are fully paid and (if applicable) nonassessable and have not been issued in violation of any preemptive or similar rights. The Company or one or more of its wholly owned Subsidiaries own of record and beneficially all the issued and outstanding shares of capital stock of (or other equity interests in) such Subsidiaries free and clear of any Liens other than (a) such Liens as may be set forth in the certificate of formation, limited liability company agreement, limited 041945-0274-16051-Active.21513949.1 partnership agreement, certificate of incorporation or bylaws, or similar organizational documents of such Subsidiary, (b) for any restrictions on sales of securities under applicable securities Laws and (c) Permitted Liens. There are no outstanding options, warrants, rights, stock appreciation rights, phantom stock or similar equity equivalent rights or other securities convertible into or exercisable or exchangeable for any shares of capital stock of (or other equity interests in) such Subsidiaries, any other commitments or agreements providing for the issuance of additional shares (or other equity interests), the sale of treasury shares, or for the repurchase or redemption of such Subsidiaries’ shares of capital stock (or other equity interests), or any agreements of any kind which may obligate any Subsidiary of the Company to issue, purchase, register for sale, redeem or otherwise acquire any of its shares of capital stock (or other equity interests). Except for the equity interests of the Subsidiaries set forth on Schedule 4.2, neither the Company nor any of its Subsidiaries owns any equity interest in any other Person.

Capitalization of Subsidiaries. (a) The outstanding shares of capital stock of (or other equity interests in) each of the Company’s Subsidiaries have been duly authorized and validly issued and are fully paid and nonassessable. (if applicableb) nonassessable and have not been issued in violation Except as set forth on Section 4.7 of any preemptive or similar rights. The the Company Disclosure Letter, the Company or one or more of its wholly owned Subsidiaries own of record and beneficially all the issued and outstanding shares of capital stock of (or other equity interests in) such Subsidiaries free and clear of any Liens other than Permitted Liens. (ac) such Liens as may be set For each of the Company’s Subsidiaries not so wholly owned by the Company or one or more of its Subsidiaries, Section 4.7 of the Company Disclosure Letter sets forth in the certificate number of formationall issued and outstanding securities, limited liability company agreementincluding shares of each class of capital stock or equity interests, limited 041945-0274-16051-Active.21513949.1 partnership agreement, certificate the names of incorporation the holders thereof and the number of shares or bylaws, or similar organizational documents equity interests held by each holder of such Subsidiary. Except as set forth on Section 4.7 of the Company Disclosure Letter, (b) for any restrictions on sales of securities under applicable securities Laws and (c) Permitted Liens. There there are no outstanding subscriptions, options, warrants, rights, stock appreciation rights, phantom stock or similar equity equivalent rights or other securities convertible into or exercisable or exchangeable for any shares of capital stock of (or other equity interests in) such Subsidiaries, any other commitments commitments, calls, conversion rights, rights of exchange or privilege (whether pre-emptive, contractual or by matter of Law), plans or other agreements of any character providing for the issuance of additional shares (or other equity interests)shares, the sale of treasury sharesshares or other equity interests, or for the repurchase or redemption of shares or other equity interests of such Subsidiaries’ shares of capital stock (or other equity interests)stock, or any voting trusts, proxies or agreements of any kind which may obligate any Subsidiary of the Company to issue, purchase, register for sale, redeem or otherwise acquire any of its shares of capital stock (or other equity interests). Except for the equity interests of the Subsidiaries set forth on Schedule 4.2, neither the Company nor any of its Subsidiaries owns any equity interest in any other Personstock.

