Company Subsidiary Securities. As of the date hereof, there are no outstanding: (i) securities of the Company or any of its Subsidiaries convertible into or exchangeable for Voting Debt, capital stock, voting securities, or other ownership interests in any Subsidiary of the Company; (ii) options, warrants, or other agreements or commitments to acquire from the Company or any of its Subsidiaries, or obligations of the Company or any of its Subsidiaries to issue, any Voting Debt, capital stock, voting securities, or other ownership interests in (or securities convertible into or exchangeable for capital stock, voting securities, or other ownership interests in) any Subsidiary of the Company; or (iii) restricted shares, restricted stock units, stock appreciation rights, performance shares, profit participation rights, contingent value rights, “phantom” stock, or similar securities or rights that are derivative of, or provide economic benefits based, directly or indirectly, on the value or price of, any capital stock or voting securities of, or other ownership interests in, any Subsidiary of the Company, in each case that have been issued by a Subsidiary of the Company (the items in clauses (i), (ii), and (iii), together with the capital stock, voting securities, or other ownership interests of such Subsidiaries, being referred to collectively as “Company Subsidiary Securities”).
Company Subsidiary Securities. As of the date hereof, there are no outstanding, and there has not been reserved for issuance any, (i) securities of the Company or any Subsidiary of the Company convertible into or exchangeable for Voting Debt or shares of capital stock, voting securities or other ownership interests in any Subsidiary of the Company, (ii) options, warrants or other agreements or commitments to acquire from the Company or any of its Subsidiaries, or obligations of the Company or any of its Subsidiaries to issue, any Voting Debt, capital stock, voting securities or other ownership interests in (or securities convertible into or exchangeable for capital stock, voting securities or other ownership interests in) any Subsidiary of the Company, (iii) restricted shares, restricted stock units, stock appreciation rights, performance shares, profit participation rights, contingent value rights, “phantom” stock or similar securities or rights that are derivative of, or provide economic benefits based on, directly or indirectly, the value or price of, any capital stock or voting securities of, or other ownership interests in, any Subsidiary of the Company, in each case that have been issued by the Company or any of its Subsidiaries, or (iv) equity equivalent interest in the ownership or earnings of any Subsidiary of the Company or other similar right (the items in clauses (i), (ii), (iii) and (iv), together with the capital stock, voting securities or other ownership interests of such Subsidiaries, being referred to collectively as “Company Subsidiary Securities”).
Company Subsidiary Securities. 4.06(b) Confidentiality Agreement.............................................6.02
Company Subsidiary Securities. As of the date hereof, there are no outstanding (i) securities of the Company or any of its Subsidiaries convertible into or exercisable or exchangeable for Company Voting Debt, capital stock, voting securities or other ownership interests in any Subsidiary of the Company, (ii) options, warrants or other agreements or commitments to acquire from the Company or any of its Subsidiaries, or obligations of the Company or any of its Subsidiaries to issue, any Company Voting Debt, capital stock, voting securities or other ownership interests in (or securities convertible into or exercisable or exchangeable for capital stock, voting securities or other ownership interests in) any Subsidiary of the Company, or (iii) restricted shares, restricted stock units, stock appreciation rights, performance shares, profit participation rights, contingent value rights, “phantom” stock or similar securities or rights that are derivative of, or provide economic benefits based, directly or indirectly, on the value or price of, any capital stock or voting securities of, or other ownership interests in, any Subsidiary of the Company, in the case of each of clauses (i), (ii) and (iii) that have been issued by a Subsidiary of the Company (the items in clauses (i), (ii) and (iii), together with the capital stock, voting securities or other ownership interests of such Subsidiaries, being referred to collectively as “Company Subsidiary Securities”).
Company Subsidiary Securities. As of the date hereof, there are no outstanding: (i) securities of the Company or any of its Subsidiaries convertible into or exchangeable for Voting Debt, capital stock, voting securities, or other ownership interests in any Subsidiary of the Company; (ii) options, warrants, or other agreements or commitments to acquire from the Company or any of its Subsidiaries or to subscribe to, or obligations of the Company or any of its Subsidiaries to issue, any Voting Debt, capital stock, voting securities, or other ownership interests in (or securities convertible into or exchangeable for Voting Debt, capital stock, voting securities, or other ownership interests in) any Subsidiary of the Company; or (iii) restricted shares, restricted stock units, stock appreciation rights, performance shares, profit participation rights, contingent value rights, “phantom” stock, or similar securities or rights that are derivative of, or provide economic benefits based, directly or indirectly, on the value or price of, any capital stock or voting securities of, or other ownership interests in, any Subsidiary of the Company, in each case that have been issued by a Subsidiary of the Company (the items in clauses (i), (ii), and (iii), together with the capital stock, voting securities, or other ownership interests of such Subsidiaries, being referred to collectively as “Company Subsidiary Securities”). 38031572.13
Company Subsidiary Securities. 3.6(b) Company U.S. Employees.................................................3.14(e) Condition Satisfaction Time................................................5.2 -vi-
Company Subsidiary Securities. The Company owns directly 100% of the membership, equity, voting and ownership interests in the Company Subsidiary (the “Company Subsidiary Membership Interests”). All of the outstanding Company Subsidiary Membership Interests: (i) are duly authorized, validly issued, fully paid and non-assessable; (ii) are not subject to preemptive rights created by statute, the Subsidiary Charter Documents, any Contract to which the Company Subsidiary is a party, or otherwise; (iii) are free and clear of any and all Liens; and (iv) were issued in compliance with applicable Law. Except for the Company Subsidiary Membership Interests owned by the Company, the Company does not own, directly or indirectly, any capital stock of, or other equity or ownership or voting interests in, or other securities of, any Person. Other than the Company Subsidiary Membership Interests owned by the Company, there are no issued or outstanding: (A) Company Subsidiary Membership Interests; (B) Voting Debt of the Company Subsidiary; (C) securities of the Company Subsidiary convertible into or exchangeable for Company Subsidiary Membership Interests or Voting Debt; (D) options, warrants, or other Contracts to acquire from the Company Subsidiary or the Company, or obligations of the Company Subsidiary or the Company to issue, any Company Subsidiary Membership Interests in (or securities convertible into or exchangeable for Company Subsidiary Membership Interests in) the Company Subsidiary or Voting Debt; or (E) restricted equity or ownership interests, restricted equity or ownership interest units, equity or ownership interest appreciation rights, performance units, profit participation rights, contingent value rights, “phantom” stock or other equity or ownership interests, or similar securities or rights that are derivative of, or provide economic benefits based, directly or indirectly, on the value or price of, any Company Subsidiary Membership Interests, in each case that have been issued by the Company Subsidiary or the Company (all of the foregoing items in this Section 3.04(f), collectively, “Company Subsidiary Securities”). There are no outstanding Contracts requiring the Company Subsidiary to repurchase, redeem, or otherwise acquire any Company Subsidiary Securities. There are no voting trusts or Contracts to which the Company Subsidiary or the Company is a party with respect to the voting of any Company Subsidiary Securities.
Company Subsidiary Securities. 3.06 Company's Pension Plan..................................... 7.09
Company Subsidiary Securities. 4.06(b) Dissenting Company Stock..................................................2.05
Company Subsidiary Securities. 8 D DLJ. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 E
