Conditions to Issuance of Stock. The shares of Common Stock deliverable hereunder may be either previously authorized but unissued shares or issued shares that have been reacquired by the Company. Such shares shall be fully paid and nonassessable. The Company shall not be required to issue or deliver any certificate or certificates (or other documentation that indicates ownership) for shares of Common Stock granted hereunder prior to the fulfillment of both of the following conditions:
Appears in 3 contracts
Samples: Performance Based Restricted Stock Unit Agreement (Peabody Energy Corp), Performance Based Restricted Stock Unit Agreement (Peabody Energy Corp), Performance Share Units Agreement (Peabody Energy Corp)
Conditions to Issuance of Stock. The shares of Common Stock deliverable hereunder issued to Holder pursuant to this Agreement may be either previously authorized but unissued shares or issued shares that have then been reacquired by the Company. Such shares shall be fully paid and nonassessable. The Company shall not be required to issue or deliver any certificate or certificates (or other documentation that indicates ownership) for shares of Common Stock granted hereunder stock pursuant to this Agreement prior to the fulfillment of both all of the following conditions:
Appears in 1 contract
Samples: Performance Restricted Stock Unit Agreement (Filenet Corp)