Capitalization of Subsidiaries. The outstanding shares of capital stock membership interests of (or other equity interests in) each of the Company’s Subsidiaries have been duly authorized and validly issued and are fully paid and (if applicable) nonassessable and have not been issued in violation of any preemptive or similar rights. The Except as set forth on Schedule 4.7, the Company or one or more of its wholly owned Subsidiaries own of record and beneficially all of the issued and outstanding shares of capital stock of membership interests (or other equity interests ininterests) of such Subsidiaries free and clear of any Liens Liens, other than (a) such Liens as may be set forth in the certificate of formation, limited liability company agreement, limited 041945-0274-16051-Active.21513949.1 partnership agreement, certificate of incorporation or bylaws, or similar organizational documents of such Subsidiary, (b) for any restrictions on sales of securities under applicable securities Laws and or (cb) Permitted Liens. There Except as set forth on Schedule 4.7, there are no outstanding options, warrants, rights, stock appreciation rights, phantom stock or similar equity equivalent rights or other securities convertible into or exercisable or exchangeable for any shares of capital stock membership interests of (or other equity interests in) such Subsidiaries, any other commitments or agreements providing for the issuance of additional shares membership interests of (or other equity interests)interests in) such Subsidiaries, the sale of treasury sharesmembership interests of (or other equity interests in) such Subsidiaries, or for the repurchase or redemption of such Subsidiaries’ shares membership interests of capital stock (or other equity interests)interests in) such Subsidiaries, or any agreements of any kind which may obligate any Subsidiary of the Company to issue, purchase, register for sale, redeem or otherwise acquire any of its shares of capital stock membership interests (or other equity interests). Except for the membership interests of (or other equity interests of in) the Subsidiaries set forth on Schedule 4.2, neither none of the Company nor any of its Subsidiaries owns own any equity equity, partnership, membership or similar interest in any other Person.

Capitalization of Subsidiaries. (a) The outstanding shares of capital stock of (or other equity interests in) each of the Company’s Subsidiaries have been duly authorized and validly issued and are fully paid and nonassessable. (if applicableb) nonassessable and have not been issued in violation Except as set forth on Section 4.7(b) of any preemptive or similar rights. The the Company Disclosure Letter, the Company or one or more of its wholly owned Subsidiaries collectively own of record and beneficially all the issued and outstanding shares of capital stock of (or other equity interests in) such Subsidiaries free and clear of any Liens other than Permitted Liens. (ac) such Liens as may be set For each of the Company’s Subsidiaries not so wholly owned by the Company or one or more of its Subsidiaries, Section 4.7(c) of the Company Disclosure Letter sets forth in the certificate number of formationall issued and outstanding securities, limited liability company agreementincluding shares of each class of capital stock or equity interests, limited 041945-0274-16051-Active.21513949.1 partnership agreement, certificate the names of incorporation the holders thereof and the number of shares or bylaws, or similar organizational documents equity interests held by each holder of such Subsidiary. Except as set forth on Section 4.7(c) of the Company Disclosure Letter, (b) for any restrictions on sales of securities under applicable securities Laws and (c) Permitted Liens. There there are no outstanding subscriptions, options, warrants, rights, stock appreciation rights, phantom stock or similar equity equivalent rights or other securities convertible into or exercisable or exchangeable for any shares of capital stock of (or other equity interests in) such Subsidiaries, any other commitments commitments, calls, conversion rights, rights of exchange or privilege (whether pre-emptive, contractual or by matter of Law), plans or other agreements of any character providing for the issuance of additional shares (or other equity interests)shares, the sale of treasury sharesshares or other equity interests, or for the repurchase or redemption of shares or other equity interests of such Subsidiaries’ shares of capital stock (or other equity interests)stock, or any voting trusts, proxies or agreements of any kind which may obligate any Subsidiary of the Company to issue, purchase, register for sale, redeem or otherwise acquire any of its shares of capital stock (or other equity interests). Except for the equity interests of the Subsidiaries set forth on Schedule 4.2, neither the Company nor any of its Subsidiaries owns any equity interest in any other Personstock.

