Classes of Stock. The parties hereto intend that any capital stock sold by a Stockholder pursuant to the provisions of this Agreement shall be Class A Common Stock if sold prior to January 1, 2002 or Common Stock if sold thereafter. Accordingly, any reference herein to the inclusion of Common Stock in a Registration Statement for offering, sale and delivery by a Stockholder hereunder shall, subject to the proviso to Article Fourth, II-A-4, of the Certificate of Incorporation of the Company, prior to January 1, 2002 be deemed to refer to Class A Common Stock and thereafter to Common Stock.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Natco Group Inc), Registration Rights Agreement (Natco Group Inc)
Classes of Stock. The parties hereto intend that any capital stock sold by a Stockholder pursuant to the provisions of this Agreement shall be Class A Common Stock if sold prior to January 1, 2002 or Common Stock if sold thereafter. Accordingly, any reference herein to the inclusion of Common Stock in a Registration Statement for offering, sale and delivery by a Stockholder hereunder shall, subject to the proviso to Article Fourth, II-A-4, of the Certificate of Incorporation of the Company, prior each Stockholder agrees to January 1, 2002 be deemed convert any Class B Common Stock that is included as Registrable Shares in a Registration Statement filed pursuant to refer to any provision of this Agreement into Class A Common Stock and thereafter prior to Common Stockthe effective date of such Registration Statement under the Securities Act.
Appears in 2 contracts
Samples: Registration Rights Agreement (Natco Group Inc), Agreement and Plan of Merger (Natco Group Inc)