Common use of Capitalization; Valid Issuance Clause in Contracts

Capitalization; Valid Issuance. As of the Closing Date, twenty three million twenty four thousand one hundred four (23,020,104) shares of Buyer Common Stock are issued and outstanding. The Shares issued by Buyer will, when issued in accordance with the provisions of this Agreement, be validly issued, fully paid and nonassessable.

Appears in 2 contracts

Sources: Asset Purchase Agreement (Digital River Inc /De), Asset Purchase Agreement (Calico Commerce Inc/)