Capitalization of Subsidiaries. Schedule 4.7 lists every Subsidiary of the Company including the authorized and issued equity securities of each such Subsidiary. The outstanding shares of capital stock of (or other equity interests in) each of the Company’s Subsidiaries have been duly authorized and validly issued and (if applicable) are fully paid and (if applicable) nonassessable and have not been issued in violation of any preemptive or similar rightsrights of any Person. The Except as set forth on Schedule 4.7, (a) the Company or one or more of its wholly owned Subsidiaries own of record and beneficially all the issued and outstanding shares of capital stock of (or other equity interests in) such Subsidiaries free and clear of any Liens other than (ai) such Liens as may be set forth in the certificate of formation, limited liability company agreement, limited 041945-0274-16051-Active.21513949.1 partnership agreement, certificate of incorporation or bylaws, or similar organizational documents Organizational Documents of such Subsidiary, (bii) for any restrictions on sales of securities under applicable securities Laws and (ciii) Liens described in subclauses (iv) and (vi) of the definition of Permitted LiensLiens and (b) neither the Company nor any of its Subsidiaries owns, directly or indirectly, any capital stock or other equity, ownership, proprietary or voting interest in any Person other than the Subsidiaries of the Company set forth on Schedule 4.7. There Except as set forth on Schedule 4.7, (i) there are no outstanding options, warrants, rightscalls, stock appreciation rights, phantom stock or similar equity equivalent rights or other securities convertible into or exercisable or exchangeable for any shares of capital stock of (or other equity or voting interests in) such Subsidiaries, any other commitments or agreements (including preemptive rights) providing for the issuance of additional shares (or other equity interests), the sale of treasury shares, or for the repurchase or redemption of such Subsidiaries’ shares of capital stock (or other equity interests)) or any securities convertible into, exchangeable for, or evidencing the right to subscribe for or acquire, any equity or voting interests in such Subsidiaries, (ii) there are no agreements of any kind which may obligate any Subsidiary of the Company to issue, purchase, register for sale, redeem or otherwise acquire any of its shares of capital stock (or other equity interests). Except for , (iii) there are no outstanding or authorized stock appreciation, phantom stock, profit participation or similar rights with respect to the equity or voting interests of the Subsidiaries set forth on Schedule 4.2in, neither the Company nor such Subsidiaries, (iv) no such Subsidiary has any of its Subsidiaries owns Voting Debt issued or outstanding and (v) there are no irrevocable proxies and no voting agreements with respect to any equity interest in or voting interests in, any other Personsuch Subsidiaries.

Capitalization of Subsidiaries. The outstanding shares of capital stock of (or other equity interests in) each of the Company’s Subsidiaries have been duly authorized and validly issued and are fully paid and (if applicable) nonassessable and have were not been issued in violation of any preemptive or similar rightsrights created by statute, the certificate of incorporation or bylaws of the relevant Subsidiary, or any agreement to which the applicable Subsidiary is a party or by which it is bound, and have been issued in compliance with applicable federal and state securities or “blue sky” Laws, except as would not reasonably be expected to result in material liability to the Company. The Except as set forth on Schedule 4.7, the Company or one or more of its wholly owned Subsidiaries own of record and beneficially all the issued and outstanding shares of capital stock of (or other equity interests in) such Subsidiaries free and clear of any Liens other than (a) such Liens as may be set forth in the certificate of formation, limited liability company agreement, limited 041945-0274-16051-Active.21513949.1 partnership agreement, certificate of incorporation or bylaws, or similar organizational governing documents of such Subsidiary, (b) for any restrictions on sales of securities under applicable securities Laws and or (c) Permitted Liens. There Except as set forth on Schedule 4.7, there are no outstanding options, warrants, rights, stock appreciation rights, phantom stock or similar equity equivalent rights or other securities convertible into or exercisable or exchangeable for any shares of capital stock of (or other equity interests in) such Subsidiaries, any other commitments or agreements providing for the issuance of additional shares (or other equity interests)shares, the sale of treasury shares, or for the repurchase or redemption of shares of such Subsidiaries’ shares of capital stock (or other equity interests)stock, or any agreements of any kind which may obligate any Subsidiary of the Company to issue, purchase, register for sale, redeem or otherwise acquire any of its shares of capital stock (or other equity interests). Except for the equity interests of the Subsidiaries set forth on Schedule 4.2, neither the Company nor any of its Subsidiaries owns any equity interest in any other Personstock.

Capitalization of Subsidiaries. The outstanding shares Equity Interests of capital stock of (or other equity interests in) each of the Company’s Subsidiaries have been duly authorized and validly issued and are fully paid and (nonassessable, if applicable) nonassessable , and have were not been issued in violation of any securities Laws or any preemptive or similar rights. The Except as set forth on Schedule 4.7, the Company or one or more of its wholly owned Subsidiaries own of record and beneficially all of the issued and outstanding shares Equity Interests of capital stock of (or other equity interests in) such Subsidiaries free and clear of any Liens other than (a) such Liens as may be set forth in the certificate of formation, limited liability company agreement, limited 041945-0274-16051-Active.21513949.1 partnership agreement, certificate of incorporation or bylaws, or similar organizational governing documents of such Subsidiary, (b) for any restrictions on sales of securities under applicable securities Laws and or (c) Permitted Liens. There Except as set forth on Schedule 4.7, there are no outstanding options, warrants, rights, stock appreciation rights, phantom stock or similar equity equivalent rights or other securities convertible into or exercisable or exchangeable for any shares Equity Interest of capital stock of (or other equity interests in) such Subsidiaries, any other commitments or agreements providing for the issuance of additional shares (or other equity interests)Equity Interests of such Subsidiaries, the sale of treasury sharesEquity Interests of such Subsidiaries, or for the repurchase or redemption of Equity Interests of such Subsidiaries’ shares of capital stock (or other equity interests), or any agreements of any kind which may obligate any Subsidiary of the Company to issue, purchase, register for sale, redeem or otherwise acquire any of its shares of capital stock (or other equity interests)Equity Interests. Except for the equity interests Equity Interests of the Subsidiaries set forth on Schedule 4.2, neither none of the Company nor any of its Subsidiaries owns own any equity equity, partnership, membership or similar interest in any other Person.

Capitalization of Subsidiaries. (a) Schedule 4.8(a) sets forth a complete and accurate list of the authorized, issued and outstanding Capital Stock of (x) each of the Subsidiaries of the Company that is not wholly owned by the Company or a Subsidiary of the Company, and (y) each of the Subsidiaries of the Partnerships. (b) The outstanding shares of capital stock Capital Stock of (or other equity interests in) each of the Company’s Subsidiaries of the Company and each of the Subsidiaries of the Partnerships have been duly authorized and validly issued and are fully paid and nonassessable. Except as set forth on Schedule 4.8(b), (if applicablei) nonassessable and have not been issued in violation of any preemptive or similar rights. The the Company or one or more of its wholly owned Subsidiaries own of record and beneficially all the issued and outstanding shares Capital Stock of capital stock the Subsidiaries, and (ii) the Partnerships own of record and beneficially all the issued and outstanding Capital Stock of the Subsidiaries of the Partnerships, in each case in the case of clause (or other equity interests ini) such Subsidiaries and (ii), free and clear of any Liens other than (aA) such Liens as set forth in Schedule 4.8(b), (B) for any restrictions on sales of securities under applicable securities Laws, or (C) as may be set forth in the certificate of formation, limited liability company agreement, limited 041945-0274-16051-Active.21513949.1 partnership agreement, certificate of incorporation or bylaws, or similar organizational governing documents of such Subsidiary. Except as set forth on Schedule 4.8(b), (b) for the Company and its Subsidiaries do not own any restrictions on sales Capital Stock of securities under applicable securities Laws and (c) Permitted Liens. There any Person other than the Partnerships, the Partnerships do not own any Capital Stock of any Person other than the Subsidiaries of the Partnerships, there are no outstanding options, warrants, rights, stock appreciation rights, phantom stock or similar equity equivalent rights or other securities convertible into or exercisable or exchangeable for any shares Capital Stock of capital stock any of (the Company’s Subsidiaries or other equity interests in) such Subsidiariesany Subsidiaries of the Partnerships, any other commitments or agreements providing for the issuance by any Subsidiary of additional shares (the Company or other equity interests)any Partnership of any Capital Stock, the sale by any Subsidiary of the Company or any Subsidiary of any Partnership of treasury shares, or for the repurchase or redemption of such Subsidiaries’ shares the Capital Stock of capital stock (any Subsidiary of the Company or other equity interests)any Subsidiary of any Partnership, or any agreements Contracts of any kind which may obligate any Subsidiary of the Company or any Subsidiary of any Partnership to issue, purchase, register for sale, redeem or otherwise acquire any of its shares Capital Stock, or, except as may be set forth in the certificate of formation, limited liability company agreement, limited partnership agreement, certificate of incorporation or bylaws, or similar governing documents of such Subsidiary, requiring the Company or any of its Subsidiaries, or the Partnerships or any Subsidiaries of the Partnerships to provide funds to, make any investment (in the form of a loan, capital stock contribution or otherwise) in, any Subsidiary of the Company or any Subsidiary of the Partnerships. (c) Schedule 4.8(c) sets forth for each Partnership the percentage (expressed as a decimal rounded to the nearest hundredth) pecuniary interest of the equity interest of such Partnership owned by the Company or other equity interests)an Affiliate thereof as of the date of this Agreement. Except for All of the equity interests in the Partnerships owned directly or indirectly by the Company are owned free and clear of any Liens other than (i) as may be set forth in the certificate of formation, limited liability company agreement, limited partnership agreement, certificate of incorporation or bylaws, or similar governing documents of such Partnership, or (ii) for any restrictions on sales of securities under applicable securities Laws. There are no outstanding contractual obligations of the Subsidiaries set forth on Schedule 4.2, neither the Company nor or any of its Subsidiaries owns requiring the issuance, purchase, registration for sale, redemption or other acquisition of any equity interest in any other Personof the Partnerships or requiring the Company or any of its Subsidiaries to provide funds to, make any investment (in the form of a loan, capital contribution or otherwise) in, any Partnership except (x) as set forth on Schedule 4.8(c) or (y) as may be set forth in the certificate of formation, limited liability company agreement, limited partnership agreement, certificate of incorporation or bylaws, or similar governing documents of such Partnership.

Capitalization of Subsidiaries. The outstanding shares of capital stock of (or other equity interests ina) each of Except as set forth on Schedule ‎4.7, the Company’s Subsidiaries have been duly authorized and validly issued and are fully paid and (if applicable) nonassessable and have not been issued in violation of any preemptive or similar rights. The Company or one or more of its wholly owned Subsidiaries own of record and beneficially all the issued and outstanding shares of capital stock of (or other equity interests in) such Subsidiaries free and clear of any Liens other than (a) such Liens shares, the “Subsidiary Shares”). Except as may be set forth in the certificate of formationon Schedule ‎4.7, limited liability company agreement, limited 041945-0274-16051-Active.21513949.1 partnership agreement, certificate of incorporation or bylaws, or similar organizational documents of such Subsidiary, there are (bi) for any restrictions on sales of securities under applicable securities Laws and (c) Permitted Liens. There are no outstanding options, warrants, rights, stock appreciation rights, phantom stock equity or similar equity equivalent rights equity-based awards or other securities convertible into or exercisable or exchangeable for any shares of capital stock of (or other equity interests in) such SubsidiariesSubsidiaries including bonds, indentures, notes, or other indebtedness providing for the right to vote (or convertible into securities that have the right to vote), (ii) any other commitments or agreements providing for the issuance of additional shares (or other equity interests), the sale of treasury shares, or for the repurchase or redemption of such Subsidiaries’ shares of capital stock (or other equity interests), or (iii) any agreements of any kind which may obligate any Subsidiary of the Company to issue, purchase, register for sale, redeem or otherwise acquire any of its shares of capital stock (or other equity interests), and (iv) stock appreciation, phantom stock or similar rights with respect to any Subsidiary. (b) The outstanding shares of capital stock of (or other equity interests in) each of the Company’s Subsidiaries have been duly authorized and validly issued and (if applicable) are fully paid and nonassessable and have not been issued in violation of any right of first refusal, preemptive right or any similar rights or applicable Law. Except as set forth on Schedule ‎4.7, the Company or one or more of its wholly owned Subsidiaries own the Subsidiary Shares, free and clear of any Liens other than (i) as may be set forth in the certificate of formation, limited liability company agreement, limited partnership agreement, certificate of incorporation or bylaws, or similar organizational documents of such Subsidiary, (ii) for any restrictions on sales of securities under applicable securities Laws and (iii) Permitted Liens. Except as set forth on Schedule ‎4.7, there are no declared but unpaid dividends or other distributions with regard to any issued and outstanding equity interests of any Subsidiary of the Company. (c) Except for the equity interests of the Subsidiaries set forth on Schedule 4.2, neither the Company nor any of its Subsidiaries owns any equity interest in any other Person.

Capitalization of Subsidiaries. Schedule 2.7 sets forth the capitalization of each of the Subsidiaries of Holdings listed on Schedule 2.2, including (i) for each such Subsidiary that is a corporation, the number of shares of authorized capital stock, the par value of such stock, and the number of shares which are issued and outstanding for each such Subsidiary and held by Holdings or its Subsidiaries and each other record, and to the knowledge of Holdings, beneficial holder thereof and (ii) for each such Subsidiary that is a limited liability company a description of each class of membership interests that is authorized, and the number or percentage of such class of membership interests that are held by Holdings or its Subsidiaries and each other record, and to the knowledge of Holdings, beneficial holder thereof. The outstanding shares of capital stock of (or other equity interests in) securities of each Subsidiary of the Company’s Subsidiaries Holdings have been duly authorized and validly issued and are fully paid and (if applicable) nonassessable and have not been issued in violation of any preemptive or similar rightsnonassessable. The Company Except as set forth on Schedule 2.7, Holdings or one or more of its wholly owned Subsidiaries own owns of record and beneficially all the issued and outstanding shares of capital stock of (or other equity interests in) such securities of all of its Subsidiaries free and clear of any Liens other than (a) such Liens as may be set forth in the certificate of formation, limited liability company agreement, limited 041945-0274-16051-Active.21513949.1 partnership agreement, certificate of incorporation or bylaws, or similar organizational documents of such Subsidiary, (b) for any restrictions on sales of securities under applicable securities Laws and (c) Permitted Liens. There Except as set forth on Schedule 2.7 or in the LLC Agreement, there are no outstanding options, warrants, rights, stock appreciation rights, phantom stock or similar equity equivalent rights or other securities convertible into or exercisable or exchangeable for any shares of capital stock of (or other equity interests in) such Subsidiariesany Subsidiary of Holdings, any other commitments or agreements providing for the issuance of additional shares (or other equity interests)shares, the sale of treasury shares, shares or for the repurchase or redemption of such Subsidiaries’ shares of any capital stock (or other equity interests)of any Subsidiary of Holdings, or any agreements of any kind which may obligate any Subsidiary of the Company Holdings to issue, purchase, register for sale, redeem or otherwise acquire any of its shares of capital stock (or other equity interests). Except for the equity interests of the Subsidiaries set forth on Schedule 4.2, neither the Company nor any of its Subsidiaries owns any equity interest in any other Personstock.

Capitalization of Subsidiaries. The authorized capital stock of each Subsidiary of Harris, including Merger Sub, is disclosed in Section 5.1.2 of the ▇▇▇▇▇▇ Disclosure Schedule, including (i) the types of authorized sha▇▇▇, (ii) number of shares issued and outstanding as of August 3, 2001, (iii) number of shares issued and held in the Treasury of any such Subsidiary, and (iv) a listing of the holders of all outstanding shares together with the number of shares owned by each. There are no authorized or outstanding options, warrants, calls, preemptive rights, subscriptions or other rights, agreements, arrangements or commitments of any character (whether or not conditional) relating to the issued or unissued capital stock of any Subsidiary of Harris obligating Harris or such Subsidiary to issue, transfer or s▇▇▇ ▇▇ cause to be ▇▇▇▇▇▇, transferred or sold any shares of capital stock of (or other equity interests in) each of the Company’s Subsidiaries have been duly authorized and validly issued and are fully paid and (if applicable) nonassessable and have not been issued interest in violation of such Subsidiary or securities convertible into or exchangeable for such shares or equity interests, or obligating such Subsidiary or Harris to grant, extend or enter into any preemptive or similar rights. The Company or one or more of its wholly owned Subsidiaries own of record and beneficially all the issued and outstanding shares of capital stock of (such option, warrant, c▇▇▇, subscription or other equity interests in) such Subsidiaries free and clear of any Liens other than (a) such Liens as may be set forth in the certificate of formationright, limited liability company agreement, limited 041945-0274-16051-Active.21513949.1 partnership agreement, certificate of incorporation arrangement or bylaws, or similar organizational documents of such Subsidiary, (b) for any restrictions on sales of securities under applicable securities Laws and (c) Permitted Lienscommitment. There are no outstanding options, warrants, rights, stock appreciation rights, phantom stock or similar equity equivalent rights or other securities convertible into or exercisable or exchangeable for any shares contractual obligations of capital stock of (or other equity interests in) such Subsidiaries, any other commitments or agreements providing for the issuance of additional shares (or other equity interests), the sale of treasury shares, or for the repurchase or redemption of such Subsidiaries’ shares of capital stock (or other equity interests), or any agreements of any kind which may obligate any Subsidiary of the Company Harris or Harris to issue, purchase, register for salerepurchase, redeem or otherwise acquire any sha▇▇▇ ▇▇ oth▇▇ ▇▇▇ital stock of its any Subsidiary of Harris, or to make any payments based on the market price or value o▇ ▇▇▇▇es or other capital stock of any Subsidiary of Harris, or to provide funds to make any investment (in the form of a ▇▇▇▇, capital contribution or otherwise) in any Subsidiary or any other entity other than loans to Subsidiaries in the ordinary and usual course of business consistent with past practice. All of the outstanding shares of each Subsidiary of Harris are duly authorized, validly issued, fully paid and non-asse▇▇▇▇▇▇. Since August 3, 2001, there have been no issuances of shares of the capital stock (or other equity interests). Except for the equity interests securities of the Subsidiaries set forth on Schedule 4.2any Subsidiary of Harris or of options, neither the Company nor warrants and rights with respect to shares ▇▇ ▇▇▇er securities of any Subsidiary of its Subsidiaries owns any equity interest in any other PersonHarris.